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2008 ACADEMIC YEAR:
Terms and breaks |
First semester first quarter:
Mid-term break:
First semester second quarter:
Mid-year vacation:
Second semester third quarter:
Mid-term break:
Second semester fourth quarter: |
18
February to 28 March
29 March to 6 April incl.
7 April to 28 May
14 June to 27 July incl.
28 July to 5 September
6 September to 14 September
15 September to 15 December |
WELCOME to the Shipping Law
Unit! Remember that to be a good shipping lawyer, you need to know more
than just the law. You need to know and understand both the business and
the mechanics of shipping. Make use of your Shipping Law Unit and the
facilities it offers. It subscribes to Fairplay's weekly journal of
shipping, and it gets (albeit somewhat belatedly) Lloyd's List Daily. Use
the Internet, and find out about new horizons in Shipping Law out there
waiting for you.
Shipping Law at UCT is normally
split into three modules and each course is semesterised so that students
wishing to study shipping law may start either in the first semester
(February) or in the second (July).
The three modules are:
2008 FIRST SEMESTER
(February to June):
Sessions commence 19 February
2008.
-
CML6025F — Maritime Law and Marine Insurance ;
- CML6026F— Carriage of Goods by Sea (including General Average)
moved to 1st semester (February - June 2008) with
Maritime Law.
NB. This course has a compulsory full-time component.
2008 SECOND SEMESTER (July to
November):
-
CML6024S — Admiralty Jurisdiction and Practice
(not offered in 2008);
Registration and fees
information is on the
School for
Advanced Legal Studies Website. In addition, all the information
including full rules for the LLM and Graduate Diploma can be found in the
Faculty of Law Handbook on the UCT main website.
(Please note, this file is 144 pages long!)
COURSE OPTIONS 2008
First Semester
CML6026F
CARRIAGE OF GOODS BY SEA (brought forward from 2nd
semester)
Single module (half course), part of the specialised LLM in Shipping Law
(Please read: course information
and provisional lecture schedule)
Course convenors:
Prof John Hare and Mr Rob Knutzen
Lectures and seminar
sessions:
Three-day fulltime session, 09h00 to 17h00 daily in the second week of
the second term followed by one class a week (Wednesday evenings 17h30 to 19h00) and
thereafter a concluding three-day fulltime session daily from 09h00 to
17h00 towards the end of term. All students enrolling will be required
to attend the fulltime sessions. No exceptions will be allowed.
Classes include regular
seminar sessions at which students are required to participate in
discussion and presentation. Although the course focuses on South African
law, this law is international, and comparisons are made with the laws of
other jurisdictions.
Assignments:
Two assignments and one moot will be set during the semester, together
counting 50% of the course mark. Late assignments will be penalised with
mark deductions.
Examination:
One three-hour examination at the end of the semester.
Course content:
The business of carriage of goods by sea, including:
- Shipping and international
trade;
- Carriage documents and their
interaction;
- INCO Terms;
- Other international attempts
at standardisation in carriage;
- Electronic commerce in
shipping.
General principles of
carriage of goods by sea, including:
- Applicable law;
- The common carrier;
- International carriage
regimes: The Hague, Hague-Visby and Hamburg Rules;
- The SA Carriage of Goods by
Sea Act;
-
The UNCITRAL/CMI draft
transport convention;
-
Title to Sue and the Sea
Transport Documents and Title to Sue Act;
-
Limitation of liability for
cargo claims.
Bills of Lading
Charterparties
The CMI/UNCITRAL Draft Transport Convention
Cargo claims seminars
will be conducted, where possible in the presence of practising attorneys
specialising in the field. Students' participation will be assessed for
year-end marks.
DP requirements:
Satisfactory attendance at, and participation in lectures, moot and
seminar sessions. Satisfactory completion of both assignments during the
semester.
First Semester
CML6025F
MARITIME LAW & MARINE INSURANCE (and
Carriage of Goods CML6026F, brought forward from 2nd semester)
Single module, part of the specialised LLM in Shipping Law
(To follow: course information and lecture schedule)
Course convener: Professor John Hare.
Co-presenters: Mr Rob Knutzen and Mr Graham Bradfield.
Lecture and seminar
sessions:
Evening classes twice weekly 17h00 to 19h30 for the duration of the first
semester, on Tuesdays and Thursdays. Classes include regular seminar
sessions at which students are required to participate in discussion and
presentation. Although the course focuses on South African law,
comparisons are made with the laws of other jurisdictions, especially
those of foreign students participating in the course.
Assignments:
Two assignments will be set during the semester, together counting 50% of
the course mark. Late assignments will be penalised with mark deductions.
Examination:
One three-hour examination, conducted during morning or afternoon. at the
end of the semester.
Course content:
Part 1: Maritime Law
This, the larger part of the course, covers a selection from the following
topics:
- Acquisition, ownership and
registration of ships;
- Ship's mortgages;
- Historical and modern wreck;
-
Master and Crew;
- The operation of ships,
including statutory requirements, SOLAS and the ISM Code, Port State
Control and the sub-standard ship;
- Navigation and collisions;
- Salvage, towage and pilotage;
- Oil pollution liability; and
- The limitation of a
shipowner's liability.
Part II: Marine Insurance
An introduction to the law and practice of marine insurance, including:
- The origins of marine
insurance and its law;
- General principles of
insurance law applicable to marine insurance;
- International marine
insurance practice;
- Hull and Marine Insurance,
and standard 'Institute' cover;
- P&I Insurance.
DP requirements:
Satisfactory attendance at, and participation in lectures and seminar
sessions. Satisfactory completion of both assignments during the semester.
Second Semester
CML6024S
(not offered in 2008)
ADMIRALTY JURISDICTION AND PRACTICE
Single module, part of the specialised LLM in Shipping Law
Please read course information and
provisional lecture schedule
Course convenor: Prof
John Hare
Co-Presenters: Adv Gys Hofmeyr SC and Mr Graham Bradfield
Lectures and seminar
sessions:
Evening classes twice weekly 17h00 to 19h30 for the duration of the second
semester, on Tuesdays and Thursdays. Classes include regular seminar
sessions at which students are required to participate in discussion and
presentation. Adv Gys Hofmeyr SC and Mr Graham Bradfield will
present some of the classes. Although the content is primarily South
African, comparisons are made with the law and practice of other
jurisdictions.
If possible, a link-up will
be arranged with the Institute of Maritime Law at Tulane University, New
Orleans, for a short section of the course on comparative admiralty
procedures.
Assignments:
One assignment will be set during the semester and a debate will be held at
the end of classes. Together they will count 50% of the course mark. Late
assignments will be penalised with mark deductions.
Examination:
One three-hour exam, conducted during the morning or afternoon, at the end
of the semester, counting 50% of the year mark.
Course content:
Part I: Admiralty Jurisdiction
A full introduction to the jurisprudence of admiralty in South Africa
traces the history of the development of Admiralty in the civilian and
common law systems; The development and prohibition of Admiralty causes in
England, the reception of the 19th century English Admiralty law into the
Cape and Natal; the maritime lien as the cornerstone of English Admiralty
law, and the statutory right in rem; the changes brought about by
the Admiralty Jurisdiction Regulation Act, 1983; the law presently
applicable to Admiralty disputes in SA; and the SA court structure.
Part II: Admiralty
Practice:
A full examination of statutory Admiralty practice on SA today; the
'maritime claim' of the Admiralty Jurisdiction Regulation Act, and the
manner in which it may be enforced; Arrest and attachment law and
procedure; associated ship arrests, and the arrest and attachment of
property other than a ship; Security for claims and for costs; Declining
jurisdiction, stays and joiners; Pre-trial evidence, inspection and
discovery procedures; judicial sale ranking against funds in court, and an
analysis of the Admiralty Court Rules.
An overview of a selection of foreign systems determined by the class
make-up is undertaken. Foreign students are encouraged to study and
present to the class comparative analyses of admiralty practice in their
own jurisdictions.
DP requirements:
Satisfactory attendance at, and participation in lectures, moot and
seminar sessions. Satisfactory completion of one written assignment.
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