Curriculum Structure

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MT3001 Maritime Law

[Lectures: 39 hrs; Tutorials: 0 hrs; Lab: 0 hrs; Pre-requisite: Nil; Academic Units: 3]


Learning Objective :


The course offers a thorough introduction to International Maritime Law, International Conventions and an understanding of international shipping and its legal framework. The course content also covers an introduction to commonly used contracts and documents.

Course Content :

Introduction to international Maritime Law. Ships, nationality and registration. The importance of the flag. Ship control and classifications. Shipbuilding and repair contracts. Sale and purchase of ships. Mortgages. The ship owner legal liabilities and right of limitation. Ship-owners’ liability for oil pollution and damages to the environment. Liability for collisions between vessels and fixed and floating objects. Contracts of affreightment. The ship owners liability for the carriage of goods. Ship-owners liability in contract and in tort. The carrier’s liability to passengers and crew claims. Salvage and general average.

Course Outline :

S/N

Topic

1

International Maritime Law. Terms and abbreviations. The international aspect of Maritime. Law Jurisdiction and International Conventions

2

Ships, Nationality and Registration. Determining the nationality of a vessel, applicable laws. Registration and flags of convenience

3

Ship control and classification. National and international laws, classification societies

4

Sale and purchase of ships. Description of the vessel and inspection. The role of the broker Price and payment. Settling of disputes

5

Mortgages. Contractual mortgages and liens. Maritime mortgage, description and applicable laws and conventions

6

The ship owners legal liabilities and right to limitation. Types of liabilities. Ordinary principles of liabilities, strict liability. And liability for employees and others negligence. The right to limit, who can Limit their liability. Laws and conventions, historical background

7

Oil pollution and environmental liability

8

Liability for collisions

9

The ship owners liability for the carriage of goods. Definition of carrier, the carrier’s liability for carried goods. Laws and regulations, strict liability, exceptions from liability. Limitation of liability

10

The carrier’s liability to passengers and crew claims. Contracts, Laws and regulations, Athens Convention, who can claim? Limitation of liability. Mandatory insurance, damage to luggage

11

Salvage and general average. Conditions for obtaining a salvage award, property and Interests subjected to salvage, the principle of “no cure no pay”. Assessment of a salvage award. The General Average Act, the Principle of common safety and common benefit, The York Antwerp Rules

Learning Outcome :

Upon completion of the course, students should be able to understand the complexity of international maritime law as well as its international aspect and the importance of conventions. They will know how to determine jurisdiction and the challenges relating to jurisdiction issues in international shipping. They will also have detailed knowledge of certain areas of the law.

Textbooks :

Nil

References :

Falkanger T., Bull, H.J. and Brautaset, L. “Scandinavian maritime law: the Norwegian perspective”. 2nd ed. Oslo : Universitetsforlaget, 2004.​