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Course profile

International Admiralty and Maritime Law (LAWS7865)

Study period
Sem 2 2024
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 2, 2024 (22/07/2024 - 18/11/2024)
Study level
Postgraduate Coursework
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

The international shipping industry is the life blood of the global economy responsible for the carriage of around 90% of world trade. This course examines the international regulation of ships from registration and flag state regulation to port state control and the enforcement of admiralty actions. These include a broad range of maritime legal issues, such as liabilities arising from incidents such as collisions at sea, salvage, wreck and marine pollution liability. All these areas of maritime law are covered by International Conventions, adopted for the most part through the International Maritime Organisation (IMO). As such, this course will suite both Australian and overseas students, and while some aspects of Australian domestic law are considered, the fundamental principles underpinning that law is transferable to almost any jurisdiction in the world. This is particularly so when covering the enforcement of maritime claims which address maritime liens, in rem actions and arrest of ships. For a comprehensive coverage of international maritime law, this course should be taken together with LAWS7876 International Maritime Trade Law.

Over 90% of Australian trade is transported by sea and the law governing the ships that facilitate this trade is of great commercial importance. International Admiralty and Maritime Law concerns issues such as the ownership and flagging of ships, salvage and wreck law, and liabilities arising from incidents such as collisions at sea and marine pollution. It also covers the enforcement of maritime claims, including arrest of ships, jurisdiction, and securities, such as maritime liens.ᅠ

International Admiralty and Maritime Law is a blend of general principles of contract and tort law, specialised maritime laws arising out of the ancient law merchant, international conventions, customary international law and domestic (both Commonwealth and State) law. Consideration is therefore also given to jurisdictional issues, including an introduction to the international maritime zones and a more detailed consideration of the jurisdictional competencies of flag and port States.

The international nature of shipping, and the international legal structure underpinning it, means that shipping law throughout the world is similar and skills acquired in one jurisdiction are readily transferable to another. The course is therefore of particular interest to students who wish to pursue an international career in either the private or government sectors or in international trade.

Course requirements

Restrictions

LLM(#16), LLM(#24), MICLaw Quota: Minimum of 12 enrolments

Course contact

Course staff

Lecturer

Timetable

The timetable for this course is available on the UQ Public Timetable.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

Maritime Law aims to give you a thorough knowledge and understanding of the main principles of law that apply to maritime claims and liabilities and their enforcement.ᅠᅠIt also aims to provide you with experience in dealing with legal principles of an international and national character derived from a range of legal instruments, including international conventions, customary international law, internationally used standard form contracts, domestic (both Commonwealth and State) legislation and case law.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

understand and critically evaluate the fundamental principles underpinning maritime law;

LO2.

understand and critically evaluate some of the major components of maritime law and dispute resolution in maritime law;

LO3.

understand and critically evaluate the main principles governing the enforcement of liabilities arising from maritime claims; and

LO4.

demonstrate an ability to apply critical reasoning and independent research and judgement in an area of maritime law.

Assessment

Assessment summary

Category Assessment task Weight Due date
Paper/ Report/ Annotation Short Answer Take Home assessment
  • Online
40%

30/09/2024 2:00 pm

Essay/ Critique Complex Problem Take Home Assessment
  • Online
60%

4/11/2024 2:00 pm

Assessment details

Short Answer Take Home assessment

  • Online
Mode
Written
Category
Paper/ Report/ Annotation
Weight
40%
Due date

30/09/2024 2:00 pm

Learning outcomes
L01, L02, L03, L04

Task description

The Short Answer Take Home Assessment will require short (one or two paragraphs) to questions that cover the substantive course content.

The completed assessment must be no longer than 3,000 words, excluding footnotes (where footnotes consist of nothing more than the citation of primary or secondary resources). Explanatory text in the footnotes may be counted in the total word count.

Where material exceeds the prescribed word length the excess material will be ignored for assessment purposes.

Students must not collaborate nor discuss the assessment with others, including by sharing notes with or showing drafts to other students.

This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.

A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.

To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.

Submission guidelines

Assessment must be submitted as a word doc using the Turnitin link under the assessment tab.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Complex Problem Take Home Assessment

  • Online
Mode
Written
Category
Essay/ Critique
Weight
60%
Due date

4/11/2024 2:00 pm

Learning outcomes
L01, L02, L03, L04

Task description

Take Home Assessment covering the course content. Further details will be provided during the course.

This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.

A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.

To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.

Submission guidelines

Assessment must be submitted as a word doc using the Turnitin link under the assessment tab.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Multiple weeks

From Week 1 To Week 9
(22 Jul - 22 Sep)

Seminar

Seminars

There will be eight 3-hour seminars that cover the following topics:

  • Introduction to Shipping and Maritime Law in Australia
  • Ship Registration and Ownership
  • Maritime Safety and Collisions
  • Pilotage
  • Towage
  • Salvage
  • Wreck
  • Marine Pollution from Ships
  • Passenger Liability
  • Limitation of Liability
  • Admiralty Jurisdiction and Practice 

Further details will be provided in the Course Learning Guide available on the Course Blackboard site.

Learning outcomes: L01, L02, L03, L04

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: