Maritime law
Course content
Training module 1. Basics of the Law of the Sea and Maritime Law
On completing this module you will have an understanding of: the fundamental key concepts of the International and Maritime law, the scope and function of Maritime law, it’s basic sources.
The concepts underlying the application of the “Law of the sea”; “Maritime Law”, “Shipping Law” and “Admiralty law” will be examine.
Training module 2. Basics of the Law of the Sea and Maritime Law (II)
Space limits and legal status of maritime areas and the seabed.
The concepts of «internal waters» and «territorial sea». The boundaries of the territorial sea and the methods of establishing baselines. Special economic interests. The legal regime of internal waters and the territorial sea.
Types of passes vessels (ships) through the territorial sea of a foreign State.
Concept and legal regime of adjacent areas. Archipelagic waters and exclusive economic zone.
Legal regime of international straits and channels, used for international navigation.
The legal regime of the seabed.
The practice of delimitation of maritime areas and the continental shelf.
High seas.
The legal regime of the Polar spaces.
The international legal status of offshore facilities. International legal content of the concept of «sea-going ship» and the rules applicable to merchant ships and government ships operated for commercial purposes and for non-commercial purposes.
The international legal status of the artificial installations and structures, other equipment, located on the sea and the seabed.
The legal status of sunken objects.
Training module 3. Legal regulations of safety at sea and salvage operations
Basic issues of ensuring the safety of shipping and other forms of exploitation of maritime spaces.
International legal requirements for the construction and equipment of ships.
International legal bases of the organization to ensure the safety of navigation.
Crew training requirements.
International Regulations for Preventing Collisions at Sea.
Establishing a system of separation of vessel traffic in areas of heavy traffic.
General Average.
Port safety.
Pilot law.
Collisions and Limitation of Liability
Salvage. Concept and legal framework, including the bodies involved. “No cure, No pay”
Documentation, including Lloyd’s Open Form (LOF)
Towage
International rules of communication. Global Maritime Distress and Safety System (GMDSS).
Crimes at sea.
The activities of international organizations on maritime security.
Legal regulation of protection and preservation of the marine environment.
Training module 4. MARITIME LAW
The concept of «Maritime law” and the characteristics of the main legal sources. Simplification of the formalities in realization of international maritime commercial shipping.
The legal status of the marine vessel operated in commercial purposes.
Vessel, as an object of property. The exercise of jurisdiction: claims in person and claims in rem.
Maritime claims and maritime liens.
Vessel arrest.
Practice of the ships arrests. Conflicts of claims and priorities.
Sister ship arrest.
Relevant international instruments (1952 Brussels Convention, 1999 Arrest Convention, etc.)
Relevant EU Regulations (EU Regulation 44/2001, ‘Rome I’ and ‘Rome II’ Regulations).
The legal status of the ship’s crew.
Legal status of vessel captain and his responsibilities arising from the requirements of international law aimed at ensuring the safety of navigation.
Training module 5. Legal regulations of transportation of goods and passengers
The content of the main contractual sources, governing the international maritime cargo transportation.
The main shipping market indicators. Elements of the “linear” and “tramp” shipping.
Review of existing regulations: the Hague-Visby Rules; the Rotterdam Rules and the Hamburg Rules (key provisions).
Overview of applicable documents in international goods turnover.
The contractual frameworks with existing regulations based on :
– Bills of lading;
-charters (Voyage charters, time charters, demise charters, bareboat charters).
Modal transportation of goods.
Standardised documentation fundamentals, including BIMCO standard contracts.
Features of the Arctic commercial navigation (the Northern Sea Route, the Northwest Passage).
REGULATION OF PASSENGERS TRANSPORTATION BY SEA.
Marine Sea tourism and the legal regulation of the use of “pleasure craft”.
Training module 6. Marine Insurance
Key concepts, principles, and mechanisms in marine insurance law and practice. Marine insurance
Basics, including the international and London marine insurance markets, marine insurance practitioners, overview of the English Marine Insurance Act, 1906 and current reforms.
Basic types of marine insurance (e.g. voyage, time, cargo, hull, etc.) and related standard contracts.
Principle of utmost good faith
Insurance case and Insurable interest
Subrogation
Warranties
Extraneous risks
Key issues which generate rights and duties for the underwriter and the assured.
The framework of relevant statutory provisions under English-American and Russian law( or other country picked by the students).
Training module 7. Russian maritime law
General characteristic of the Russian maritime legislation.
The legal regime of Russian maritime spaces and the continental shelf.
The legal regime of internal waters.
Organizational and legal bases of management in the field of merchant shipping.
The legal status of the crew.
Legal basis for sea port activities.
Port State Control.
Pilotage.
Contractual relationship arising from the use of maritime transport (contracts on cargo and passengers transportation by sea, charter contract; towing contract; a contract of marine insurance; a contract of marine brokerage and agency services.
Maritime Liens and Mortgages.
Arrest of the vessel.
Russian maritime and river registers.
Training module 8. Dispute Resolution, Arbitration and Alternative Dispute Resolution (ADR) Techniques including Commercial Mediation.
The differences between traditional litigation and out-of-court dispute resolution and compare and contrast dispute resolution techniques
Arbitration, including its legal framework and the way it is conducted in practice under the English system.
Alternative Dispute Resolution (ADR) in general and under English law
The advantages and disadvantages of each method of alternative dispute resolution.
International Court of Justice.
Commercial arbitration.
UN International Tribunal for the Law of the Sea.
