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International Perspectives on Maritime Law

Dalian Maritime University (4-27 April 2012)

Intensive Course Presented by Rohan Price, Lecturer and Research Fellow,

University of Tasmania

Arrive DMU: Monday 2 April 2012

Topic 1 Wed 4 April

Registration of Ships ��� �����

Duration: 3 hours

Coverage: Characteristics of a ship – constitutional powers used to regulate shipping in Australia – requirements, formalities and consequences of registration – registration, certificates and passes – a ship’s nationality abroad (law aboard national ship and use of national colours) – proposals for reform of registration process

Topic 2 Fri 6 April

Property, Ownership and Title of Ships ��� �����

Duration: 3 Hours

Coverage: Personal property in ships – rules of ownership – owners and co-owners – equitable interests – registration and title – caveatable interests – methods of acquiring property in ships – transferring property in ships – transmission of property

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Topic 3 Wed 11 April

Charges, Mortgages and Maritime Liens Over Ships � � �����

Duration: 3 hours

Coverage: Classifying charges over ships – priority in charges – maritime liens (characteristics; proceedings in rem) – property capable of attracting lien and claims supporting and not supporting same – salvage reward – maritime lien for wages – Priority in maritime liens – possessory liens and bottomry – types of mortgage of ships – registered mortgages and effect of registration – rights duties and liabilities of mortgagors and mortgagees

Topic 4 Fri 13 April

Carriage of Goods by Sea: Bills of Lading, Sea Way Bills and Contracts of Affreightment ��� ������� ����

Duration: 3 Hours (2 hour lecture; 1 hour tutorial)

Introduction to bills of lading, voyage charterparties and contracts of affreightment – function of a bill of lading – sea way bills, straight bills of lading and electronic carriage documents – Hague Rules, Hague Visby Rules and Hamburg Rules – choice of law and choice of forum – sea carriage documents – carrier’s obligations and immunities – limitation of carrier liability (tutorial question)

Topic 5 Wed 18 April

Carriage of Goods by Sea ��� ������� ���������

Duration: 3 hours (2 hours lectures; 1 hour tutorial)

Time Limitations (suit, delivery and tackle to tackle) – shipper’s obligations – contracts of carriage on chartered ships – negotiable bill of lading as a document of title – who is the carrier? (tutorial question)

Topic 6 Friday 20 April

Voyage and Time Charterparties � � �!�"�

Duration: 3 hours (2 hours lectures and 1 hour tutorial)

Single voyage contracts, arbitration, choice of law and formation of contract – the loading voyage, time of arrival and readiness for loading – the loading operation – laytime – demurrage and dispatch – the carrying voyage – seaworthiness, losses and expenditures – freight

Time charterparties – formation of contract – cargo capacity – seaworthiness under Hague and Hague Visby (tutorial question)– delivery – duration – hire – employment of ship and responsibility for cargo

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Topic 7 Wed 25 April

Marine Insurance �#� ��$%&

Duration: 3 hours (2 hours lectures and 1 hour tutorial)

Risk and marine insurance legislation – parties to the contract – formation of contract (material non-disclosure and misprespentation) – scope of peril and risk – proximate cause (tutorial question) – loss – measure of indemnity -- warranties – utmost good faith

Topic 8 Friday 27 April

Salvage and Wreck�'� ���()*+,��

International Convention on Salvage 1989 – requirement of danger – salvage services – characteristics of a salvor – authority required for commencement – quantum and liability to pay salvage reward

Object of law of wrecks – meaning of ‘wreck’ – title to unclaimed wreck – preservation of historic shipwrecks

Depart DMU: Saturday 28 April