world maritime university international maritime law

www.lloydsmaritimeacademy.com/ml [email protected] UK +44 (0)20 7017 4483

STUDY THE COMPLEXITIES OF INTERNATIONAL TRADE AND MARITIME LAW

INTERNATIONAL MARITIME LAWMASTER OF LAW /POSTGRADUATE DIPLOMA

WORLDMARITIME UNIVERSITY

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Understand the principles of international trade and maritime law and the overall commercial context in which those principles operate

Analyse practical problems raising legal issues

Learn how to apply the relevant law to problems that arise in practice

Be better equipped to negotiate a dispute settlement

Develop the capacity for independent study

Gain an advanced recognised qualification from an international university

Further enhance their career prospects

THE COURSE KEY AIMS ARE:

PROGRAMME HIGHLIGHTS

Award: Masters of Law (LL.M)/Postgraduate Diploma is awarded by World Maritime University (WMU)

Progression: Students may enrol for just the PGDip (60 credits), or straight away for the LLM (90 credits), subject to meeting university requirements.

Duration: 18 months

Delivery: Online

Delivered by experts in the field – Programme Leader: Professor. George Theocharidis LL.M. (Cantab), Dr.iur., LMAA (SuppMemb) World Maritime University


Group Bookings may qualify for a discounted

enrolment fee.

Click here to find out more.

ABOUT THIS PROGRAMMEWORLDMARITIME UNIVERSITY

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When does it start and how long is the programme?We offer one start date per academic year (September).

Postgraduate Diploma: 18 months

LLM: 12 months

Please visit www.lloydsmaritimeacademy.com/ml to see the next available start date.

What are the entry requirements?Entry Requirements for the PGDip OnlyThe Admissions Board will consider applicants who meet the minimum entry requirements, which are:• A first degree.• Or the highest grade Certificate of Competency for unrestricted

service as a master mariner or chief engineer.• Non-graduates with approved professional qualifications or who

have sufficient professional experience may also be considered.Competence in English is required, as evidenced by a standard, internationally acceptable examination of English.The normal definition of “sufficient professional experience” for all WMU PGDip programmes is defined as responsible, managerial experience over a period of at least five years’ duration.

Entry Requirements for the PGDip continuing to the LLMThe Admissions Board will consider applicants who meet the minimum entry requirements, which are:• A first degree in Law.• Successful completion of the Postgraduate Diploma in

International Maritime LawCompetence in English is required, as evidenced by a standard, internationally acceptable examination of English.

English language ability:All applicants to the University must offer an internationally recognised English language proficiency test. Acceptable tests include IELTS, TOEFL, Cambridge examinations and GCE/SCE O-levels in English language. Other tests may be accepted by the Admissions Board; applicants should check with the Registry in such cases.Candidates are assessed in accordance with the following general guidelines:Test of English as a Foreign Language (TOEFL): IBT: 80+, PBT: 550+International English Language Testing System (IELTS): band 6.0 or aboveCambridge Examinations: Proficiency (CPE)Students must include a copy of their examination results certificate with their application.

How is the programme assessed?Postgraduate Diploma: You will be assessed by various coursework components across all modules in a variety of formats. These could include short answer questions, case study reports, written reports, essays and online activities and contributions.

LLM: The programme consists of two modules:• Researching Business Law • Dissertation.


How much does it cost?Please go online to www.lloydsmaritimeacademy.com/ml and see the Fees page for full details. Please contact us for more details.


KEY INFORMATION

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Develop your academic knowledge and awareness of international trade and maritime law

Increase your understanding of how commercial trade ventures may give rise to legal issues

Provide a deeper expertise of a specific selected aspect of International Maritime Law

Further acquaintance of the interrelation between legal research and an understanding of the rationale and limitations of International Maritime Law

Offer the programme in a mode of study that accommodates students’ other commitments and career development.

English law is recognised internationally as a dominant legal system providing the basis for maritime and trade contracts, with London as the single most important forum for settling disputes, both through court litigation and arbitration.

This programme of study will:

WHAT YOU WILL LEARN

This course is of great relevance to those who wish to acquire expertise in international trade and maritime / shipping law.

Students from a wide variety of commercial shipping backgrounds, both legal and non-legal, including existing lawyers;

Students in the shipping and trading industries; trading brokers; shipping/chartering organisations; salvage organisations; P&I Clubs; insurance;

Students engaged in investment, finance and banking

HOW YOU WILL LEARNPostgraduate Diploma:

18 month programme with an Introductory module, 8 core modules and 4 specialist modules, all compulsory elements of the programme. There are five assignments and a final examination.

You will be guided to complete the study of a module every six weeks by:

LLM:

12 month programme delivered via online distance learning. You will study the Research in Business Law module and a Dissertation.

Studying the written material provided Completing and submitting your assignments for

assessment Using the core materials and assessments to

develop your skills of reasoning, argument and critical judgement

Self-assessments which will help you to develop your skills of reasoning, argument and critical judgement.

Seminars held in London, which will provide support throughout your studies and give you the opportunity to meet the module leaders and fellow students

Final Written Exam in London or in local British Councils at the end of the Programme

The Researching Business Law module prepares students for the rigors of successful dissertation writing by requiring students to prepare a literature review and a research proposal on a topic of International Maritime Law of their choice

Seminar held in London after the start of the Programme to guide the students in the aims of the Literature Review and the Research Proposal

Students are given written feedback on their performance in the literature review and research proposal, to appraise them of their progress towards preparing for the dissertation and attaining the standards demanded by the programme


Apply straight to LLM level and build up

your qualification by starting with PGDip

WHO IS THIS PROGRAMME FOR?WORLDMARITIME UNIVERSITY

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Dr. Cleopatra Doumbia-Henry, President, World Maritime University

As President of the World Maritime University (WMU), it gives me enormous pleasure and pride to present our Executive and Professional Development Programme. We have entered a very exciting period in the history of WMU as we have expanded our offerings to include oceans and energy goals of the UN 2030 Agenda for Sustainable Development and in particular Goals 7, 14 and 17. Goal 7 concerns access to affordable, reliable, sustainable and modern energy for all. Goal 14 deals with the conservation and sustainable use of the oceans, seas and maritime resources for sustainable development. Goal 17 deals with strengthening the means of implementation and revitalization of the global partnership for sustainable development.

WMU is the global center of excellence for postgraduate maritime education, research and capacity building. With the strength of its solid track record, it is well placed to offer Postgraduate Diploma programmes that meet the educational and capacity building needs of maritime and ocean constituents, including the relevant industry actors. We have, for instance, strengthened our partnership with Lloyd’s Maritime Academy to include Postgraduate Diplomas in Maritime Energy and in International Maritime Law. This builds on our existing joint programme on Marine Insurance, which has been running since 2005. We are also pleased to announce an LL.M. in International Maritime Law. These programmes are offered through distance learning and e-learning modalities, complementing our other academic programmes delivered at our headquarters in Malmö and campuses in China.

It is my hope that you will find our Postgraduate Diploma programmes and LL.M. relevant and responsive to your needs as well as that of the broader marine and ocean constituents. I am therefore inviting you to join one of our programmes as an investment well worth making. We have a commitment to the highest level of academic and professional standards.

The World Maritime University (WMU) was established in 1983 under the auspices of the International Maritime Organization (IMO), a specialized agency of the United Nations.

2www.lloydsmaritimeacademy.com/ml

[email protected] UK +44 (0)20 7017 4483

MESSAGE FROM THE PRESIDENT OF WORLD MARITIME UNIVERSITY


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MODULE 1International Trade Law: An Introduction to English Commercial Law and International Sales Learning outcomes:On successfully completing this module, you will: Understand the main “building blocks” of English

commercial law. Understand what is meant by an international control

of sale on shipment terms. Be familiar with the main contractual obligations in

international sale contracts. Understand the significance of different shipment terms. Have been introduced to the policy considerations

that affect judicial determination of international sales obligations.

Brief description: English commercial law: its origins and characteristics The main characteristics of English commercial law The contractual matrix in international trade The sale of goods on English law terms Standard form contracts and international

shipment terms CIF contracts FOB contracts Remedies Frustration of contract in international trade Force majeure and English law A newly developing doctrine of good faith

INTRODUCTORY MODULE An Introduction to the English legal system The nature of the common law An introduction to litigation Means of alternative dispute resolution Contract law in shipping and trade Bailment Tort liabilities in shipping The law of agency The role of international conventions European law and its impact on shipping


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MODULE 3Charterparty ContractsLearning outcomes:On successfully completing this module, you will: Understand the function of the charterparty in relation

to both the sale and carriage of goods; Understand the important link between the charter and

other transport documents, such as the bill of lading; Appreciate which type of charter is most suitable in

different commercial scenarios; and Have a good grasp of the relevant legal principles

governing charters

Brief description: Choosing the type of charter: factors to consider Express and implied obligations between owner and

charterer regarding voyage and time charterparties Risk and cost allocation between owner and charterer Commercial control of the vessel Exception clauses/limitation of liability/international

conventions The problem of delay under time and voyage charters Hybrid charterparties The relationship between the charter, the bill of lading

and other documents

MODULE 2Bills of Lading ContractsLearning outcomes: Understand what is meant by a bill of lading and be able

to identify the carrier on a bill of lading contract. Understand the difference between a bill of lading as

evidence of a contract of carriage and its actually being the contract of carriage.

Be aware of the different liabilities that may arise under a charterparty and under a bill of lading contract.

Be familiar with the international regimes applicable to carriage of goods by sea contracts and have a clear understanding for when the Hague-Visby Rules apply.

Brief description: Bills of lading

- Introduction - Functions - Presentation

Electronic bills of lading Bills of lading issued under charterparties The Hague and Hague-Visby Rules Application of the Hague-Visby Rules The Hamburg Rules The Rotterdam Rules

JOIN US ONLINE FOR EXCLUSIVE OFFERS AND UPDATES!


SYLLABUS CONTINUED

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MODULE 5Admiralty Law and General AverageLearning outcomes:On successful completion of this module, students will be familiar with: the nature of the action for the arrest of the vessel

and the jurisdiction of the Admiralty Court; the concept of salvage and the development of

salvage in relation to environmental concerns; when towage becomes salvage; how liability for collisions arises; when general average arises.

MODULE 4Marine Insurance LawLearning outcomes:On successful completion of this module, students will be familiar with: The role of marine insurance in international trade; How a contract of marine insurance is made and the

rights and duties of the parties to the contract; The various types of marine insurance policies; The relationship between general average and the

contract of marine insurance.

Brief description: The nature of the marine insurance contract Capacity to contract, good faith duties of the parties and

insurable interests The Marine Insurance Act 1906; warranties The Institute Cargo Clauses Types of policies and insured perils Coverage for General Average and Salvage P&I

MODULE 5 CONTINUED

MODULE 6Payment and Finance for International TradeBrief description: Bills of exchange Collection arrangements and the Uniform Rules 1995 Letters of credit and the UPC 600 Countertrade Bank guarantees and performance bonds Other forms of mercantile finance

Brief description:Part A: Salvage and Collisions The nature of salvage and elements required for a

salvage claim The Salvage Conventions 1989 LOF Salvors’ claims SCOPIC When towage becomes salvage Collisions, collision regulations and the Collision

Convention Recovery of loss collision damage and apportionment of

liability Admiralty Claims The jurisdiction and procedure of the Admiralty Court Procedures for arresting ships The Brussels Convention and the Arrest Convention Maritime liens Judicial sale of the ship Interlocutory remedies and the freezing order

Part B: General Average Common law rights to general average The York Antwerp Rules 1974 and 1994 Valuing losses and assessing contributory values Rights and remedies of the interests inter se


SYLLABUS CONTINUED



MODULE 7Litigation, Arbitration and MediationLearning outcomes:On successful completion of this module, students will be familiar with: The procedure for bringing claims in the Commercial

Court and the basic structure of a Commercial Court action;

The distinction between litigation and arbitration, and why parties arbitrate;

The effect of arbitration clauses in contracts; The interrelationship between commercial litigation

and arbitration; The impact of the Arbitration Act 1996; The essential differences between commercial

litigation and arbitration; The concept of mediation/conciliation and how it is

different from litigation/arbitration; and The methods of enforcing foreign judgments and

arbitration awards.

Brief description:Part A: Litigation, Arbitration and ADR Litigation in the Commercial Court and the Civil

Procedural Rules General aspects of arbitration; arbitration and

litigation compared The Arbitration Act 1996 and English arbitration Trade arbitration agreements International arbitration Conciliation

MODULE 7 CONTINUED

Part B: Enforcement of Judgements and Awards Foreign judgements under the Civil Jurisdiction and

Judgements Act 1982 Foreign judgements outside the Civil Jurisdiction and

Judgements Act 1982 Judgements of the European Court of Justice Common law enforcement of foreign arbitral awards The New York Convention on Recognition and

Enforcement of Foreign Arbitral Awards The Geneva Convention on the Execution of Foreign

Arbitral Awards

MODULE 8Conflicts of Laws and Forum ShoppingBrief description: The nature and scope of conflict of laws Jurisdiction of the courts at common law Forum non conveniens Anti-suit injunctions Jurisdiction of the courts under the Brussels Regulation Anti-suit injunctions in the context of the Brussels Regulation The Rome I Regulation and the applicable law to

govern contracts Insurance contracts and the Rome I Regulation

SYLLABUS CONTINUED




A - Ship Finance LawBrief description: Commercial functions and concerns: meaning

of terms Form of transactions – formalities and boilerplate Pre drawdown Post drawdown Period of deterioration of relations Enforcement of security Lender’s main concerns

B - Oil and Chemical PollutionBrief description: Oil and chemical pollution from ships Introduction - sources of marine pollution Legal intervention - objectives National law - UK and USA International regime - oil pollution prevention International regime - compensation for oil pollution State rights of intervention Industry regimes - TOVALOP and CRISTAL Bunker oil pollution Hazardous and noxious substances - new convention Pollution and salvage Marine pollution and EU

SPECIALIST MODULES C - European Union Competition Law in ShippingBrief description: Introduction to competition law Introduction to EU law EU transport policy and shipping policy An examination of the key provisions of EU

competition law (i.e. Articles 81, 82, 86 and 87-89) Role of community institutions in EU competition law

and shipping EU competition rules and shipping Council Regulation (EEC) 4056/86 Anti-competitive arrangements Abuse of dominance State aid State authorities Liner conferences Consortia Ports The control of mergers under the EU Merger

Regulation Procedural issues

D - The Four Pillars of Maritime RegulationBrief description: Presentation of the IMO and its mandate Overview of the ILO and its specificities Origins and content of the four pillars: SOLAS /

MARPOL / STCW and MLC 2006 SOLAS Chapter IX on ISM Code MARPOL Annex VI, Chapter 4 on Energy Efficiency STCW Chapter VIII on Standards regarding

Watchkeeping MLC 2006, title S compliance and enforcement Compliance monitoring and enforcement principles


SYLLABUS CONTINUED

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SYLLABUS CONTINUED

Researching Business LawThis module provides an introduction to legal research and the writing of legally researched papers. Research in law requires an understanding of the interrelationship between theory, method and research design, practical skills and particular methods, the knowledge base of the subject and methodological foundations. The module is the base for the development of this understanding and these skills, and will enable you to show the aims, objectives, scope, rationale and design features of your dissertation. Assessment consists of a detailed literature review and a research proposal. These two assessments thoroughly prepare, and lead, you towards Module 2, the research based dissertation component of the LL.M. programme.

DissertationThe dissertation is your chance to focus on an area of maritime law of personal interest and explore it in depth. It gives you the opportunity to undertake a major, extended piece of research with the aim of improving the understanding of a topic. Your final work will be 15,000 to 30,000 words and you will receive the necessary guidance and support throughout the dissertation writing process from the Programme Leader and a Supervisor, who will be appointed for that purpose.

MODULE 1

MODULE 2

THE LL.M. STRUCTURE:


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Accessible – 24/7 availability from wherever you have an internet connection

Flexible – take control of where, when, how and the rate at which you study

Professional – industry leading module leaders and tutors

Quality – study the same course used by corporations for internal training

Network – with tutors and like-minded professionals from around the world. Use our online tutorial forum to ask questions and share knowledge

Save money – no additional travel or accommodation costs

WHY TAKE A LLOYD’S MARITIME ACADEMY COURSE?

ABOUT LLOYD’S MARITIME ACADEMY

Lloyd’s Maritime Academy was born from Lloyd’s List.

Lloyd’s Maritime Academy is the trusted brand for professional development,

working with leading academic and industry bodies to provide professional development and accredited education and training where it is much needed.

We are stepping up investment in new learning management platforms, improved content and learner resources to enhance your experience and ensure maximum reward for the investment you make in your future.

We continue to research new topics to provide you with the knowledge and expertise needed for a successful career; supporting a safer, cleaner and more efficient shipping industry for decades to come.

We look forward to welcoming you onto one of our programmes.www.lloydsmaritimeacademy.com

WHO WE AREThe World Maritime University (WMU) in Malmö, Sweden is a postgraduate maritime university founded in 1983 by the International Maritime Organization (IMO), a specialised agency of the United Nations.

The aim of WMU is to further enhance the objectives and goals of IMO and IMO Member States through education, research, and capacity building on maritime and ocean-related affairs to ensure safe, secure, and efficient shipping on clean oceans.

It operates on the basis of a Charter adopted by the IMO Assembly, and is accountable to the IMO Secretary-General, Council and Assembly, and to an international Board of Governors composed of representatives of some 50 different governmental, industry, labour and educational bodies.

WMU is truly an organisation by and for the international maritime community.




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