LW620-7-AU-CO:
Maritime Law and Wet Shipping
2023/24
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 05 October 2023
Friday 15 December 2023
15
19 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLM M22112 International Trade and Maritime Law,
LLM M22124 International Trade and Maritime Law,
LLM M221PP International Trade and Maritime Law with Professional Placement,
LLM M22E12 Maritime Law,
LLM M22E24 Maritime Law
Maritime and Shipping Law can broadly be divided into `dry` and `wet` shipping. The former, deals with contractual and commercial matters. The latter, which is the focus of this module, deals with incidents on the high seas. As such, matters such as collisions and damage to the vessel and the environment are the main issues of this module.
We cover areas such as, collisions, salvage and liabilities of the vessel. In other words, this module looks at general maritime law issues as well as issues relating to the sea itself, rather than purely to the contractual relationships of shipping parties.
The module aims to provide students with detailed knowledge of substantive laws in the various topics discussed in LW620. It also provides students with a good working understanding of the commercial realities and operations that underpin shipping activities and how these are and ought to be balanced against growing demands for environmental protection.
1. Confidently navigate legal material pertaining to ships and their operation, including legislation, case law and relevant policy and other documents.
2. Solve practical legal problems relating to ships and their operation
3. Formulate well-reasoned academic arguments premised upon a sound understanding of the relevant legal principles
4. Engage in current debates relating to developments in the shipping industry, mindful of prevalent commercial, public, and other interests
5. Independently undertake research and investigate further topics in maritime law, mindful of a broader commercial and public context
Indicative Syllabus
1. Introduction and Historical Overview
Introduction to standard concepts such as Maritime, Marine and Admiralty law. We also look at the historical origins (often disputed) of maritime law, which has been described as ancient. From its early inceptions maritime law (lex maritima) was international in its application providing a legal framework for the eventual unfolding of international trade and globalisation. We explore its lineage and discuss the similarities to be found internationally in this area of the law.
2. Ship Building, Finance and Registration
While this topic is strictly speaking dry maritime law, it functions as the logical precursor to the topics to follow. We look at the start of life for a ship with shipbuilding contracts, the sale and purchase of vessels, registration of ship for flag and nationality purposes and finance from lenders for purchase.
3. Collisions
With collisions occurring at sea we look at the interests of different parties in such cases (owners, cargo owners, insurers, lenders etc.) the evidence required and the investigation methods as well as the liability for collisions and litigation in Admiralty Court.
4. Salvage
The description of salvage and salvage contracts as well as the salvage reward, we look at the typical example of the Lloyd`s Open Form and examine the IMO Salvage Convention 1989 and its review by CMI.
5. Towage
We examine the main principles, which govern towage including cases, legislation and standard form contracts. We look at liability issues that may arise from a contract of towage, the legal relationship between tug and tow and the liability of tug and tow to third parties.
6. Marine pollution
We look at the potential damage to the environment vessels can cause for example, we look at bunker pollution and spilled oil and oil production. Lastly, the safe scrapping of old vessels.
The module is delivered by 9 two-hourly interactive workshops, which can be a blend of online and face to face teaching.
The core textbooks for this module are Baatz’s Maritime Law (2014) and Baughen`s Shipping Law (2015). We will also be scrutinising UK statutes and International legislation. Students will be directed to other related materials throughout the course.
The reading and work for each workshop will be issued in advance and should be completed by the student prior to the session.
Other specialist books in the field include:
Admiralty Jurisdiction and Practice, 2011 (new edition Dec 2016)
Berlingieri on Arrest of Ships, 2011
Enforcement of Maritime Claims, 2005
International Maritime Conventions Volumes I and II, 2014
Limitation of Liability for Maritime Claims, 2005
Modern Maritime Law Volumes 1 and 2, 2013
Pollution at Sea, 2012
Ship Registration: Law and Practice, 2009
Ship Sale and Purchase, 2012
Shipping and the Environment, 2009
The Law of Ship Building Contracts, 2012
Shipbuilding, Sale and Finance, 2015
The Law and Practice of Admiralty Matters, 2016
The International Law of the Sea, 2016
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
LW620-7-AU Summative Essay |
|
100% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Durand Cupido, email: d.cupido@essex.ac.uk.
Law Education Office, pgtlawqueries@essex.ac.uk
Yes
No
Yes
Prof Duncan Sheehan
University of Leeds
Professor
Available via Moodle
Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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