units

LAW5116

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2011

Synopsis

UNCLOS III - Freedom of Navigation; Right of Transit issues - Admiralty - Introduction to basic principles - International Carriage of Goods; Insurance; Liability - Ship Registration; Flags of Convenience - MARPOL; the London Convention - Port-State Authority - legal regimes (both classical and new) - Maritime Labor regulation - IMO; ILO - Maritime Environmental management - ship-based pollution; exotic species; GMO - International Maritime Public Order - piracy; drug trafficking; illegal transit of human cargoes ("people smuggling")

Objectives

Students who successfully complete this unit should have acquired technical proficiency and academic fluency in each of the four specialised sub-units making up this course. These are:

  1. the institutionalised public regime of International maritime management, including UNCLOS III, Freedom of Passage, the International maritime Organisation (IMO), Ship Registration, Flags of Convenience, and the international jurisdictions of Courts of Admiralty;
  2. Maritime environmental management regimes (MARPOL; the London Convention); dumping, ship-based Pollution, Tanker collisions and spills, ballast and exotic species;
  3. International Maritime Labor regulation (ILO; IMO); Port State Authority (both classic and new regimes), safety of ship construction and transport (eg collision);
  4. issues of International maritime Public Order, including Piracy, Slavery, Human Cargoes ("people smuggling"), drug trafficking, and the management of "the Maritime commons". Students should be able to analyse all of these concepts critically and be able to identify and resolve legal problems arising in all of the categories described. Most importantly, students should obtain a detailed appreciation of the embededness of International maritime management within the inclusive regimes of the Public Order of the Sea.

Assessment

Group-based preliminary negotiation session related to selected scenario - 10%; group-based final negotiation session for selected scenario - 20%; group report setting out negotiating strategy, tactics etc and any relevant pre-negotiation information - 10%; and take home assignment undertaken individually: 60%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102