Professional Documents
Culture Documents
F01 (C)
Issue No.05 Rev. No 6 Dated: Jan 2, 2019
COURSE PLAN
Approved By
______________________ _______________________
HOD Dean
A. OBJECTIVES:
1. Description: A study of any subject mandates the comprehension of the contours of its
ratione materie. Therefore, it is important to delineate the content and subject matter of
subject, especially if it is being offered as electives, so that students could make an informed
choice of the subject they are choosing to learn. Now the question arises what is maritime
law? First and foremost, Maritime Law has a synonym in Admiralty Law, i.e. these two terns
have been used interchangeably. It is also called as Shipping Law. Black’s Law Dictionary
defines Maritime Law as, “Law governing sea or seaport bound actions conducted and
commerce transacted defines maritime law. Registration, license and inspection procedures
for ships and shipping and contracts, insurance and carriage of goods and passengers are
included.” This definition pretty much sums up the course contents and construction of
detailed course module.
2. Why Maritime Law: International Maritime Organization provides that over 90% of world
trade is carried and transacted by sea. The data speaks for itself as to how acute is maritime
law for world economy. Thus, maritime transport forms the backbone of international
economy and trade as it plays important role in alleviation of extreme poverty and hunger.
Nevertheless, 90 percent of world trade and economy is not easy to govern and regulate
given the complex nature of world order based on nation states. In Indian context the
significance and importance of Maritime Law is increased manifold. India is a peninsula, i.e. it
surrounded by the seas and oceans from three sides. The length of Indian Coastline is 7516.6
km of which mainland is coastline is 5422.6km and island territories are 2094 km long. Area
of Indian Continental shelf is s 3,72,424 square kilometer. Territorial sea (up to 12 nautical
miles) is 1,93,834 square kilometer. India has Exclusive Economic Zone of 2.02x106 million
square kilometer. There are nine coastal states and two Union Territories (UTs), which can be
termed as maritime states and UTs. The quintessential geographical location of India and
importance of maritime trade and economy is sufficient to establish the significance of
maritime law for law students in India, also for engineers. There are two layers that
constitute the regulation and governance of maritime law one is municipal and another is
transnational. The
3. Objective: The course would aim to inform students about the various participants and
subject matter of maritime law. The major participant of maritime law is ship and the goods
that it carries to various destinations. The transaction therefore starts from building ship
1. Define and explain the fundamentals of maritime law, viz, rationae materie and rationae
persone.
2. Identify various statutes governing the various transactions in maritime trade and
commerce.
3. Identify and solve common legal problems related to shipping, understand public policy,
geopolitics, interface between maritime law, labour law & environmental law.
4. Decide on relevant laws applicable to a dispute involving a ship-owner and or carrier and
solve practical cases of a maritime nature
B. COURSE OUTLINE
C.PEDAGOGY
Students would be encouraged to look a holistic view of law and would be discouraged to
treat it in silos. Interrelation of the topic with other subjects, which are relevant to maritime
law, would be the USP of the pedagogy. Pedagogy would be participative in nature and never
a monologue. Cognitive learning would be supplemented by motivating students through
means that keep his interest in the subject intact and is sustainable.
Focus will be on those students who are facing lack of interest, motivation or any other
inexplicable reasons
(Student counseling, mentoring and individual/group projects/ assignments, exercises using Solver
and excel etc.)
Case laws
Group Projects (may include practical assignments)
Chalk and talk
Recap of every topic in next class: Student would discuss what did they learn
Random Questioning
Discussion of the statutory provisions to an impromptu and hypothetical facts
Case Analysis
Critical analysis (shashtrath model) of case laws and statutory provisions
Internal Assessment: Marks 100 (shall be done based on the following 4 components):
Four components will be used for internal assessment for this course (Total 100 marks),
the details of each component is as follows:
a) Every student shall submit hand written assignment before the date mentioned in
the schedule below.
Students are also required to make a group presentation on the topic on a scheduled date
(would be communicated in the class). The duration of a group presentation will be 15-20
minutes; followed by 5-10 minutes discussion/query session.
c) Subject Grand Viva (At least 6 questions from each student) the questions should be
covered from the entire syllabus as taught in the class.
d) Attendance ( As per the defined and specified parameters)
Formula for attendance marks:
67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks
Mid- Sem examination shall be of one hour duration based on multiple choice question
based system conducted on black board.(paper less).
End-Sem examination shall be of three hours duration. The examination paper shall have
4 Sections
Section A-Objective type / Short Answer type memory based general questions (2 to 5
questions) -10 marks.
Section B-Short answer type Conceptual questions (2 to 5 questions) -20 marks.
Section C-Analytical & Comparative questions (2 to 4 questions) -20 marks.
Section D-Application based Case study (2 to 5 questions) -50 marks.
Passing Criteria
School Of Law Jan-May,2019
If the batch size is upto 30, Grading shall be done on the basis of absolute grading
system • If the batch size is more than 30, the grading will be done based on Relative
Grading System
Both in Absolute and Relative Grading System passing criteria will be:
• For UG-Students: Scoring less than 35 absolute marks in individual course either in
end semester examination or as composite score shall be awarded as ‘F’
• For UG & PG: Students scoring 85 marks and above as composite score (IA+MS+ES)
shall be awarded as the highest grade as ‘O’ i.e., Outstanding (on 10 point Scale) and ‘A’
i.e., Outstanding (on 4 point Scale)
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with
less than said percentage shall NOT be allowed to appear in the end semester examination.
Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as iPhone /Laptops) are not permitted in classes
during Tests or the Mid/Final Examination. Such devices MUST be turned off in the class
room.
E-Mail, CELCAT &Blackboard: Each student in the class should have an e-mail id and a
pass word to access the blackboard / CELCAT system regularly. Regularly, important
information – Date of conducting class tests, guest lectures, syndicate sessions etc. to
the class will be transmitted via e-mail/ blackboard. The best way to arrange meetings
with us or ask specific questions is by email and prior appointment. All the assignments
preferably should be uploaded on blackboard. Various research papers/reference
material will be mailed/uploaded on blackboard time to time.
3. Module 2: Maritime
Law- Indian legal Whiteboard
system (Indian Examples
Maritime Jurisdiction and Admiralty Law in India,
Constitution and
Merchant Shipping
Samreshwar Mahanty, Discussion
Universal Law, pp.152-169 Presentation
Act)
Maritime Law and Reflections
Shipbuilding, Sale, Finance and Registration, by Filipo
Constitution of
Lorenzon and Ainhoa Campas Velasco, in (ed Yuvone
India
Baatz) Maritime law ( available
On Google Books)
Cases: Dimitrios Paizis v. M.V., AIR
1983 Bom 178 r
23- Rights and Chester B. McLaughlin jr. The Evolution of the Whiteboard
24 Obligations of the Ocean Bill of Lading, Yale Law Journal, Examples
parties under Bills of vol.35, 1926
Discussion
Lading and different pp. 548-570 (Jstor)
Rules Arthur L. Shipman, The Maritime Presentation
Lien, Yale Law Journal, vol. 2, 1892 Reflections
Pp.9-18,
31- Standard of Care Cases: Priya Blue Industries Ltd. v. New India Whiteboard
32 Lay time and Assurance Co, National Consumer Dispute Examples
Demurage Redressal, 19 May 2005
Discussion
m/S Ravichandran Transports v. United Insurance
Company (2000) IIMLJ Presentation
318 Reflections
New India Assurance Company v
M/S Hira Lal Ramesh Chand,
13 June, 2008
34- Hague Rules relating Cases: Constitution of the Marine Safety Whiteboard
35 to Bills of Lading, Committee of the Inter-Governmental Examples
1924; Hague Visby Maritime Consultative Organization
Discussion
Rules, Protocol of ;Advisory opinion 1960 Rep 150
1968 to the Linchestien v Guatemala. 1955 ICJ Report Presentation
International 4 (Nottebohm case) Reflections
Convention for the
Unification of Certain G.P. Pamborides, Powers and
rules responsibilities of the Flag State,
Hamburg rules (UN International Shipping Law: Legislation
G. SUGGESTED READINGS:
Shipping Law, by Siumon Baughen, 6th edition, Routledge,
Law of Carriage (Air, Land & Sea), Avtar sSingh, 5th Edition, Eastern Book Company
S. Beecher, ‘Can the Electronic Bill of Lading Go Paperless?’, The International Lawyer Vol. 40,
No. 3 (FALL 2006), pp. 627-647 (21 pages)
McChensey, ‘Marine Insurance and the Substantive Admiralty Law: A Comment on the
Wilburn Boat Company Case’, Michigan Law Review Vol. 57, No. 4 (Feb., 1959), pp. 555-576
(22 pages)
E.R. Hardy, ‘Exceptions Clauses and the Liability for Demurrage’, The Modern Law Review Vol.
23, No. 4 (Jul., 1960), pp. 437-440 (4 pages)
R.P. Anand, ‘Maritime Practice in South-East Asia until 1600 A. D. and the Modern Law of the
Sea’, The International and Comparative Law QuarterlyVol. 30, No. 2 (Apr., 1981), pp. 440-
454 (15 pages)
Michael J. Daly, Louis R. Koerner Jr., Anne L. Kulesa, Joseph F. Kulesa and Laurie Sands,
‘Recent Development in Maritime and Admiralty Law’, Tort Trial & Insurance Practice Law
Journal Vol. 45, No. 2 (WINTER 2010), pp. 119-147 (29 pages)
A.K. Bansal, ‘The Four Pillars of International Maritime Law and Bills of Lading’ Journal of the
Indian Law Institute Vol. 48, No. 4 (October-December 2006), pp. 527-539 (13 pages)
Union of India v. Compania Naviera Aeolus S.A.’ [1960] 1 W.L.R. 297; [1960] 1 All E.R. 753.
Saxon Ship Co. Ltd. v. Union S.S. Co. Ltds (1898) 4 Com.Cas. 29
3. Hypothetical case
PROJECT TOPICS
1. Sources of Indian Maritime Law
2. Arresting a ship under Indian law
3. Admiralty jurisdiction in India
4. Law Relating to Ownership & Registration of Ships in India
5. Maritime Claims
6. Maritime Claims: Limitations
7. Law relating to Salvage in India
8. General Average
9. Bill of Lading under Indian law
10. Judicial interpretation of Hague-Visby Rules
11. Case Comment: Shipping Corporation of India Ltd v Gamlen Chemical Co (A/Asia)
Pty Limited (1980) 147 CLR 142
12. Maritime liens under Indian law
13. Maritime mortgage under Indian law
14. Maritime Collisions & remedies under Indian law
15. Principles of Marine Insurance under Indian law
16. Maritime Lien under Indian law
17. International Maritime Arbitration
18. Wreck Removal in Indian coastal waters
19. Law Relating to Towage in India
20. The Law relating to Pilotage in India
21. Law Relating to safety of Ships under Indian law
22. Case Comment: CV Sheepvaartonderneming Ankergracht v Stemcor (Asia) Pty
Limited 160 FCR 342
G: 6 WEB SOURCES:
Jstor
http://www.imo.org/en/Pages/Default.aspx
http://dgshipping.gov.in/Content/MerchantShippingAct.aspx
https://www.icj-cij.org/en/case/18
H. INSTRUCTIONS
a) Students are expected to read the concerned session’s contents in advance before coming to
the class.
b) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their views
and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared
to appear for the viva and strictly appear on given time, otherwise, he/she will lose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
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Annexure-I
ASSIGNMENT – NUMBER
FOR
Subject Name
LLBD 311
NAME: _______________________
SAP NO: _______________________
ROLL NO -------------------------------------
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.
Annexure-II
GUIDELINES FOR PROJECT WORK
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterization
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with others.
6. A certificate to the effect that the project work carried out by the student independently
or in collaboration with other student(s) endorsed by the student shall form the part of
the submission for evaluation.
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software
will necessarily be as per the standards prescribed by the university. If the report is
below standards the supervisor will reject the project and award zero marks.