MARL5110 - Maritime law: Safety, Competition and EU
Course content
The course consists of three parts, with a separate row of seminars covering each part.
Part one: Maritime safety consists of 7 two hour seminars, partly combined with excursions to entities involved in maritime safety, covering the following subjects:
- The international background: The UN Law of the Sea Convention
- The international perspective on safety: IMO and the central maritime conventions on safety (SOLAS, MARPOL)
- The safety management system: the ISM Code
- A national approach: The Norwegian Ship Safety and Security Act 2007
- Central players on the safety field: Governments, directorates, classification societies, shipowners, insurance companies, workers’ organizations
- Investigating marine accidents: The Accident Investigation Board
Part two: EU Maritime law and policy seminar consists of 5 two-hour seminars covering the following topics:
- The EU’s internal competences in the field of Transport and the historical background of EU involvement in Transport generally – the Common Transport Policy - maritime transport in particular;
- The EC’s external competence in this industrial sector, the European Economic Area (EEA) and Agreements with non-EU States;
- Maritime transport as the provision of a service and consider the measures adopted at EU level to ensure the freedom to provide maritime services is achieved (Removal of restrictions (Reg 4055/86) and ocean cargoes)
- Cabotage; and short-sea shipping
- Market access to port services and infrastructures & obligations imposed on port authorities on safety and on employment, training & living conditions of seafarers
Part three: EU Competition law and shipping consists of seminars (10 hours) giving (i) a general introduction to EU competition law and (ii) their applicability to shipping. In particular, the following topics will be covered:
- EU Antitrust law (Article 101 TFEU prohibiting anti-competitive agreements and Article 102 TFEU prohibiting abuses of dominant positions) and the European Commission’s enforcement power (Regulation 1/2003)
- EU Merger Control (Regulations 129/2004 and 802/2004)
- Competition analysis, including the definition of the relevant market in competition cases
- Application of EU competition laws (antitrust and merger control ) to shipping, including the block exemption for liner consortia (Regulation 906/2009)
- The European Commission’s Guidelines for Maritime Transport, including definition of the relevant market in shipping cases, information exchange between competitors and tramp shipping pools
- Global importance of antitrust rules to shipping
Learning outcome
Part one: Maritime safety
By the end of the course students should have obtained:
- A critical understanding of the central rules and principles that apply to safety on an international level
- A critical understanding of the cooperation between governments to strengthen the standard of safety through international cooperation world wide and on a regional basis
- A critical understanding of the relationship between international and national rules on maritime safety, and between different players in the field
- A critical understanding of the role of the classification societies
- A critical understanding of investigation of marine accidents internationally and nationally
Part two: EU Maritime law and policy
By the end of the course students should have obtained:
- A critical understanding of EU Maritime Law & Policy in its historical context;
- Knowledge of the EU Treaty Articles and secondary legislative measures relevant to the provision of maritime services;
- Understanding of the EU competences in the field of the provision of maritime services;
- Comprehension of the reasons for developing a EU Maritime Policy both within the EU and
- Understanding of the role of the European Court of Justice in interpreting EU law
Part three: EU Competition law and shipping
By the end of the course the students should have obtained:
- Critical understanding of EU antitrust rules and the European Commission’s enforcement power
- Critical understanding of the applicability of the EU antitrust rules to shipping
- Knowledge of EU Merger Control and its applicability to shipping
Admission
Id does not exist in shared textAdmission is only open for students enrolled in the L.L.M. Maritime Law (master's 1 1/2-years).
The examination in this course is not available for external candidates. Only students admitted to the course may sit for the examination.
Prerequisites
Formal prerequisite knowledge
Id does not exist in shared text No obligatory prerequisites beyond the minimum requirements for entrance to higher education in Norway.Teaching
Teaching will consist of 3 separate seminars. Each seminar will last one week. That is; all teaching for one seminar will be given within one intensive week of lectures.
Access to teaching
A student who has completed compulsory instruction and coursework and has had these approved, is not entitled to repeat that instruction and coursework. A student who has been admitted to a course, but who has not completed compulsory instruction and coursework or had these approved, is entitled to repeat that instruction and coursework, depending on available capacity.
Examination
The final grade consists of three essays; one essay for each seminar. The student need a pass on every essay to pass the whole course. Each essay should be of no more than 2000 words.
Examination support material
Id does not exist in shared textLanguage of examination
Id does not exist in shared textEnglish, both exam text and exam answer.
Grading scale
Grades are awarded on a pass/fail scale. Read more about the grading system.
Explanations and appeals
You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.
Resit an examination
You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.
Withdrawal from an examination
Id does not exist in shared textSpecial examination arrangements
If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.