Study Guide(Maritime Law)

8/3/2019 Study Guide(Maritime Law)

http://slidepdf.com/reader/full/study-guidemaritime-law 1/24

jamaica maritime institute

STUDY GUIDE

Maritime Law

Distance Education Course SB–305.1Module C: Certificate in Shipping BusinessDiploma in Shipping Logistics



Maritime Law

ii Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

Edition: 1A December 2000

Copyright © 2000 Jamaica Maritime InstituteNo portion of these materials may be reproduced in any form

(including printed, photographic, or digital) without written

permission from the Director of Marketing and Training at JMI who

can be reached at the following address:

Director of Marketing and TrainingJamaica Maritime Institute

Palisadoes Park

PO Box 8081 CSOKingston

Jamaica, West Indies

Telephone: (876) 924-8150/9

Facsimile: (876) 924-8158



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) iii Diploma in Shipping Logistics—Jamaica Maritime Institute

Contents

Glossary and abbreviations list

Unit 1 Legal systems, the common law, and criminal law

Unit 2 Introduction to maritime law

Unit 3 Legal aspects of ship ownership and registration

Unit 4 Legal aspects of ship safety

Unit 5 The law relating to ship’s master and crew

Unit 6 Port and harbour lawsUnit 7 Law of the sea

Unit 8 Jurisdictional issues in maritime law

Unit 9 Admiralty actions and procedures

Unit 10 Settling maritime disputes



Maritime Law

iv Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) v Diploma in Shipping Logistics—Jamaica Maritime Institute

Glossary & abbreviations listThe following is a list of terms and abbreviations that you may come

across during the Maritime Law course. The list is provided forreference only—you are not expected to memorize it.

act of God an occurrence outside the control of people

actus reus Latin for action of the accused. It must beproved as one element of a crime (along with

mens rea, the other element). That is, it must be

proved that a certain event forbidden by law was

caused by some action of the accused.

Administrative tribunals

bodies that attempt to settle disputes between

governments and individuals and between

employers and the employed, under the terms of

government legislation. They relieve the regular

courts from dealing with such disputes.

agent a person having express or implied authority to

represent or act on behalf of another person

(the principal)

(the) Agreement in the context of the LOS Convention,

Agreement Relating to the Implementation of

Part XI of the 1982 UN Convention on the Law

of the Sea—adopted and opened for signature at

the UN in 1994. The agreement changedprovisions regulating the mining of mineral

resources on the seabed that had prevented the

US and other countries from becoming parties to

the LOS Convention.

Anti-Dumping Convention

See London Convention.

appeal the process of applying to a higher court to

overrule the decision of a lower court

appellate attending to (taking cognisance of) appeals

arbitration clause a clause in a bull of lading, waybill, or charterparty providing that any dispute under the

contract in question shall be submitted to

arbitration



Maritime Law

vi Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

Arbitration tribunals

proceedings (usually governed by law) to help

settle disputes without going to the courts. Any

award granted by an arbitrator may be enforced

by a High Court judge.arbitrator a person agreed upon by both parties in a dispute

and appointed to help resolve that dispute. The

arbitrator is usually a lay person (not a lawyer)

but with special knowledge or experience of the

issues being arbitrated.

arrest (of ship) the procedure in Common law whereby a ship

and/or cargo and/or freight may be seized by an

admiralty court to provide pre-judgement

security for a plaintiff’s maritime claim

Arrest Convention

International Convention for Unification of Certain Rules Relating to Arrest of Seagoing

Ships, 1952, enforced 1956 and ratified by 68

countries

The Arrest Convention of 1999 is open for

signature until August 31, 2000. It will be

enforced 6 months after ratification by 10 states

following this period.

assault an act of one person that causes another person

to have reasonable apprehension of theinfliction of battery

Athens Convention International Convention on the Carriage of

Passengers and Their Luggage Aboard

Ship, 1974

Basel Convention

Basel Convention on the Control of

Transboundary Movements of Hazardous

Wastes and their Disposal, in effect in 1992

battery the intentional and direct application of force to

another person. Any physical contact with the

body may be considered to be force. No

hostility need be shown.

BC Code Bulk Cargo Code—Code of Safe Practices for

Solid Bulk Cargoes

beneficial ownership

having the use or benefit of property. The right



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) vii Diploma in Shipping Logistics—Jamaica Maritime Institute

to dispose of property in certain ways that may

be separate from legal title. For example a

trustee may have the use of property which is

not theirs.

bill of lading documentary evidence of the existence of acontract of carriage. It also serves as a receipt

for goods and is a document of title and transfer.

It is not negotiable.

BIMCO Baltic and International Maritime Council —a

group of shipowners and others interested in

carriage of goods by sea that promotes proper

shipping practices. Also distributes good quality

standard forms for shipping business.

Black Book of the Admiralty

a collection of medieaval and early modern

maritime laws published in the 19th century.The original Black Booke of the Admiralty waspublished in the mid-15th century and contained

a version of the Rolls of Oléron.

blameless inadverture

reasonable failure to foresee the consequences of

an action

BMLA British Maritime Law Association

bottomry the concept of a loan secured by a ship in which

the borrower’s personal liability is cancelled if

the ship is lost

Cartagena Convention

Convention for the Protection and Development

of the Marine Environment of the Wider

Caribbean Region, 1983, in force in 1984

case law law that is not the result of governmental

legislation, but is created by previous court

decisions. Also referred to as the law of

precedent and common law.

caveat emptor Latin phrase “let the buyer beware”. The courts

do not concern themselves with whether a

contract is a “good deal”. Price and quality(value) are left up to those who make their

contracts.

Cesser clause Clause in a voyage charter party relieving the

charterer from further liability as soon as the

cargo is shipped and the advance of freight, dead



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) ix Diploma in Shipping Logistics—Jamaica Maritime Institute

codify to legislate by parliamentary statute; to write law

cognisance, right of

dealing with a matter legally

COLREG Convention on International Regulations for the

Prevention of Collisions at Sea, 1972, first

adopted by the IMO in 1960

Comité Maritime International

a private international organization formed in

1896 and devoted to the international unification

of maritime law. It is a grouping of national

maritime law associations with membership

comprising shipping interests.

common law laws that are not the result of governmental

legislation, but are created by the custom of the

people and decisions of judges and the courts.

Also referred to as case law or the law of

precedent.

common venture a joint undertaking. In maritime commerce, a

venture is shared among shippers, carriers, and

consignees, shipowners, charterers, and insurers.These confront the perils of the sea together, and

therefore share in the profits of the venture and

the attendant risks.

conditions contract terms that are central to the nature of

the contract. Breach of conditions means that

the parties are no longer bound by the contract—

it is treated as discharged.

consideration the price with which a promise is “bought” in a

contract. A benefit to the person promising or a

detriment to the person promised, that in law is

sufficient to support the promise. It may be an

object, money, an action, prevention of anaction, or any other item of value to the person

receiving it.

contract a legally binding agreement between two parties

(the) Convention if not referenced specifically, probably refers to

the LOS ConventionCoroner’s Court court that enquires into cases of violent,

unnatural, or suspicious deaths. No trial takes

place—the court merely seeks to ascertain the

cause of death, identify the deceased person, and

determine where the death took place.



Maritime Law

x Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

counter offer a response to an offer that rejects the original

offer but continues the negotiation of an

agreement

Court of Appeal court that deals with appeals from the two lower

levels of the court system

courts of the first instancethe lowest courts that deal with relatively

simple, less serious matters. They include

Resident Magistrate’s Court and Petty Sessions

presided over by a Justice of the Peace.

crime an offence against the law, hence, criminal law,

that is considered serious enough to be a threat

to society at large or the state

criminal law law that deals with offences against society at

large (the state) rather than disputes between

individuals

CRISTAL Contract Regarding an Interim Supplement to

Tanker Liability for Oil Pollution—a voluntary

scheme, which started in 1971 and ended in

1997, when it was replaced by obligatoryprovisions of the Fund Convention.

custodia legis Latin for custody of the law. Expenses in

custodia legis are expenses incurred in the

common interest of creditors to preserve the ship

during its arrest or attachment.

damnum sine injuriaLatin phrase meaning loss without wrong.Under the law of tort both wrong and loss must

be proved. It is not enough for those suing to

simply prove loss has been suffered.

defamation publication of untrue statement that damages a

person’s reputation or makes the person

shunned. Includes slander and libel.

default failure to act

delegatus non potest delegare

Latin phrase meaning that an agent must act

personally and may not delegate actions onbehalf of the principal

discharge (contract)

the ending of a contractual agreement



Maritime Law

xii Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

flag state a state in which a ship is registered and whose

flag it flies

FOC flag of convenience

fraud criminal deception. Use of false representation

to gain an unjust advantage. Dishonest artifice

or trick.

free flag flag of convenience

Fund Convention International Convention Establishing a Fund

for Compensation of Oil Pollution Damage,

1971

GATT General Agreement on Tariffs and Trade. Now

under the auspices of the World Trade

Organization (WTO).

general average the duty of owners of the ship and saved cargo

to reimburse the owners of any jettisoned cargoso that all share in the loss in proportion to their

interests

Geneva Conventions

1958 Conventions on the high seas; on the

terrestrial sea and contiguous zone; on the

continental shelf; and on fishing and

conservation of the living resources of the highseas

GT gross tonnage

habeas corpus Latin for “you must have the body”. The writ of habeas corpus (dating from a UK Act of 1679)

requires an imprisoned person to be brought

before the courts so as to investigate the

lawfulness of their imprisonment. Usually an

attorney applies to the court for a writ of habeas

corpus to secure the release of clients where

there appears to be no reasonable cause for their

arrest.

Hague Rules International Convention on the Unification of

Certain Rules of Law Relating to Bills of

Lading, Brussels 1924. Adopted at the

instigation of the CMI and in force as of June1931. Amended in 1968 to include the Visby

Rules.

Hague Visby Rules

The Hague Rules were amended in 1968 to



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) xiii Diploma in Shipping Logistics—Jamaica Maritime Institute

include the Visby Rules derived at a CMI

conference held at Visby in 1963. The Hague

Visby Rules were enforced in 1977 at first by

only 10 nations but later by many more. A

further protocol (the Visby SDR Protocol) wasadopted in 1979 and came into force in 1984.

Hamburg Rules UN Convention on the Carriage of Goods by

Sea, adopted in Hamburg 1978 and enforced in

1992

Hammurabi, Code of

This Babylonian code from around 2000 to 1600

BC is the earliest reference to sea law.

Hanse, Hanseatic Hanse was a political and commercial league of

Germanic towns (thus: Hanseatic towns).

High Court See Supreme Court.

HNS Convention International Convention on Liability and

Compensation for Damage in Connection with

the Carriage of Hazardous and Noxious

Substances by Sea, 1996

hull number a number used to identify a vessel being

constructed. Also called a yard number. This

identification is used until completion and

launching, at which point the number is replaced

by a name.

hypotec right established by law over a thing belonging

to a debtorhypotheque maritime

French term for a ship mortgage. Security on aship and its appurtenances used by the

shipowner as security for a loan. Derived from

English common law chattel mortgages.

IAEO International Atomic Energy Organization

ICES Convention for the International Council for the

Exploration of the Sea

ICMA International Congress of Maritime Arbitrators

IHO International Hydrographic Organization

ILC International Law Commission

ILO International Labour Organization



Maritime Law

xiv Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

ILU Institute of London Underwriters, which

amalgamated at the end of 1998 with the

London International Insurance and Reinsurance

Market Association (LIRMA), which had

already been, renamed the InternationalUnderwriters’ Association (IUA)

IMAO/OIAM International Maritime Arbitration Organization

(Organisation Internationale d’Arbitrage

Maritime)

IMCO Inter-Governmental Maritime Consultative

Organization—the precursor of the IMO

IMDG Code International Maritime Dangerous Goods Code,

adopted by the IMO, amended 1994

IMF International Monetary Fund

IMO International Maritime Organization— until1982 it was IMCO

implied terms terms that may reasonably be assumed to be part

of a contract but which are not written down

expressly

indict accuse, especially by means of a legal process

indictable offence criminal offence that is considered serious and is

usually tried before a jury in the Supreme/High

Court. In some jurisdictions, a first instance trialbefore a Magistrate may be conducted on an

indictment to see whether a prime facie case

exists to go to the High Court. These offencesare punishable by lengthy imprisonment, or

sometimes by death.

indictment a formal accusation, or the legal process in

which a formal accusation is made, or the

document on which a formal charge is made

injunction an authoritative order and/or judicial process

restraining someone from a wrongful act or

compelling restitution to an injured party

injuria Latin for wrong (see damnum sine injuria)

INMARSAT a worldwide mobile satellite communicationservice used for routine communication to ships

and sea and also for global maritime distress andsafety systems. Created in 1976 through the

Convention on International Maritime Satellite

Organization.



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) xv Diploma in Shipping Logistics—Jamaica Maritime Institute

in personam Latin for “in person”. See also in rem.

Admiralty actions may be brought in

personam—against the owner or operator of the

ship, or in rem—against the ship itself.

in rem Latin for “in the thing”. See also in personam.Admiralty actions may be brought in

personam—against the owner or operator of the

ship, or in rem—against the ship itself.

Institute clauses standard clauses in insurance agreements,

originally drawn up by the Institute of London

Underwriters (ILU)

International Maritime Organization

UN agency founded in 1948 and effective since

1958, specializing in shipping issues. Its

mandate is “safe ships and clean seas”.

Intervention Convention

International Convention Relating to

Intervention on the High Seas in Cases of Oil

Pollution Casualties

invitation to treat an offer to negotiate; this is not an offer to bebound

IOC Intergovernmental Oceanographic Commission,

1960

ISM Code International Safety Management Code

ISO International Organization for Standards

ISOA International Support Vessel Owners’

Association

ISSA International Ship Suppliers’ Association

ISU International Salvage Union

ITF International Transport Workers’ Federation

ITU International Telecommunications Union

IUA International Underwriters’ Association (IUA)—

an amalgamation (formed in 1998) of the

Institute of London Underwriters (ILU) and the

London International Insurance and ReinsuranceMarket Association (LIRMA)

jettison the act of throwing cargo overboard to save a

ship and its cargo



Maritime Law

xvi Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

Joint Maritime Commission

bipartite commission set up to advise the

governing body of the ILO on maritime

questions

JP Justice of the Peace

Judicial Committee of the Privy Councilthe final court of appeal from former colonies of

England and self-governing members of the

Commonwealth. It is made up of members of

the UK Lords (High Court), also referred to as

Law Lords when exercising appellate

jurisdiction. Certain Commonwealth judges

may also be invited to sit on this Committee.

judicial sale sale of property ordered by the courts

Justice of the Peace

an unpaid lay magistrate appointed to preserve

peace in a county or town. They preside over

Petty Sessions.

law of precedent case law, common law—law that is not the

result of governmental legislation, but is createdby previous court decisions

law of prize a branch of international law dealing with the

capture of ships during war

law of tort and law of torts

The word tort can be used in both the singular

and plural. The law of tort is concerned with theduty owed to others not to infringe upon anyright that they might have. The law of torts is

concerned with ways in which an action can be

brought by someone has suffered some

infringement of right.

LC London Convention; also called the Anti-

Dumping Convention

LCIA London Court of International Arbitration

legislation the act of creating written law by a government

(legislative body). In a parliamentary

democracy, this is done by creating Acts of Parliament.

letters of marque written permission for private shipowners to fit

out armed vessels for the capture of the enemy’s

merchant ships. This is no longer granted.



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) xvii Diploma in Shipping Logistics—Jamaica Maritime Institute

lex fori Latin for “law of the forum”—the law of the

state in whose jurisdiction a disputed action

takes place

libel a false statement, published in permanent form

rather than merely spoken, that is damaging to aperson’s reputation

lien the right to keep property on which a debt is

owed until the debt is paid

liquidated damages

an amount of money agreed beforehand by the

parties to a contract to be paid in the event of a

breach of contract

lis alibi pendens Latin for “dispute pending elsewhere”

LLMC limitation of liability for maritime claims

(conventions, etc. relating thereto)LMAA London Maritime Arbitrators’ Association

LOF Lloyd’s open form—Lloyd’s Standard Form of Salvage Agreement

London Convention

Convention on the Prevention of Marine

Pollution by Dumping of Wastes and Other

Matter , also called the Anti-Dumping

Convention, held in 1972, enforced since 1975.The Convention includes a list of substances

whose dumping is prohibited or restricted. A

Protocol was added in 1996.

LOS Convention UN Convention on the Law of the Sea—with

Annexes adopted 1982 at Montego Bay, Jamaica

by the Third UN Conference on the Law of the

Sea. It was enforced in 1994. See also the

Agreement.

Magistrate’s Court a court with a single judge (Resident Magistrate)

that makes preliminary investigations to

determine whether a prima facie case exists and

whether a criminal case needs to go to a higher

court. It also deals with more serious civil

matters.

mandamus a judicial writ issued as a command to an

inferior (lower) court or ordering a person to

perform a public or statutory duty



Maritime Law

xviii Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

MARPOL 73/78 International Convention for the Prevention of

Pollution from Ships, 1973, modified by the

Protocol of 1978. This is the most important

international agreement on marine pollution.

mens rea Latin for the state of mind of the accused. It isthe second element of a crime (along with actus

reus) that must be proven. The conduct

constituting the crime must be accompanied

with a prescribed state of mind, where the

accused intends the natural consequences of hisor her actions.

MEPC IMO’s Marine Environment Protection

Committee

MFAG Medical First Aid Guide—produced by the joint

ILO/WHO Committee on Health and Seafarers

for use in accidents involving dangerous goods

misrepresentation an untrue statement made by one party to the

other during the making a contract

mistake of the law A person may inadvertently commit a crime

while sincerely believing the legal situation to bedifferent than it is. This may mean that mens

rea cannot be proved.

MOA memorandum of agreement

MOU memorandum of understanding

MSC IMO’s Maritime Safety Committee

mortgage A mortgage is a conveyance of property by

debtor to creditor as security for a debt with the

proviso that it will be returned when the debt is

paid within a certain period.

negligence acting without regard to what a reasonable and

prudent person could foresee would be the

consequences. A breach of duty or care owed to

someone, which results in damage.

Nippon sale Japan Shipping Exchange’s standard agreement

form for sale of a ship

nolle prosequi a stay of prosecution obtained by the Crownthrough the Attorney General without the

consent of the prosecution. Individuals whostart a criminal prosecution may not discontinue

it at will.



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) xix Diploma in Shipping Logistics—Jamaica Maritime Institute

non est factum Latin for “it is not my deed”. This pleading may

be used when a person signs a contract with a

mistaken belief that it is a different document.

NT net tonnage

obiter dictum Latin term for an incidental remark in a legal

decision, which does not bind future courts.These remarks may be respected by other courts

according to the reputation of the judge, the

eminence of the court, and the circumstances in

which they came to be pronounced.

OECD Organization for Economic Co-operation and

Development

offer In contract law, an offer is a definite promise to

be bound provided that certain specified terms

are met. This may be written, spoken, or

implied.

OIAM See IMAO.

OILPOL International Convention for the Prevention of

Pollution of the Sea by Oil, 1954, was the first

attempt to regulate marine pollution because of

increased global industrialization and use of

fossil fuels. Enforced in 1958.

Oléron, rôles de

The rôles de Oléron (Rolls of Oléron) are laws

of the sea based on the Rhodian Sea Law and

codified between 1000 and 1400 AD. Theyseem to be a compilation of maritime decisionsmade at Ile d’Oléron off the coast of SW France.

open registry a ship registry without restrictions relating to

ownership of ships under the register. Under

this system, shipowners may choose the country

in which their ships are registered. When

registered in countries with lax, limited, or

absent rules of registry, these ships are said to

fly “flags of convenience”.

OPRC International Convention on Oil Pollution

Preparedness, Response, and Co-operation,1990

Queen’s Bench Division

Division of the Supreme Court that primarily

administers the Common Law in matters such as

contract and tort



Maritime Law

xx Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

Petty Sessions court resided over by a Justice of the Peace,

dealing with relatively less serious civil matters

PICES North Pacific Marine Science Organization

plaint attendance at magistrate’s courts may be

enforced by a summons called a plaint

plaintiff the person wronged who brings suit in a court of

law

port state control the ability of a state administration to control all

the ships that enter their ports not just the ships

flying their own flags. The state can exercise

limited jurisdiction over foreign ships entering

its ports.

possessory lien See lien.

prescription a legal term for the uninterrupted use or

possession of something for a particular period

prima facie at first glance; on preliminary examination. A

rule whereby a particular fact serves as evidenceof a state of affairs unless later contradicted by

stronger admissible evidence.

principal a person who is represented by an agent in

bringing about legal relations between the

principal and third parties

privilege situations recognized by law that allow freedom

of communication without fear of prosecution

for defamation, such as judicial or Parliamentaryproceedings

Privy Council Sovereign’s or governor-general’s private

counsellors. Final Court of Appeal for many

Commonwealth countries.

Prize Court a court specially constituted in times of war to

deal with ships that captured in war

R. rex or regina (the Crown)

ratio decidendi Latin for reason for deciding. The part of a case

that is said to possess legal authority together

with the decision resulting from those parts.

recklessness deliberate taking of unnecessary risk

regina Queen (the constitutional representative of the

state)



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) xxi Diploma in Shipping Logistics—Jamaica Maritime Institute

Registration of ships

the process by which ships are given a

nationality, enabling them to fly the flag of the

state in which they are registered and obliging

them to follow its rules and standards. See alsoopen registry and flag of convenience.

remedy the actions that are available to enforce a right or

give satisfaction for harm done

res ipsa loquitur Latin for “the thing speaks for itself”—a

principle established by the 19th century courts

in which, provided certain conditions were

satisfied, the burden of proof shifted to the

defendant

Resident Magistrate

the single judge in a Magistrate’s Court who

decides (amongst other activities) whether thereis a prima facie case that requires the attention of the Supreme Court

rex King (the constitutional representative of the

state)

Rhodian Sea Law From around 500 to 300 BC the Mediterranean

port of Rhodes was sufficiently important to

have been the scene of a large number of

maritime disputes. The customs and practices of

the Rhodian seafarers became the pattern forothers and the sea law of this time came to be

known as Rhodian Sea Law. Around 600 to 800AD, a book entitled “Rhodian Law or Nautical

Law of the Rhodians” was written.

Rolls of Oléron See Oléron.

sale form Norwegian Ship Brokers’ Association’s

Memorandum of Agreement (Revised 1966), forsale of a ship

SAR IMO’s International Convention on Maritime

Search and Rescue, 1979

SDR special drawing rights, granted by the IMF

sine without

SOLAS 74/78 International Convention on Safety of Life at

Sea, adopted in 1974, amended in 1978

slander spoken defamation



Maritime Law

xxii Module C: Certificate in Shipping Business (Course SB-305.1)Diploma in Shipping Logistics—Jamaica Maritime Institute

statute the written law of a statutory body, such as an

Act of Parliament

STCW International Convention on Standards for

Training, Certification and Watch Keeping for

Seafarers, 1978, amended 1995

STCW-F International Convention on Standards for

Training, Certification and Watch Keeping for

Fishing Vessel Personnel, 1995

strict liability Some crimes (always created by statute) do not

require mens rea to be proved. The accused will

be found guilty even though there was no

intention to commit a crime and there was no

negligence or recklessness. Some tortious

offences also carry strict liability.

subrogation the legal process of assigning rights and claims

against a debtor to a third party (the subrogee)

summary jurisdiction

jurisdiction of courts that try summary offences.

These trials are conducted by magistrates

without a jury. The power of such magistrates isusually limited.

summary offence criminal offence that is considered less serious

than indictable offences and is dealt with more

simply, dispensing with certain formalities of the

common law

Supreme Court also called High Court or Circuit Court. Thiscourt deals with more important suits and trialsthan are dealt with by courts of the first instance

(Resident Magistrate’s Court or Petty Sessions).

Supplemental Convention on Nuclear Damage

International Convention on supplemental

Compensation for Nuclear Damage, 1997

Technical Committee

IMO’s Committee on Technical Co-operation ,

which deals with assistance to developing and

other countries about maritime affairs, working

with the UNDPTorremolinos Protocol

1993 protocol relating to the International

Convention for the Safety of Fishing Vessels



Maritime Law

Module C: Certificate in Shipping Business (Course SB-305.1) xxiii Diploma in Shipping Logistics—Jamaica Maritime Institute

tort a civil wrong independent of any contract. It

includes actions such as assault, battery, false

imprisonment, negligence, nuisance, trespass,

and defamation of character.

tortious constituting a tort

TOVALOP Tanker Owners’ Voluntary Agreement onLiability for Oil Pollution—a voluntary

insurance fund in place until 1977 but now

replaced by mandatory agreements such as CLC

transferred malice the situation when the intended consequences of

a criminal action are transferred to the wrong

victim (such as shooting at A and hitting B)

transmission legal transfer of ownership upon death

trespass (land) unjustifiable interference with the possession of

land. Wrongful entry on another’s land.UN United Nations

UNCITRAL United Nations Commission on InternationalTrade Law—it was instrumental in developing

the Hamburg Rules 1978; the Multimodal

Convention, 1980; and the UNCITRAL Model

Law, 1985.

UNCLOS United Nations Convention on the Law of the

Sea

UNCTAD United Nations Conference on Trade and

Development, established in 1964UNDP United Nations Development Programme

UNEP United Nations Environment Programme

unliquidated damagesunspecified damages that may be awarded under

the law. They are awarded to compensate the

victim for losses that are not previously known.

utmost good faith also Latin uberrimae fidei. The basic principle

of insurance requiring the assured and the broker

to disclose all material circumstances to the

underwriter before acceptance of a risk.

Visby The Visby Rules were derived at a CMI

conference held at Visby in 1963 with the

purpose of amending the Hague Rules.



Maritime Law

i M d l C C tifi t i Shi i B i (C SB 305 1)

void contract a contract that has no legal effect and does not

give rise to any legal rights

voidable contract a contract that may be declared void under

certain circumstances, for instance, as a result of

misrepresentation

vs. versus

VTMS vessel traffic management system

waiver mutual release of parties from contractual

obligation

warranties terms in a contract that are collateral or

subsidiary to its main purpose. Breach of

warranty entitles the innocent party to damages.

The contract is not treated as discharged.

White List list of parties compling with the standards of the

amended STCW 1995 Convention. Publishedby the IMO’s Maritime Safety Committee.

WHO World Health Organization

wills, wives, & wrecksflippant name for the Family Division of the

Supreme Court which deals with probate,

divorce, and Admiralty matters

WMO World Meteorological Organization

writ a written command in the name of authority

such as the Sovereign, State, or Court, ordering

people to act or abstain from acting in aparticular way. In particular, a written command

from the Crown to the defendant to “enter an

appearance” in a legal action. Without the

proper issue of such a writ, the court has no

jurisdiction.

WTO World Trade Organization

yard number a number used to identify a vessel being

constructed. Also called a hull number . Useduntil completion and launching, when the

number is replaced by a name.

York Antwerp Rules

rules concerning general average sacrifice,

amended by the CMI in 1994. The rules are not

imposed by statute but by agreement in a charter

party or bill of lading.

Study Guide(Maritime Law)

Documents

Transcript of Study Guide(Maritime Law)

LL.M. (Maritime Law) · 2020. 7. 15. · MPA Professor of Maritime Law Director of the Centre for Maritime Law Director of the LL.M. (Maritime Law) Programme Stephen Girvin has been

Maritime Law II

Admiralty and Maritime Law - Federal Judicial Center · Admiralty and Maritime Law Robert Force Niels F. Johnsen Professor of Maritime Law Co-Director, Tulane Maritime Law Center

Maritime law lrg

Maritime Law cases.pdf

Maritime Law & Admiralty Jurisdiction

THE JOURNAL OF INTERNATIONAL MARITIME LAW - … of international maritime law/nr.3... · THE JOURNAL OF INTERNATIONAL MARITIME LAW ... The European Colloquia of Maritime Law Research

Maritime Law Handbook - SyCipLaw

Transportation and Maritime Law

กฎหมายพาณิชยนาวี : Maritime Law · Unfi011J 9. nowmnauo»nnmnzwyü58tn5 Maritime law Admiralty Law Civil Law Maritime law Droit maritime Diritto maritimo

Maritime Law Slide

NINETEENTH INTERNATIONAL MARITIME LAW …

IMO INTERNATIONAL MARITIME LAW INSTITUTE · Web viewIMO INTERNATIONAL MARITIME LAW INSTITUTE (IMLI) MALTA * MASTER OF LAWS (LL.M.) in INTERNATIONAL MARITIME LAW * APPLICATION

Authorizations for maritime law enforcement operations · Authorizations for maritime law enforcement operations 467. ... Misc. Appl. 434, 2009; ... Authorizations for maritime law

Montenegro Maritime Law Handbook

Maritime Law in Malaysia

FOURTEENTH ANNUAL INTERNATIONAL MARITIME LAW ARBITRATION ... · PDF filefourteenth annual international maritime law arbitration moot court ... fourteenth annual international maritime

Maritime Law

TITLE 21 MARITIME LAW THE LIBERIAN MARITIME REGULATIONS

Admiralty and Maritime Law