LAW7116

International law of the sea 2: issues in maritime management ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Dr Eric Wilson

Offered:
Not offered in 2005.

Synopsis: UNCLOS III - Freedom of Navigation; Right of Transit issues; Admiralty - Introduction to basic principles - International Carriage of Goods; Insurance; Liability; Ship Registration; Flags of Convenience - MARPOL; the London Convention; Port-State Authority - legal regimes (both classical and new); Maritime Labor regulation - IMO; ILO; Maritime Environmental management - ship-based pollution; exotic species; GMO; International Maritime Public Order - piracy; drug trafficking; illegal transit of human cargoes ("people smuggling")

Objectives: Students who successfully complete this subject should (1) have acquired an advanced understanding of the specialised concepts used in maritime law; (2) be able to analyse those concepts critically, (3) have a comprehensive and up-to-date knowledge of the Australian law governing (a) carriage of goods by sea under bills of lading, voyage charterparties and contracts of affreightment, (b) time charterparties and other similar arrangements designed to separate the navigational and commercial operation of ships carrying goods by sea, (c) the Admiralty jurisdiction and the nature of actions in rem, (d) collisions at sea, (e) marine insurance on cargo, hull and machinery, (f) liability insurance by protection and indemnity associations, (g) limitation of liability according to the tonnage of the ship held liable, (h) salvage, and (i) marine pollution from ships; (4) have acquired a familiarity with the law governing the carriage of goods by sea in other countries, particularly those from which Australia imports goods; (5) be able to identify and resolve legal problems arising in the areas described in (3)(a)-(g) above; and (6) have a detailed understanding of the commercial context of the legal principles they have studied.

Assessment: Research essay (4,000 words): 40% + compulsory take-home examination: 60%