WORLD MARITIME UNIVERSITY
POSTGRADUATE DIPLOMA IN INTERNATIONAL MARITIME LAW STUDY THE COMPLEXITIES OF INTERNATIONAL TRADE AND MARITIME LAW
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ABOUT THIS PROGRAMME THIS POSTGRADUATE DIPLOMA WILL HELP YOU TO: nderstand the principles of international trade and maritime law and U 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 a recognised qualification from an international university
PROGRAMME HIGHLIGHTS I found the course excellent for focusing my mind and providing a disciplined approach to issues
Delivered by experts in the field – Programme Leader: Dr. George Theocharidis Duration:
16 months Delivery:
Online Award:
Professional Postgraduate Diploma
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ABOUT THIS PROGRAMME CONTINUED KEY INFORMATION When does it start and how long is the programme?
The programme is 16 months long and the modules are released online, every six weeks. Please go online to see the next available start date.
What are the entry requirements? Entry Requirements for the PGDip Only The 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.
How is the programme assessed?
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.
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.
Entry Requirements for the PGDip continuing to the LLM The Admissions Board will consider applicants who meet the minimum entry requirements, which are: • A first degree in Law. Competence 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 above Cambridge Examinations: Proficiency (CPE) Students must include a copy of their examination results certificate with their application.
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WORLD MARITIME UNIVERSITY
WHO SHOULD TAKE THIS PROGRAMME? This course is of great relevance to those who wish to acquire expertise in international trade and maritime / shipping law.
WHAT YOU WILL LEARN
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 postgraduate study will develop your: cademic knowledge and awareness of international trade and a maritime law, i ncrease your understanding of how commercial trade ventures may give rise to legal issues
IDEAL FOR
tudents from a wide variety of commercial s shipping backgrounds, both legal and nonlegal, including existing lawyers; t hose engaged in the shipping and trading industries; trading brokers; shipping/chartering organisations; salvage organisations; P&I Clubs; insurance; t hose engaged in investment, finance and banking
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Group Bookings may qualify for a discounted enrolment fee. Click here to find out more.
HOW YOU WILL LEARN
This 16 month programme consists of an Introductory Module, 8 core modules and 4 Specialist Modules. The Introductory Module as well as the 8 core modules are 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: horoughly studying the written material provided, T Testing your understanding of the material by responding to the self-assessment questions in the text, Completing and submitting your assignments for assessment. Your core study material together with a series of short thought provoking questions through which you can assess your understanding of each module A self-assessment problem question which will help you to develop your skills of reasoning, argument and critical judgement. 3 seminars held in London, where the students will get to meet the module leaders. Final Written Exam in London or in local British Councils at the end of the Programme
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WORLD MARITIME UNIVERSITY
MESSAGE FROM THE PRESIDENT OF WORLD MARITIME UNIVERSITY
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 MalmÜ and campuses in China.
The course is not only educative and informative but actually it enhances your thinking, absorbing and interacting capabilities. Overall a very pleasurable experience
A wonderful course with well prepared course modules
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.
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WORLD MARITIME UNIVERSITY
SYLLABUS INTRODUCTORY MODULE
MODULE 1
An Introduction to the English legal system
International Trade Law: An Introduction to English Commercial Law and International Sales
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
Learning outcomes: On successfully completing this module, you will: U nderstand 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
It provides for a very broad overview of the international sale of goods and international carriage of goods
The main characteristics of English commercial law The contractual matrix in international trade The sale of goods on English law terms S tandard 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
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SYLLABUS CONTINUED MODULE 2
MODULE 3
Bills of Lading Contracts
Charterparty Contracts
Learning outcomes: Understand what is meant by a bill of lading and be able to identify the carrier on a bill of lading contract.
Learning outcomes: On successfully completing this module, you will:
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
u nderstand 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
Electronic bills of lading
Commercial control of the vessel
Bills of lading issued under charterparties
Exception clauses/limitation of liability/international conventions
The Hague and Hague-Visby Rules Application of the Hague-Visby Rules The Hamburg Rules The Rotterdam Rules
The problem of delay under time and voyage charters Hybrid charterparties The relationship between the charter, the bill of lading and other documents
IN-COMPANY TRAINING Distance learning, face-to-face workshops, webinars and blended delivery. Cut costs while improving performance ensuring a good return on your training investment is critical for all our clients and, whether delivered by distance learning or instructor led workshops, Lloyd’s Maritime Academy delivers the best training, at a competitive price and from a reliable partner. Lloyd’s Maritime Academy delivers all three and you can save up to 40% on your local, regional and global training investment. Many organisations have realised that Lloyd’s Maritime Academy’s programmes offer so much more than conventional training courses – whether it’s for graduate intakes, needs-led coaching, supervisor and management training or boot camps.
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WORLD MARITIME UNIVERSITY
SYLLABUS CONTINUED MODULE 4
MODULE 5
Marine Insurance Law
Admiralty Law and General Average
Learning outcomes: On successful completion of this module, students will be familiar with:
Learning outcomes: On successful completion of this module, students will be familiar with:
the role of marine insurance in international trade; h ow 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; t he 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
A fter successfully completing this module, you will understand: 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. 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
Everything about this course is interesting and the course delivers what the course sets out to deliver
C ollisions, collision regulations and the Collision Convention R ecovery 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
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SYLLABUS CONTINUED MODULE 6
MODULE 7 CONTINUED
Payment and Finance for International Trade
Brief description:
Brief description: Bills of exchange
Part A: Litigation, Arbitration and ADR Litigation in the Commercial Court and the Civil Procedural Rules
Collection arrangements and the Uniform Rules 1995
G eneral aspects of arbitration; arbitration and litigation compared
Letters of credit and the UPC 600
The Arbitration Act 1996 and English arbitration
Countertrade
Trade arbitration agreements
Bank guarantees and performance bonds
International arbitration
Other forms of mercantile finance
Conciliation Part B: Enforcement of Judgements and Awards Foreign judgements under the Civil Jurisdiction and Judgements Act 1982
MODULE 7
F oreign judgements outside the Civil Jurisdiction and Judgements Act 1982
Litigation, Arbitration and Mediation
Judgements of the European Court of Justice
Learning outcomes: On successful completion of this module, students will be familiar with:
T he New York Convention on Recognition and Enforcement of Foreign Arbitral Awards
t he 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;
Common law enforcement of foreign arbitral awards
T he Geneva Convention on the Execution of Foreign Arbitral Awards
the effect of arbitration clauses in contracts;
MODULE 8
the interrelationship between commercial litigation and arbitration;
Conflicts of Laws and Forum Shopping
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: 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
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WORLD MARITIME UNIVERSITY
SYLLABUS CONTINUED SPECIALIST MODULES
SPECIALIST MODULES CONTINUED
A - Ship Finance Law
C - European Union Competition Law in Shipping
Brief description: Commercial functions and concerns: meaning of terms Form of transactions – formalities and boilerplate
Brief description: Introduction to competition law
Pre drawdown
Introduction to EU law
Post drawdown
EU transport policy and shipping policy
Period of deterioration of relations
A n examination of the key provisions of EU competition law (i.e. Articles 81, 82, 86 and 87-89)
Enforcement of security Lender’s main concerns
B - Oil and Chemical Pollution Brief 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
R ole 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
Industry regimes - TOVALOP and CRISTAL
T he control of mergers under the EU Merger Regulation
Bunker oil pollution
Procedural issues
Hazardous and noxious substances - new convention Pollution and salvage Marine pollution and EU
D - The Four Pillars of Maritime Regulation Brief description: Presentation of the IMO and its mandate Overview of the ILO and its specificities
As a Master Mariner I recommend this course to all mariners and it was very helpful in developing knowledge
O rigins 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
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WHO WE ARE The 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.
WORLD MARITIME UNIVERSITY
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.
WHY TAKE A LLOYD’S MARITIME ACADEMY COURSE?
Accessible – 24/7 availability from wherever you have an internet connection
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where, when, how and the rate at which you study leading course directors and tutors
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N etwork – with tutors and
Save money – no additional travel or accommodation costs
like-minded professionals from around the world. Use our online tutorial forum to ask questions and share knowledge
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
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