International Maritime Law

This subject is not offered in 2016.

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

There are no formal prerequisites for this subject, but candidates are expected to have a sound understanding of the principles of contract and of tort.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

The subject will examine three major areas of law:

• Bills of lading
• Charter parties
• Marine insurance, including protection and indemnity associations.

The Australian legislative framework for maritime law, including State and Federal legislation and international conventions, will be reviewed. Particular reference will be made to current issues, including the Hague-Visby and Hamburg Rules. Attention will also be given to oil pollution liens, salvage and collision.

A candidate who has successfully completed the subject should:

• Have a basic knowledge of the legislative framework affecting maritime law at both State and Federal levels
• Have an awareness of the relevant clauses in a bill of lading and their implications to the carriage of goods by sea
• Understand the operation and effect of the Hague-Visby and Hamburg Rules in relation to shipments of cargo from and to Australia
• Be familiar with the main provisions of the Marine Insurance Act and relevant decisions on the subject
• Understand the nature and operation of time and voyage charter parties
• Be conversant with the relevant legislation affecting oil pollution.

• Take-home examination (100%)
  
  or
  
• Take-home examination (50%)
  and
• Research paper 5,000 words (50%) (topic approved by the subject coordinator)
  
  or
  
• Research paper 10,000 words (100%) (topic approved by the subject coordinator)

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.