GRA 8209 Maritime and Offshore Law and Contracts

APPLIES TO ACADEMIC YEAR 2014/2015

GRA 8209 Maritime and Offshore Law and Contracts


Responsible for the course
Cathrine Bjune

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
4

Language of instruction
English

Introduction
The course introduces the students to the concept of international maritime law and conventions. It covers the legal framework applicable to the the ship and the ship`s operations. The course covers international conventions made by IMO and CMI, and the difference between mandatory laws, non-mandatory laws, flag state law , port state law and areas regulated by standard contracts. The interface between maritime and offshore law is discussed, and the contracts relating to ships and subsea operations is covered. The main rules regulating shipowners liabilities and right to limit liability is covered, as well as jurisdiction and registration issues.

Learning outcome
Acquired knowledge:
The participants will acquire an understanding of the rules and contracts applicable to the shipping and offshore industries, with an emphasis on the following::

  • The legal framework of shipping
  • International Maritime Conventions
  • Ship registration
  • Laws and Contracts commonly used
  • Contracts used for chartering of commercial vessels, including offshore vessels
  • Jurisdiction problems and solutions
  • Shipowners' liabilities in contract and in tort
  • Limitation rules
Acquired skills:
The course will enable the students to identify and use relevant laws and regulations in order to:
  • understand the concept of ship registration
  • Recognize and use common standard contracts in shipping and offshore
  • Be able to interpret and use Charter parties and Bills of Lading, and understand relevant differences
  • Identify and solve common legal problems encountered encountered in shipping and offshore/subsea operations
  • Identify the shipowners legal liabilities in contract and in tort
  • Solve practical cases of a maritime nature
Reflection:
The participants will learn the complex legal nature of international shipping, and how international rules affect most aspects of owning and operating ships and offshore vessels. The students will be able to reflect on practical cases, and to solve them using relevant laws and contracts.


Prerequisites
Bachelor degree or equivalent, 4 years work experience, managerial experience and good written and oral knowledge of the English language.

Compulsory reading
Books:
Aleka Mandaraka-Sheppard, Informa Law. 2009. “Modern Maritime Law and Risk Management”. 2nd edition. Informa Law. chapters 1,2 and 17. Chapters will be made available to students in scanned version
Arne Sandevaern, Lars Gorton and Rolf Ihle. 2009. “Shipbroking and Chartering Practice. 7th edition. LLP. 7 and 11. The chapters will be made available to the students
John Wilson. 2010. Carriage of goods by sea
. 7th edition. Pearson Education Limited. Chapter 5, 6. The chapters will be made available to the students in a scanned version
Simon Rainey. 2011. The Law of Tug and Tow and Offshore Contracts. 3rd Edition. Informa Law. Chapters 5 and 6. The chapters will be made available to the students in a scanned version
Terence Coghlin, Andrew W. Baker, Julian Kenny and John D. Kimball
. 2008. “Time Charters”
. 6th edition. Informa London. Chapter 3. Chapter will be made available to the students in a scanned version


Other:
Baltic International Maritime Conference (BIMCO). BIMCO. Selected standard Charterparties


Recommended reading
Books:
P.K Mukherjee and M. Brownrigg. 2013. Farthing on International Shipping. 4th edition. Selected chapters
Thor Falkanger, Hans Jacob Bull and Lasse Brautaset. 2011. Scandinavian Maritime Law. 3rd edition. Universitetsforlaget AS. Selected chapters


Course outline

  • International Maritime Law - introduction and terminology
  • National laws, port state laws and international conventions
  • Rules relating to ship registration
  • Offshore law - national laws and contracts
  • Shipowners liabilities in contract and in tort
  • Limitation rules
  • Contracts used for the deployment of ships and offshore structures
  • Company visit
Case work


Computer-based tools


Learning process and workload
The course is conducted through a total of 32 hours of lectures and casework.

As a part of lectures assignments will be placed on It’s learning. Students are expected to be prepared for class by working with the assignments, as the lecturer will review these assignments in class. Feedback will also consist of the students comparing their solutions with the one that is explained by the lecturer.


Examination
Case work throughout the module - one written assigment to be handed in. Class participation count 40 % of total grade and written assigment count 60 %.

Examination code(s)
GRA 82091 - Process evaluation; accounts for 100 % to pass the program GRA 8209, 4 ECTS credits

The course is a part of a full Executive MBA in Maritime Odffshore and all evaluations must be passed to obtain a certificate for the degree.


Examination support materials


Re-sit examination
Re-takes are only possible at the next time a course will be held. When course evaluation consists of class participation or process elements, the whole course must me re-evaluated when a student wants to retake a exam. Retake examinations entail an extra examination fee.

Additional information