| CODE | CML5047 | ||||||
| TITLE | Core Issues and Developments of Maritime Shipping Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Commercial Law | ||||||
| DESCRIPTION | The purpose of this study-unit will be to provide an overview of core issues and developments in basic Maritime Shipping Law. The study-unit examines the various trade terms adopted in international contracts for the sale of goods and consider their relationship with other interrelated contracts, such as contracts of carriage by sea (INCOTERMS), contracts of marine insurance and contracts of affreightment. Issues of domestic sale of goods contracts, such as implied terms, passing of risk and property, reservation of title and remedies are examined as background. The registration of vessels is then determined in accordance with national law. In this context, the role and practical implementation of the Registry are discussed, together with the local and international registration, sale and purchase, security for debts, mortgages, and privileges. Liability and claims are discussed according to the law while also considering salvage law. A distinction will also be made between salvage, towage, and pilotage. Study-unit Aims: The study-unit on Core Issues and Developments in Maritime Shipping Law introduces and describes a wide array of maritime shipping laws and regulations which have been put in place in order to better regulate numerous maritime activities and affairs. The aim of the study-unit is to high-light a number of important maritime rules that are of particular interest to all stake-holders in the maritime field particularly those involved in port management and logistics. The participants will attain an understanding of practical issues relating to the carriage of goods by sea which defines the basic relationship—duties, liabilities, rights, and immunities—between ocean carrier and cargo owner. Another equally important aspect to be analysed are the terms of trade used in international contracts for the carriage of goods. The focus will be on INCOTERMS as each Incoterms rule clarifies the tasks, costs, and risks to be borne by buyers and sellers in these transactions. Furthermore, core issues and developments relating to salvage, towage and pilotage will be discussed. Against this backdrop several issues relating to the roles of the various crew members will be discussed. In so doing the participants will be given a holistic understanding on a number of key aspects of maritime shipping law. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: - Identify the various laws that regulate Shipping Law; - Recognise the importance of the various members of the crew; - Assess how to form and register vessels; - Appreciate the distinction between salvage, towage and pilotage; - Analyse the different contracts vessels can enter into during their operations. 2. Skills By the end of the study-unit the student will be able to: - Be conversant in the different laws that regulate maritime shipping affairs; - Become aware of the roles of different persons that manage these vessels; - Apply acquired knowledge to particular activities carried out in the functioning of these vessels, from their formation to their everyday operations; - Have the required technical skills to implement the various important rules that regulate this area of Shipping and Maritime activity. Main Text/s and any supplementary readings: Main Readings: - Attard F.G. (2021) The duty of the shipmaster to render assistance at sea under international law, Luglio Editore. - Reynolds, F (2013) The Liability of Freight Forwarders, First edn., Routledge. - Martinez, N. (2011) Serving the rule of International maritime law: essays in honour of Professor David Joseph Attard, Routeledge. - Halsbury, H.S.G. (2008) Shipping and Maritime Law, Halsbury Statutes of England. - Wilson, J.F. (2008) Carriage of goods by sea. - Debattista, C (2000) Shipping Law in Its Commercial and Legal Context, IML. |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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