Students are required to take four modules from the following list. At least two of the options must be drawn from the asterixed (*) modules
This course concerns a practical aspect of maritime law which was developed by the Admiralty Court in England and which has influenced many countries in the world. The aim of the course is to provide students with a practical and critical knowledge of those aspects of maritime law relating to the running of the ship. The course is in two parts. Part one deals with substantive areas of maritime law such as the law of collisions, harbour law, pilotage, oil pollution, salvage, general average, carriage of passengers and limitation of liability. Part two focuses on enforcement of maritime claims through the practice and procedure of the Admiralty Court, including arrest, jurisdiction and maritime liens.
Module Directors: Professor Baris Soyer and Dr Richard Caddell
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The module provides an analysis of the foundations and fundamental concepts relating to the insurance of ships, cargoes and freight. The law considered is predominantly English law, which is of international relevance. It represents the basis of the law followed in Commonwealth countries, the United States and in many other countries. The insurance forms and documents used on the London marine insurance market are also adopted in a large number of overseas insurance markets. Throughout the course the respective positions of assureds and underwriters are analysed, as also are the special features of the marine insurance contract, the risks covered and the concepts of causation, indemnity, subrogation, co-insurance and reinsurance.
Module Director: Professor Baris Soyer
The charterparty represents the major contract under which ships are engaged for commercial purposes. The unit identifies and analyses the main categories of charterparty, namely the bareboat or demise charterparty, and time, voyage and hybrid charterparties. Also examined is the relationship between charterparties and negotiable bills of lading, for chartered ships frequently carry cargo in respect of which a bill of lading has been issued. Charterparty fraud is also addressed.
Module Director: Professor Richard Williams
Carriage of goods by sea is regulated by international conventions, with consequential harmonisation. The module traces and analyses this process, commencing with the Hague Rules and thereafter the Hague Visby Rules and the Hamburg Rules. These regimes occupy a central position in commercial shipping, for most cargo loss and damage claims will be governed by the provisions of one or the other of the international regimes. But the fact that the world has ended up with three, as distinct from one, international regimes produces numerous difficulties which will be explored.
Module Director: Professor Richard Williams
The sea constitutes two-thirds of the entire planet and is of fundamental importance to human activity, sustaining life, providing commerce and navigational routes and a substantial proportion of our natural resources. this module examines the global and regional governance of the seas and addresses a number of key issues in the formulation and appreciation of marine policy, including the development of international and European rules; rights and duties of states over maritime areas and resources, as well as common areas; illegal conduct and the enforcement of maritime law; and the emerging importance of marine environmental issues, not least in the context of highly newsworthy events such as sea-level rise and the whaling debate.
Module Director: Dr Richard Caddell
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The module analyses the structure and operation of international sale contracts, especially CIF, CIP and FOB contracts, focusing on the respective obligations and rights of seller and buyers, questions of title and risk, and remedies for breach. Also examined are INCOTERMS promulgated by the International Chamber of Commerce (ICC), international sales under the Vienna Convention 1980 and commodity trading contracts. Emphasis is given to an examination of the relevant transport documentation, especially the bill of lading, the insurance of goods in transit, and the different legal mechanisms by which the law protects international buyers.
Module Director: Professor Andrew Tettenborn
The course examines the expanding role of e-commerce and the associated problems; how an effective legal framework can be established and effective encryption systems developed. The course identifies and discusses the conflict between e-commerce and governmental control, developing a comparative approach to the issue and looking at the approaches adopted in countries such as Singapore and the USA. Also examined is the application of existing legal principles to e-commerce, again adopting a comparative approach, analysing existing legal adaptations, their appropriateness and how such adaptations might be improved in the future.
Module Directors: Mr Andrew Beale, OBE, Dr Patrick Bishop and Dr Jon Howden-Evans
International disputes that cannot be otherwise resolved are customarily referred to national courts and arbitration. National courts may assume jurisdiction over international disputes and a global network of arbitration organizations and international institutions exist to address references to arbitration. The module examines the judicial and arbitration structures which exist to resolve international disputes, the special international law that has been developed and the associated questions of the private international law.
Module Directors: Dr George Leloudas and Dr Shuangge Wen
Following the succesful completion of the taught modules, students proceed to Part II, which is composed of two projects (LLM Research Projects). The LLM Research Projects will customarily be researched and written up over the summer period and is designed to enable LLM students to develop their research skills.