The Institute of Maritime Law was founded in 1982 to give focus to an existing interest in maritime and international trade law. These subjects had been an important feature of law at Southampton for some ten years. The Institute is now composed of nine members and has a dedicated staff and an established international reputation. Demand for the Institute and its members comes from around the world.

Written by a team of experts at Institute of Maritime Law, this book covers the key areas of maritime law in a concise and accessible format suitable for anyone new to the area.

Introduction

1. Conflicts of Law - Yvonne Baatz Applicable Law
o The law applicable to contractual obligations - The Rome Convention

• Which court has jurisdiction to determine an international dispute?
  o Council Regulation (EC) No 44/2001
  o Common Law rules - forum non conveniens
• Arbitration - whether there is a valid arbitration clause - The Nerano etc. Mention of LMAA Rules but no discussion of procedure.

2. Charterparties - Yvonne Baatz Fixing a Charterparty: Brokers

• General Principles applicable to both time and voyage charterparties
  o Seaworthiness
  o Safe ports
  o Deviation
• Time Charterparties
  o Council Regulation (EC) No 44/2001
• Voyage Charterparties
  o Freight
  o Laytime and Demurrage

3. Bills of Lading and Cargo Claims - Charles Debattista
o The functions of the Bill of Lading

• Which court has jurisdiction to determine an international dispute?
  o Period of Charterparty
  o Cargo claims under the Hague-Visby Rules

4. International Trade and Shipping Documents - Filippo Lorenzon CIF and FOB Sales
o Sale of Goods
o Sale of Documents
o Letters of Credit: Their Structure and Shipping Documents under the new UCP 600

• Shipping Documents in International Trade

5. Carriage of Passengers - Richard Shaw Athens Convention

• EC Package Directives

6. The Liabilities of the Vessel - Mikis Tsimplis and Richard Shaw Pilotage - Mikis Tsimplis

• Harbour and Ancillary Services - Richard Shaw
• Salvage - Mikis Tsimplis
• Collision - Richard Shaw
• Towage - Mikis Tsimplis
• Limitation of Liability - Mikis Tsimplis
• Wreck removal - Richard Shaw

7. International Regulations for Ship Operators, their Verification and Enforcement - Richard Pilley and Filippo Lorenzon Richard Pilley

• SOLAS
• ISM Code and the STCW Convention 1995
• ISPS Code and the Maritime Labour Convention
• Port State Control
• Filippo Lorenzon
• EMSA
• EC Directive on Classification Societies

8. Marine Pollution - Mikis Tsimplis

• 1. Environmental conventions affecting shipping
  o Framework Conventions
  o UNCLOS provisions
  o Coastal State rights for environmental protection and navigation
  o Intervention rights on foreign vessels
• 2. Prevention of pollution from shipping operations
  o 2.1 Operational discharges at sea
  o 2.2. Emissions
• 3. Liability for marine pollution
  o 3.1 Oil Pollution including bunkers
  o 3.2 Hazardous and Noxious Substances
  o 3.3 Carriage of Wastes
  o 3.4 Radioactive transports and nuclear ships
• 4. Ship destruction
  o 4.1 recycling of ships
  o 4.2 ship dumping
  o 4.3 ships as artificial reefs
• 5. Open questions in Marine pollution

9. Public International Law Aspects of Shipping Regulation - Andrew Serdy

• 1. Brief introduction to sources of international law (treaty, custom) tailored to this topic.
• 2. Maritime zones relevant to shipping: traditional division into territorial sea (and internal waters) and high seas; new zones (archipelagic waters, contiguous zone, EEZ) in so far as germane.
• 3. Closer examination of access to ports in international law.
• 4. Closer examination of innocent passage in the territorial sea, possibly (depending on the imminent (?) outcome) including the Intertanko litigation on the European ship-source pollution directive criminalizing “serious negligence”.
• 5. Closer examination of high seas issues - nationality of ships, exclusive jurisdiction of the flag State and exceptions thereto.
• The IMO - what it is, how it works and how conventions are negotiated under its aegis
• UNCLOS Article 292 prompt release procedure for detained ships.

10. Marine Insurance and Reinsurance - Rob Merkin, Johanna Hjalmarsson, Richard Pilley and Richard Shaw

• General Principles
• Hull and Machinery Insurance
• Cargo Insurance
• Collision - Richard Shaw
• General Average - Richard Shaw
• P & I Clubs - Richard Pilley
  o The Third Parties (Rights Against Insurers Act 1930) - The Fanti and the Padre Island - Johanna Hjalmarsson
  o Letter of Undertaking - Johanna Hjalmarsson

11. Procedures for enforcement - Mikis Tsimplis and Richard Shaw Admiralty jurisdiction

• Security - Arrest and freezing orders
• Judicial sale
• Maritime Liens

12. European Union Competition Law in the Maritime Sector - Andrea Lista Competition Law in the Maritime Sector