NAB2019 Maritime legislation

Contents and structure

The subject "Maritime legislation" is a special branch in Maritime Law, focusing on national and international requirements concerning ships safety and ship security. Central themes are:

- The Law of the Sea, includning which wessels are obliged and where.

- The company, masteres and others persons working on board duties in relation to ship safety and security and safety management.

- Legal requirements concerning technical and operational safety, including certificates.

- Including rules concerning safe navigation, manning and watchkeeping.

- Legal requirements concerning working environment and personal safety.

- Legal requirements concerning polution and environmental safety.

- Legal requirements concerning ship security in relation to terrorism, piracy, cyberthreats etc.

- Control and supervisjon with ship safety and security, including Port State Control in accordance with the Paris MoU and EU-directives.

- Legal sanctions and criminal liability.

A theme throughout the subject is how international rules and regulations are implemented into national law. Central international instruments and conventions are: UNCLOS, SOLAS, COLREG, MLC, MARPOL, ISM-Code, ISPS-Code, Paris MoU etc.

The central norwegian legislation is the Ship Safety and Security Act of 2007.

The content and applications of the rules and regulations will during the course be illustrated with case-studies, such as: Helge Ingstad (2018), Bourbon Dolphin (2007), Sleipner (1999) etc.

While the subject Maritime legislation focus on public maritime law concerning ship safety and security and the Ship Safety and Security Act of 2007, the subject Maritime Law focus on private maritime law such as the company's responsibilities towards other private actors, tort law and liability for damage to goods, collisions etc, the law of transport of goods, and the investigation of accidents at sea in relation to the Maritime Act of 1994.

Learning Outcome

Knowledge:

The student

- has broad knowledge about central themes, the legal framework and legel method within maritime legislation, including:

- Ship Safety and Security Act and secondary legislation, central international conventions from IMO, ILO and the EU, such as SOLAS, STCW, MARPOL, MLC, ISM-code and ISPS-code, Paris MoU etc.

- understands how the international legal framework has been transformed to norwegian law.

- knows how to update his or her knowledge on maritim legislation.

- has knowledge about the development of maritim legislation and its place in maritime law and seafaring.

Skills:

The student

-   can find, apply and refer to maritime legislation and subject material, and present this and solve legal problems in accordance with legal method.

- possess ability to interpret regulations and apply them on current issues.

- interprets and understands provisions of law.

- has the ability to apply the content of such provisions on specific issues in accordance with legal method.

- is familiar to certificates and documents to be on board - in accordance with norwegian law and international conventions - and sees how the certificates in question are obtained and their period of validity.

- is able to reflect over professional conduct and adjust the conduct under guidance.

 

General Qualifications:

The student

- is able to comprehend theoretical knowledge to actual situations.

- is able to relate to the international rule of maritime law indifferent of being onboard a ship, on land or as a representative of authorities.

Entry requirements

None

Recommended previous knowledge

None

Teaching methods

Lectures, self studies, discussions.

Compulsory learning activities

One written assignments, that must be passed in order to take the final exam. 

Assessment

Home exam, two days.

Examination support material

All aids.

More about examination support material