NSA 2511 International Maritime Law

APPLIES TO ACADEMIC YEAR 2013/2014

NSA 2511 International Maritime Law


Responsible for the course
Cathrine Bjune

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
7,5

Language of instruction
English

Introduction
The course gives a thorough introduction to International Maritime Law and commonly used contract in shipping. The students will learn about the national and international framework of shipping, and how conventions and standard contracts are made and developed. The students learn the the importance of jurisdiction and applicable law clauses in contracts, as well as how contracts are negotiated, entered into and executed. The course covers laws and contracts used for deployment and chartering of vessels, transportation of cargo and passengers, salvage and other short and long term contracts. Mandatory and non-mandatory rules relating to shipowners' and charterers' liabilities is covered, together with the limitation rules applicable. The course covers liability for environmental damages, salvage, cargo liability, collision, passenger liabilities and the importance of flag state and port state laws and regulations.

Learning outcome
Acquired knowledge
The students will acquire an understanding of the rules relating to the maritime industry and shipping, including

  • The national and international legal framework of shipping
  • The impact of environmental considerations
  • Standard contracts commonly used in relation to the ship and cargoes
  • Maritime laws and international conventions
  • The importance of ship registration
  • Shipowners' liabilities in contract and in tort
  • Oil and bunkers pollution
  • Shipowners right to limit liabilities
  • Salvage and collision liabilities

Acquired skills
The course will enable the students to identify and use the laws and regulations in order to:
  • Identify and solve common legal problems related to shipping
  • Understand the importance of jurisdicion and choice of law rules
  • Identify the shipowners legal liabilities in contract and in tort
  • Identify the liable party in a dispute
  • Decide on relevant laws applicable to a dispute involving a shipowner and or carrier
  • Solve practical cases of a maritime nature
  • Interpret commonly used standard contracts such as Bills of Ladings, Charter Parties and contracts used for the sale and purchase of ships

Reflection
The students will learn the complex legal nature of international shipping, and the laws and contracts used internationally.They will understand why maritime law is considered to be international, and why international rules are important to world trade. The students will be able to reflect on practical cases of a marine nature, and to solve them using relevant laws. They will get an understanding of why we have llimitaation rules, and how these are applied to individual claims and disputes. The The students will be able to understand and reflect on the importance of common international rules and regualtions as a tool for limiting damage to the environment and for increasing the safety of ships.

Prerequisites
None

Compulsory reading
Books:
Falkanger, Thor, Hans Jacob Bull, Lasse Brautaset. 2011. Scandinavian maritime law : the Norwegian perspective. 3rd ed. Universitetsforlaget. Chapters. 1,2,3,6,8,9,10,11,13,14,18,19. (Norwegian edition: "Innføring i sjørett")

Recommended reading
Books:
Branch, Alan E. 2007. Elements of shipping. 8th ed. Routledge

Course outline
  • International Maritime Law - introduction and terminology
  • The Norwegian Maritime Code
  • National laws and international conventions
  • Ship registration and the importance of the flag
  • Charterparties and Bills of Ladings
  • Shipowners liabilities in contract and tort
  • Carriers liability to cargo
  • Carriers liability to passengers
  • Limitation rules
  • Maritime liens
  • Salvage rules
  • Collision rules
  • Liability for oil and bunkers pollution
  • Case work

Computer-based tools
None

Learning process and workload
The course is conducted through a total of 45 hours of lectures, field trips 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.

Recommended workload in hours
Activity
Hours
Participation at lectures
38
Participation at assignment reviews by lecturer
7
Preparations for lectures (approx. 1.5 hours per hour of lectures or assignment reviews by lecturer)
68
Work on mandatory mini-exercises (approx. 1 hour per mini-exercise
14
Preparation for exams
73
Total recommended time use
200


    Examination
    A three-hour individual written examination concludes the course.

    Examination code(s)
    NSA 25111 - Written exam, counts 100% to obtain final grade in NSA 2511 International Maritime Law, 7.5 credits.

    Examination support materials
    The Norwegian Maritime Code in norwegian or English version and BI-approved exam calculator, TEXAS INSTRUMENTS BA II Plus™
    Support materials at written examinations are explained under exam information in our web-based Student Handbook. Please note use of calculator. http://www.bi.no/studiehandbok/hjelpemidler

    Re-sit examination
    At the next ordinary examination.

    Additional information

    Semester

    Oversettelser