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Regulations and Law in Sureying & Technical

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Module E - Maritime Governance, Codes and Conventions
  • Background and responsibilities of major regulatory bodies in the maritime industry
    • International Maritime Organization (IMO): regional presence, Maritime Safety Committee
    • United Nations (UN)
    • International Labour Organization (ILO)
    • Other organisations including NATO, EU and major national bodies

  • Processes in the introduction of conventions
    • Development
    • Ratification
    • Amendments
    • Implementation
    • Enforcement

  • Duties of flag states and port states
  • Maritime territories and zones: definitions and governance
    • UNCLOS
    • Internal waters, territorial seas, archipelagic waters
    • Straits
    • Contiguous zone
    • Exclusive economic zone
    • The area
    • High seas
    • Continental shelf

  • Need for harmonisation and uniformity
  • Liability and compensation
    • Convention on Limitation of Liability for Marine Claims

  • Dispute settlement: main courts/ tribunals and their jurisdiction
    Module F - The Function, Scope and Context of Maritime Law
    • Purpose, scope and persons concerned
      • Difference from international law of the sea; the use of the concepts ‘Shipping Law’ and ‘Admiralty Law’
      • Concept of ‘Ship’, including selected elements on property, registration and mortgages
      • Context concerned from the standpoint of maritime practitioners (ship owners, charterers, ship agents, shippers, consignees, shipbrokers, etc.)
    • Developments in national jurisdictions
      • English law/common law (basics, including the principle of judicial precedent; court hierarchy; statutory interpretation)
      • Civil or continental law system: key features
      • Other legal systems: the paradigm of the USA’s maritime law
    • Maritime law and the international standard setting process, notably including the role of the United Nations and the International Maritime Organization (IMO)
      • IMO maritime conventions (the four pillars of international shipping legislation)
      • The United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980)
    • Contract law: the basics (English law)
      • The meaning of ‘contract’; offer, acceptance, and other elements of a legally binding contract
      • Property and risk
      • Defects and discharge
    • Additional basic legal concepts
      • Tort
      • Remedies
      • Liability
    • Examples of contracts
      • Ship building and repair contracts
      • Ship sale and purchase contracts
      Module G - Carriage of Goods by Sea, Charterparties, Bills of Lading and Applicable Instruments
      • Introduction to carriage of goods by sea
        • Concept and legal framework, elements on ‘tramps’ and liner shipping
        • Standardised documentation fundamentals, including BIMCO standard contracts
        • Ship vetting
      • Voyage charters, time charters, bareboat charters
        • Key concepts, analysis, case law and case studies

      • Bills of lading
        • Function, key features, types
        • Analysis, case law and case studies
      • Overview of applicable regulations
      • The Hague Rules (key concepts and case law)
      • The Hague-Visby Rules (key concepts, case law and analysis)
      • The Hamburg Rules (key concepts and case law)
      • The Rotterdam Rules (key concepts and case law)
        Module H - Introducing Maritime Safety Management and the International Safety Management (ISM) Code
        • Historical context of maritime safety
        • Background and development of the ISM Code
          • Where did the ISM come from?
          • Maturity of the system
          • The ISM Code within maritime legislation
          • International Convention for Safety of Life at Sea (SOLAS) Capter IX
        • Regulatory frameworks
          • Overview of relevant rules, regulations, codes, guidelines and standards
        • Regulatory bodies
          • The International Maritime Organization (IMO)
          • Flag States
          • Classification societies
          • Other industry bodies
        • Legal and insurance issues
        • Human factors in maritime safety
          Module I - The Aims, Structures and Content of the ISM Code
          • Terminology
          • The ISM Code in full
            • Preamble
            • Part A – Implementation
            • Part B – Certification and verification
          • Certificates
            • Document of Compliance (DOC)
            • Safety Management Certificate (SMC)
          • The road from starting to full term certification
          • Potential problems and possible solutions
          • Living with the ISM Code
            • Philosophy of the Code (proactive vs. reactive)
            Module J - Development of Ships, Regulations, Ship Manning and Port Operations
            • Ship operations
              • The four broad segments of the cargo shipping industry
              • Types of charters
              • Shipbroking
            • The history of the development of ship types
            • Ship characteristics
              • Dimensions
              • Seaworthiness and cargoworthiness
            • Ship manning
            • Management on board
            • International regulations and conventions
              • Who makes the rules and how are they enforced?
            • Introduction to ports and terminals
              • Role of ports
              • Types of port facility
              • Harbour authorities and operators
              • Port agency
              • Cargo operations
              Module K - Ship Finance - Financing, Purchasing and Trading of Ships
              • The financial decision
              • General principles of financing ships
              • Borrower structures
              • Senior debt
              • Capital markets
              • Securitisation
              • Mezzanine finance
              • Project financing
              • Leasing
              • ECA financing
              • Hedging
                Module L - Registration and Classification, Ship Operations, Revenue and Costs
                • Ship registration
                  • Open registries
                • Ship classification
                • Third-party ship management
                • Sale and purchase markets
                • Demolition market
                • Charter markets
                • Ship operation
                  • Crewing and training
                  • ISM Code
                  • Bunkering
                  • Maintenance and repair
                • Trading
                  • INCOTERMS
                  • Financial aspects of trade
                  • Forward freight agreements
                  • Laytime and demurrage
                  • Post fixture work
                • Ship revenues and expenses
                  Module M - Maritime and Commercial Law, the Carriage of Goods by Sea and Liability
                  • Fundamentals of law: the legal system
                    • Common law
                    • Equity
                    • Civil law
                    • Common law and statute
                    • Criminal law
                    • Tort
                    • Arbitration
                  • Fundamentals of law: law of contract
                    • Offer and acceptance
                    • Consideration
                    • Intention to create legal relations
                  • Maritime law: origins
                    • English maritime law
                    • Admiralty maritime law
                    • Maritime liens
                  • Aspects of maritime law
                    • Acquisition and ownership of ships
                    • Registration of ships
                    • Maritime safety and security
                  • International institutions and legislation
                  • Commercial shipping law
                    • Contracts in international trade
                    • Contracts of affreightment
                    • Carriage of goods by sea and documentation
                    • The bill of lading
                  • International regulations
                    • Hague Rules
                    • Hague-Visby Rules
                    • Hamburg Rules
                    • Rotterdam Rules
                    Module N - Marine and Cargo Insurance, P&I Clubs and the Insurance Market
                    • Origins
                      • The need to spread the risk
                      • General average
                    • Legal background
                      • Maritime law
                      • Cargo vs hull
                      • Utmost good faith
                      • Disclosure and warranties
                    • Hull and Machinery insurance
                      • Premiums and claims
                      • Insured perils
                      • Exclusions
                      • Port risks
                    • Protection and indemnity insurance (P&I)
                    • Cargo insurance
                      • Insurance certificates
                      • Clauses and exclusions
                      • Cargo claims
                    • The marine insurance market
                      Surveying & Technical: Industry Overview
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