Syllabus/achievement requirements

Reading list – Syllabus

Part I, Maritime safety – Responsible teacher: Henrik Ringbom, Professor II, NIFS

Reading material for this seminar is to be found in Canvas.

 

I. International Conventions and other international instruments

  • 1. UN Convention on the Law of the Sea (UNCLOS) Arts. 1-60, 76-120 and 192-237
  • 2. MARPOL 73/78 Preamble (arts 1-20)/Protocol 78 (arts I-V)
  • 3. MARPOL 73/78 Annex I, Regulation for the prevention of Pollution by Oil
  • 4. International Safety Management (ISM) Code 2002
  • 5. SOLAS, Regulations 1-20
  • 6. Directive 2005/35 on ship-source pollution and on the introduction of penalties for infringements, OJ 2005 L 255/11
  • 7. Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009

 

II. Domestic legislation

 

  • 1. Norwegian Ship Safety Act 2007

 

III. Literature

  • 1. A. Chircop, Regulatory Challenges for International Arctic Navigation and Shipping in an Evolving Governance Environment, CMI Yearbook 2013, pp 408-427.
  • 2. H.Honka, Essays in Honour of Hugo Tiberg, Professor of Maritime Law, Questions on maritime safety and liability, especially in view of the Estonia disaster, Juristförlaget, 1996, pp. 351-382.
  • 3. J. Kraska & R. Pedrozo, International Maritime Security Law, Chapter 12. Securing the Marine Transportation System, 2013, Martinus Nijhoff Publishers, Brill, Ch 12 pp. 355-410.
  • 4G. Pamborides, The ISM Code: Potential Legal Implications in the Journal of International Maritime Law,1996 pp. 56-62.
  • 5. H. Ringbom, Global Problem - Rigonal solution? International Law Reflections on an EU CO2 Emissions trading Scheme for Ships 
  • 6. Y. Tanaka, The International Law of the Sea, Cambridge University Press, 2012, Chapter 1,  section 1.2 pp 5-9 and 1.4 pp 16-19 and Chapter 8, sections 8.1-8.6.7 pp 267-300 and sections 8.6.10-8.11, pp 309-329.


Note! The literature marked in red is not available online or in Canvas. These texts are to be found in a compendium for the seminar Safety at Sea. The title of compendium is ‘MARL5110- Maritime law: Safety at Sea’ and is sold at Akademika jus book store in Domus Nova , St. Olavs gate. The compendium is not available for sale until mid-September.

 

Part II, EU Maritime law and policy – Responsible teacher: Prof. Rosa Greaves

Reading material and literature for this seminar is to be found in Canvas.

I. EU-legislation

  1. Council Regulation 4055/86 OJ 1986 L378/1, (freedom to provide international maritime services), 3 p
  2. Council Regulation 3577/92 OJ 1992 L364/7 (cabotage), 4 p
  3. TFEU Articles 90-100 , 4 p
  4. TFEU Articles 101-107, 3 p
  5. TEFU Articles 207 and 300

II. Literature

  1. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, `Strategic goals and recommendations for the EU's maritime transport policy until 2018',  COM(2009) 0008 final (21 January 2009).
  2. Liu Nengye and Frank Maes, Legal Constraints to the European Union’s Accession to the International Maritime Organization, Journal of Maritime Law & Commerce, 43, 2012, pp.  279-291.
  3. R. Greaves, EC External Competence: Recent Developments & its implications for maritime agreements, SIMPLY 2007, pp. 167-187.
  4. R. Greaves, The application of the EU common rules on competition to cabotage, including island cabotage in Competition and Regulation in Shipping and Shipping Related Industries Martinus Nijhoff Publishers (Brill), 2009, pp 167-184.
  5. R. Greaves, The provision of maritime transport services in the EC, LMCLQ, 2004, pp. 104-121
  6. Tzoannos, `The new European Maritime Policy + Challenges and opportunities' key note address at the Conference Brussels (17 May 2005)

 

Part III, EU Competition Law and Shipping – Responsible teacher: Helge Stemshaug

Literature

The course leader Helge Stemshaug will hand-out a up-dated compendium at the first day of the seminar.

EU-Legislation

Commission notice on the definition of the relevant market for the purposes of Community competition law (OJ C 372/5 1997), 8 p

Commission guidelines on the application of Article 81 [101 TFEU] to maritime transport services (OJ C 245/2 2008),, 15 p

Commission Decision COMP/m.3798 – NYK/Lauritzen Cool/Laucool JV 11 p

Articles 101-106 TFEU (ex Articles 81-86 TEC), 3 p

Regulation 1/2003 on the implementation of the rules on competition laid down in Articles [101 and 102 TFEU], 25 p

Regulation 139/2004: The Merger Regulation, 22 p

Regulation 906/2009: Block exemption liner shipping companies (consortia), 4 p

In total: 126 p

Supplementary reading:

Richard Whish: Competition Law (1006 p)

The literature and the exam

Exams will always be given on the basis of the newest edition of the literature and auxiliary materials that are available at the beginning of each semester. But you are allowed to use older editions of the auxiliary material at the exams. It is the students’ responsibility to keep themselves updated on the newest editions.

Achievement requirements

Achievement requirements for master’s level (10 credits):

Part I: Maritime safety

The students are required to have achieved knowledge, a critical understanding and ability to discuss legal problems regarding:

  • The central rules and principles that apply to safety on an international level
  • The cooperation between governments to strengthen the standard of safety through international cooperation world wide and on a regional basis
  • The relationship between international and national rules on maritime safety, and between different players in the field
  • The role of shipping companies
  • Investigation of marine accidents internationally and nationally

 

Part II: EU Maritime law and policy

The students are required to have achieved knowledge, a critical understanding and ability to discuss legal problems regarding:

 

  • EU Maritime Law & Policy in its historical context
  • The EU Treaty Articles and secondary legislative measures relevant to the provision of maritime services;
  • The EU competences in the field of the provision of maritime services;
  • The reasons for developing a EU Maritime Policy both within the EU
  • The role of the European Court of Justice in interpreting EU law

 

Part III: EU Competition law and shipping

The students are required to have achieved knowledge, a critical understanding and ability to discuss legal problems regarding:

 

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

 

 

Published June 18, 2018 11:44 AM - Last modified Sep. 26, 2018 2:42 PM