Maritime Law

Unit 1

1. International Law of the Sea · i. Introduction to the Law of the Sea - Sources of Law of the Sea ii. Law of the sea in India · 2. Maritime Zones · i. Territorial sea ii. Navigation-innocent passage iii. Zones- Contiguous Zone, Continental shelf and · Exclusive Economic Zone- Rights and duties of coastal States. · iv. International Seabed · 3. Maritime spaces beyond National jurisdiction · i. High seas ii. Flag State Jurisdiction-Piracy-Hot pursuit iii. Common heritage of mankind-Exploration and exploitation of resources. · iv. Marine Pollution

• The Law of the Sea: (Law of Sea Convention, 1982)
• Maritime Zones
• Concept of Common Heritage of Mankind‖ Relating to the Resources of International Sea-bed Area

Unit 2 — Law relating to Shipping

a. Ships- Nature, Registration, Ownership.-Merchant · Shipping Act, 1958 (as amended from time to time) · i. Juristic Personality of Ship ii. Registration of Indian Ships- Procedure of registration- · Certificate of registry- Transfer of ships- National character and flag iii. Certificates of Officers iv. Seamen and apprentices · b. International Maritime Organization (IMO)- Organization, · Structure- IMO Convention · c. Director General Shipping- Role in implementation of · Shipping Law in India.

Unit 3 — Maritime Jurisdiction and Admiralty Law

1. Definition of Admiralty Jurisdiction- development of admiralty jurisdiction in India. · 2. Maritime Claims- Maritime Liens-Mortgage Claims- · Salvage claims. · 3. Procedure for Enforcement of Admiralty jurisdiction · 4. Admiralty jurisdiction in personam · 5. Ship arrest - arrest of vessel in rem-immunity of · Government Ships.

• Action in Rem: Admiralty Jurisdiction in India

Unit 4 — Law Relating to Carriage of Goods by Sea

1. General aspects of Carriage of Goods by Sea. · 2. Multimodal Transportation of Goods · 3. Bill of Lading and its functions · 4. Charterparty- Types of Charterparties- various clauses and their interpretations · 5. Hague Visby and Hamburg Rules

Unit 5 — Law Relating to Marine Insurance

1. Insurable interest and subject matter of maritime insurance. · 2. Principles of law applicable to Marine insurance contract. · 3. Different types of Marine insurance policies- warranties and conditions in marine insurance · 4. Peril of the sea · 5. Types of losses- Settlement of claims

• Marine Insurance: Nature and Scope — Classification of Marine policies — The salient features of the Marine Insurance Act, 1963, Insurable interest, Insurable value, Seaworthiness, Hull and Cargo Insurance
• Marine Insurance policy, Conditions and express Warranties, Voyage Deviation, Perils of sea, Loss — Kinds of Loss of ship and of freight

Unit 6 — Maritime Safety and Maritime Arbitration

1. Safety regulations under the Merchant Shipping Act and the International Convention. · 2. Rules for the safety of Shipping under the Indian Ports Act · 3. Arbitration proceedings- conduct, rules and award- arbitration clause for Maritime Arbitration.