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LAWS3104 Admiralty Law (Visit)

Module Overview

Admiralty Law is an exciting course dealing with the laws applicable to shipping operations and the liabilities that may arise. Liabilities arising from shipping accidents, covering loss of life, damage to property, pollution as well as special liability regimes for salvage assistant, specific privileges granting to shipowners, including their right to limit liability are examined in the first semester. The claimants’ right to arrest the ship, the way enforcement of maritime claims is undertaken, the relative priority of claims and the determination of jurisdiction on the merits are all discussed in the second semester.

Aims and Objectives

Module Aims

To provide you with: • knowledge and understanding of the main principles of Admiralty Law and the commercial, safety and environmental policies and values which underpin it. • experience in dealing with legal principles deriving from variety of legal instruments, including international conventions, statutes, case law and standard form maritime contracts. • skills of legal analysis and problem solving at an advanced level in a commercial law subject with an international aspect.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • the main principles which govern Admiralty liabilities, including: -salvage and collision liabilities -carriage of passengers, -towage and dock liabilities, -marine pollution liabilities -limitation of liability, -the scope of contractual rights and obligations.
  • the main commercial, safety and environmental policies and values underpinning Admiralty Law.
  • the existing areas of debate about what the law is and what it ought to be, both in U.K. and internationally.
  • The action in rem and the right to arrest the ship
  • Priority of maritime claims
  • Jurisdiction on the merits for maritime claims
  • Freezing orders.
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • analyse relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts.
  • identify key legal and policy issues in their commercial, safety and environmental contexts.
  • apply Admiralty principles, with appropriate legal authorities, in the solution of complex practical problems involving multiple regimes of liability
  • draft legal advice based upon such problems
  • critically appraise and offer solutions in existing areas of debate in U.K. and international maritime law.
  • display clarity and objectivity in written discussion.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • identify and locate relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts.
  • think critically in relation to policy issues
  • plan and manage your studying

Syllabus

Semester 1. Introduction to Admiralty law The International Salvage Convention 1989 Salvage Contracts Collision liabilities Towage contracts Liability for the carriage of passengers Liability for marine pollution Limitation of liability Semester 2. Ship Arrest Actions in rem and in personam Maritime Liens Freezing injunctions Jurisdictional disputes

Special Features

This module is important for students wishing to work in firms specialising in maritime law. The Institute of Maritime Law runs a series of voluntary seminars on Wednesday afternoons given by brokers, insurers, judges, arbitrators, solicitors and others specialising in the maritime field to supplement and enhance the students understanding of the practical and commercial background to this subject. It also organises a boat trip round the port of Southampton.

Learning and Teaching

Teaching and learning methods

Teaching will be by one two hour seminars per week. Seminars will develop: • the structure of the subject and the presently applicable principles and policies • about the major controversies and problems existing in relation to the interpretation of the legal provisions • draft legal instruments which are expected to change the law applicable

TypeHours
Revision15
Seminar20
Completion of assessment task15
Preparation for scheduled sessions100
Total study time150

Resources & Reading list

Marsden: Collisions at Sea. 

D.C. Jackson (2005). The Enforcement of Maritime Claims. 

Baughen, S (2015). Shipping Law. 

Aleka Mandaraka-Sheppard (2014). Modern Maritime Law (Volumes 1 and 2) (Maritime and Transport Law Library) Hardcover. 

Kennedy and Rose on The Law of Salvage. 

Hill, C (2004). Maritime Law. 

Halsbury's Laws of England. 

Routledge. Maritime Law. 

Brice (2012). Maritime Law of Salvage. 

Assessment

Formative

Essay

Summative

MethodPercentage contribution
Essay  (4000 words) 100%

Referral

MethodPercentage contribution
Essay  (4000 words) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

Four volumes of materials are provided both in electronic form on Blackboard and in hard copies. These are provided without any costs for the students. They must be kept clean and without annotations because they can be taken in the final exams. Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the core/recommended text as appropriate

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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