Admiralty Law 2 (Enforcement and Limitation of Liability)

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• identify key legal and policy issues in their commercial and enforcement aspects of Admiralty law.
• draft legal advice based upon such problems being alert to issues of academic integrity while doing so
• critically appraise and offer solutions in existing areas of debate in U.K. and international maritime law.
• analyse relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts.
• apply Admiralty enforcement principles, with appropriate legal authorities, in the solution of complex practical problems involving multiple regimes of liability

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• think critically in relation to policy issues
• identify and locate relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts.
• plan and manage your studying and see how this can engage with your personal and professional development

Knowledge and Understanding

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

• the main commercial, safety and environmental policies and values underpinning enforcement of Admiralty claims.
• the existing areas of debate about what the law is and what it ought to be, both in U.K. and internationally.
• the main principles which govern enforcement rights in Admiralty

The main principles which govern enforcement rights in Admiralty including:

• -the character of maritime claims
• -the right to arrest a ship for a maritime claim
• -the priority between maritime claims
• -freezing orders
• -the shipowners’ right to limit liability and the way this is coupled with ship arrest
• -the ways for establishing jurisdiction on the merits for maritime claims

Teaching and learning methods

Teaching methods include

Teaching will be by one two hour seminar per week.

Learning activities include

Seminars will develop:

• the structure of the subject and the presently applicable principles and policies
• 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

Resources & Reading list

Textbooks

D.C. Jackson (2005). The Enforcement of Maritime Claims. London: Informa Publishing Ltd.

Aleka Mandaraka-Sheppard (2014). Modern Maritime Law (Volumes 1 and 2) (Maritime and Transport Law Library). London: Informa Publishing Ltd.

Yvonne Baatz (ed.) (2015). Maritime Law. Routledge.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Repeat Information

Repeat type: Internal & External