MASTER OF LAWS: LLM, MARITIME LAW BROAD OUTLINE OF THE COURSEWORK STRUCTURED MASTER S PROGRAMME

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1 MASTER OF LAWS: LLM, MARITIME LAW BROAD OUTLINE OF THE COURSEWORK STRUCTURED MASTER S PROGRAMME GENERAL INFORMATION & STRUCTURE OF THE LLM DEGREE The University of Kwa-Zulu Natal, School of Law is running a Master of Laws, Maritime Law programme (LLM, Maritime Law). CONTEXT OF THE COURSE: The syllabus for the LLM, Maritime Law programme is designed for students who wish to specialize in the Maritime Law. Through this programme and the modules offered under it, students will be exposed to greater depths of admiralty legal knowledge. This knowledge is intended to give students the tools to engage in this specialist field and enable them to practice as maritime lawyers or be part of the port system where they may work as trained and skilled maritime lawyers with, port industry role players and other contributors to the commercial/legal trading community. The structure and design of the LLM, Maritime Law is designed to be internationally competitive as it covers the appropriate international nature of maritime practice. Students who have been through this course will not only acquire knowledge of maritime law principles, but will also becomes familiar with the procedural aspects of the admiralty courts, and develop an understanding in some depth of the commercial and economic aspects of shipping. Finally students will have a greater understanding of shipping practices and their international nature and be able to participate meaningfully in the maritime industry. In order to better understand the economic aspects of the program, students may supplement their legal knowledge with other maritime transport economics courses. CREDIT POINTS: The Programme consists of a total of 192 Credits divided into: 1

2 50 % coursework and 50% research MASTER OF LAWS: MARITIME LAW MODULES The coursework starts with the modules relating to carriage of goods by sea and marine insurance as the basis for international maritime trade and most commercial activities and disputes related to these. The modules will be divided into semester 1 and semester 2 modules. Further, students may take the module International Trade Law as an option under the LLM, Maritime Law Module in the place of Incidents of Navigation. SEMESTER ONE: MODULE 1: CARRIAGE OF GOODS BY SEA This module will include but is not limited to the seminar topics listed below: CARRIAGE OF GOODS BY SEA PART I: BILLS OF LADING WHEN ISSUED AND THEIR BASIC NATURE, TRANSMISSION OF RIGHTS UNDER BILLS OF LADING OBLIGATIONS OF THE CARRIER COMMON CLAUSES IN BILLS OF LADING THE HAGUE AND THE HAGUE VISBY RULES DEFENCES TO MARITIME CLAIMS PACKAGE LIMITATION TONNAGE LIMITATION INCOTERMS CARRIAGE OF GOODS BY SEA PART II: CHARTERPARTIES GENERALLY TIME CHARTERS VOYAGE CHARTERS BAREBOAT OR DEMISE CHARTERS OBLIGATIONS OF THE OWNER OBLIGATIONS OF THE CHARTERER COMMON ISSUES ARISING OUT OF CHARTERPARTIES LAW TO BE APPLIED TO CHARTERPATY DISPUTES 2

3 MODULE 2: MARINE INSURANCE HISTORY AND SOURCES ENGLISH MARINE INSURANCE ACT OF 1906 OBLIGATIONS OF THE INSURED ACTUAL AND CONSTRUCTIVE LOSSES PRINCIPLES AND TYPES OF POLICIES INSTITUTE CLAUSES APPLICATION OF THE SOUTH AFRICAN STATUTES GOVERNING INSURANCE TO MARINE INSURANCE POLICIES P&I INSURANCE SEMESTER 2: MODULE 3: ADMIRALTY LAW AND JURISDICTION THE HISTORY OF ADMIRALTY LAW THE ADMIRALTY JURISDICTION REGULATION ACT 105 of 1983 MARITIME CLAIMS THE LAW TO BE APPLIED IN MARITIME DISPUTES ACTIONS IN REM AND ACTIONS IN PERSONAM SECURITY ARRESTS ASSOCIATED SHIPS MARITIME LIENS MORTGAGES SALE OF SHIPS PRIORITIES MODULE 4: INCIDENTS OF NAVIGATION TUG & TOW NATIONAL PORTS ACT 12 of 2006 WRECK & SALVAGE POLLUTION CLAIMS MARITIME PIRACY EXAMS & RESEARCH PAPER (DISSERTATION): 3

4 Upon completion of each of the modules, students will be required to write an examination. A single research paper (dissertation) of about words will also be submitted by students after the completion of all four modules. It is expected that students will decide for themselves during the course of the modules which topics they wish to investigate. The dissertation is essential to the research-based nature of the Maritime Law discipline. Further, it is necessary for students undertaking studies at Masters level to develop and demonstrate their research skills. STRUCTURE OF THE COURSE: PROGRAMME INDUCTION In order to introduce the entire Maritime Law LLM Programme, a full week of shipping seminars will be held to familiarize students with the broad context of maritime law and maritime commerce. These seminars will be offered by industry role players including economists, lawyers, representatives of the port authorities and master mariners. The programme will cover the following range of topics: 1. The economic importance of the sea transport industry: a global and South African overview. 2. The background of Maritime Law and its international character. 3. A harbour tour and related seminars, guided by representatives of the port and master mariners, to highlight the layout, infrastructure and operations of a modern multi-purpose seaport such as Durban. 4. Introduction of stakeholders and other dramatis personae of the shipping industry, such as practising maritime attorneys and members of the insurance fraternity. ENTRANCE REQUIREMENTS Students who have obtained a minimum of 60% for the LLB degree may apply for places in the LLM, Maritime Law Programme. COURSE CO-ORDINATORS/INSTRUCTORS/TEACHERS AND EXTERNAL INDUSTRY PERSONNEL 4

5 The LLM Programme in the Maritime Law and Maritime Studies cluster is led by Professor Trevor Jones. Key colleagues in the Maritime Law Programme include Justice Malcolm Wallis, Mr Vishal Surbun and Dr FP Ndlovu. Visiting national and international Professors and industry guest lecturers will also participate in the programme. Summary: Internal Institute Staff: Institute Staff: Professor Trevor Jones (Academic Coordinator) Office: Maritime Law UKZN Justice Malcolm Wallis Office: Faculty Office Suite Tel: Dr Portia Ndlovu Office: Suite G (Programme coordinator) Tel: Ndlovuf1@ukzn.ac.za Mr. Vishal Surbun Office: Suite H Tel: Surbun@ukzn.ac.za SEMINAR VENUES, TIMES AND DURATION The first-semester courses will be taught on Tuesday and Thursday evenings from 17:15 19:15 (2 hour seminars). Venues will be SRA and SRB respectively, Howard College Campus, Law Building. SUMMARY SEMESTER STRUCTURE FIRST SEMESTER: MODULE 1: MODULE 2: CARRIAGE OF GOODS BY SEA MARINE INSURANCE SECOND SEMESTER: MODULE 3: MODULE 4: ADMIRALTY LAW INCIDENTS OF NAVIGATION 5

6 All the Modules of the LLM, Master of Laws Programme will be carefully drafted and aligned with the University s module template and course outlines. 6