LAWCOMM 428 : Maritime Law

Law

2023 Semester One (1233) (15 POINTS)

Course Prescription

An introduction to shipping law, including an overview of the contracts commonly used for maritime activity; charterparty contracts for the use of ships; contracts for the carriage of goods with a focus on bills of lading; New Zealand domestic legislation relevant to maritime activity; marine insurance; admiralty jurisdiction and the practice of Admiralty law; collision between vessels; the law of salvage, general average and towage.

Course Overview

The aim of this course is to provide an introduction to the various concepts, laws and practices which are quite unique in this area. Maritime law has developed out of the extensive nature of world trade. It has a very practical function to assist with maritime activity, so the course will focus on how the law is applied in a wide range of commercial trade and international contexts.
The law of contract forms the basis for a significant amount of the important principles in applications of maritime law, and so the course will have a strong focus on the law of contract. We will also include a study of a major maritime casualty, which will bring together a large number of the topics that were covered throughout the semester, so that these can all be applied and considered in a major situation which could well occur in our own New Zealand territorial waters.
The course will also explore the unique jurisdiction of the Admiralty Court and why that remains relevant to today’s commercial maritime activity.

Course Requirements

Prerequisite: LAW 211, 231, 241 Restriction: LAW 459

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and analyse the legal and practical implications of maritime law. (Capability 1.1, 1.2, 1.3, 2.1, 2.3 and 4.1)
  2. Critically apply legislation and caselaw to relevant maritime law issues. (Capability 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1 and 6.3)
  3. Articulate concepts in maritime law clearly and coherently. (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1, 5.2 and 6.3)
  4. Develop innovative, original and intellectual challenging arguments in maritime law. (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.3, 4.1, 4.2, 5.1, 5.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Early Assessment 10% Individual Coursework
Assignment 20% Individual Coursework
Final Exam 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Early Assessment
Assignment
Final Exam

Workload Expectations

This is a standard 15-point course taught over 12 weeks of semester. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Campus experience. Attendance is expected at scheduled lectures. Lectures will be available as recordings. At each lecture, there will be an opportunity to discuss any problem or questions on the topic of the lecture, which will not be recorded. Attendance on campus is required for the examination.

The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Course materials will be progressively made available in a learning and collaboration tool called Canvas and will be handed out at the commencement of the respective lectures. A list of textbooks and resources held in the University Law Library will be provided and discussed in the first lecture of the semester. By way of preliminary reading, students may like to review the recommended text on New Zealand maritime law, Martin Bevan, Maritime Law in New Zealand (2016). Laws of New Zealand Maritime and Admiralty Law is also a very useful resource and has been updated and may also be a useful preliminary read.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student feedback has been considered in planning of this semester's course. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 04/11/2022 08:08 a.m.