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- 11 Jul 2022
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Upon successful completion of this subject, the student should be able to:
- Explain the rationale underpinning domestic and international legal principles and framework to appreciate their use to resolve potential disputes occurring in the context of maritime and logistics industry
- Critically analyse and apply domestic and international maritime legal principles to suggest solutions to legal problems in maritime and logistics context
- Critically appraise and provide critique to existing maritime legal principles to suggest appropriate amendment or reform that ensures law and legal principles are keeping pace with maritime and logistics business practices
- Communicate legal thoughts relating to maritime legal issues and considerations in a clear, direct, and professional manner to demonstrate logical thoughts and step-by-step analysis
- Study schedule to be announced prior to the commencement of the study term.
You should not enrol in this subject if you have successfully completed any of the following subject(s) because they are considered academically equivalent:
- TAS-JNB520-Maritime Law (No longer available)
No additional requirements
This subject introduces you to concepts and principles of maritime law, with special emphasis on the carriage of goods by sea. However, we will also deal with other traditional aspects of maritime law - salvage, general average, maritime liens, admiralty jurisdiction, and marine insurance law. It must be borne in mind that we will deal with each topic in this subject in a very introductory nature while,in fact, maritime law cuts across many branches of law - being domestic or international, procedural or substantive and arguably no one can claim himself/herself to be an expert in all aspects of maritime law. Hence, for those without a good understanding of the law generally, you may find that you will have to put some extra time into this subject to make sense of it. Despite the challenging nature of the subject, it is beyond doubt that you will find what you study in this subject to be highly relevant to your future career in maritime and logistics.
This subject is divided into 12 modules of study. Module 1 provides an introduction to sources of maritime law in Australia and gives an overview of relevant concepts of national law (municipal law) and international law as they are pertinent to shipping. Continuing along the theme of public international law, Module 2 touches upon the international law of the sea.
Module 3-7 focus on the challenges of carriage of goods by sea and the question of the carrier's liabilities. These modules involve careful consideration of how the law allows for the efficient and regular international transportation of goods. Module 8 deals with traditional aspects of maritime law in the event of imminent danger at sea - salvage and general average. Practitioners, however, argue that the general average is declined in its importance due to the existence of the marine insurance system. Therefore, Module 9 deals with marine insurance law. Modules 10-11 deal with dispute settlements in the context of maritime cases with primary focus on the functions of the courts in admiralty jurisdiction and international maritime arbitration. Module 12 then introduces some legal aspects of disruptive technologies in maritime businesses.
- Examination - take home (40%)
- Online Quiz (10%)
- Discussion (25%)
- Case Study (25%)
Current study term: 10 Jul 22 to 16 Oct 22
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