MARL5110 - Maritime law: Safety, Competition and EU

Schedule, syllabus and examination date

Choose semester

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

By completing the course the student will have obtained essential knowledge and understanding of how the shipping industry is regulated through public law means concerning aspects of safety at sea as well as those relating to competition between market players. Both a national (Norwegian) as well as an EU perspective is adopted.
 

Part one: Maritime safety

Knowledge

At the completion of the course the students will have:

  • Good knowledge of the central rules and principles that apply to safety of the seas at an international level
  • Good knowledge of the role of classification societies and their quality assessment of ships
  • Knowledge about the cooperation between governments to strengthen the standard of safety at sea through international cooperation world-wide and on a regional basis.
  • Understanding of the relationship between international and national rules on maritime safety, and between different players in the maritime field
  • Knowledge about how marine accidents are investigated internationally and nationally (Norway).

Skills

At the completion of the course the students will be able to:

  • Analyse and apply general principles of law regulating safety at sea
  • Analyse the main concepts regarding maritime safety in main international conventions.
     

Part two: EU maritime law and policy

Knowledge

At the completion of the course the students will have:

  • Good knowledge of EU Maritime Law & Policy in its historical context.
  • Good knowledge of the EU Treaty articles and secondary legislative measures relevant to  maritime services.
  • Good understanding of the EU competences in the field of maritime services;
  • Understanding of the reasons for developing a EU Maritime Policy within the EU
  • Knowledge of the role of the European Court of Justice in interpreting EU law

Skills

At the completion of the course the students will be able to:

  • Analyse and apply general principles of law regulating transport at sea in the EU
  • Analyse the main concepts regarding EU’s legal framework related to the field of transport at sea.

 

Part three: EU Competition law and shipping

Knowledge

At the completion of the course the students will have:

  • Knowledge of EU antitrust rules and the European Commission’s enforcement power
  • Good understanding of the applicability of the EU antitrust rules to shipping
  • Knowledge of EU Merger Control and its applicability to shipping

Skills

At the completion of the course the students will be able to:

  • Analyse and apply general principles of competition law
  • Analyse the main concepts regarding competition law, including prohibition against abuse of market power
  • Undertake legal comparative analyses
     

General abilities for part one, two and three:

At the completion of the course the students will:

  • Be able to identify, discuss and solve legal issues by adopting a critical approach to the legal sources in public maritime law.
  • Be able to perform relevant legal work in law firms, insurance companies, shipping companies or public administration relating to safety at sea, EU transport law and EU competition law related to shipping.
  • Understand the most common legal problems within the field of safety at sea, EU transport law and EU competition law related to shipping.
  • Possess the theoretical and methodological tools required to analyze the topics in accordance with legal scientific methods.

 

Admission

Admission is only open for students enrolled in the L.L.M. Maritime Law (master's 1 1/2-years).

Prerequisites

Formal prerequisite knowledge

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.

Language of examination

The examination text is given in English, and you submit your response in English.

Grading scale

Grades are awarded on a pass/fail scale. Read more about the grading system.

Explanations and appeals

Resit an examination

Withdrawal from an examination

It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.

There are special rules for resitting a passed examination in the master's programme in Law.

Special examination arrangements

Application form, deadline and requirements for special examination arrangements.

Facts about this course

Credits

10

Level

Master

Teaching

Every autumn

Examination

Every autumn

Teaching language

English