INTERNATIONAL REGULATION OF SHIPPING 2015
2014/2015, Semester 2
Modular Credits: LL4034V ( 5 ) / LL5034V ( 5 ) / LLD5034V ( 5 )
This course will examine the global regime governing the international regulation of commercial shipping by examining the following issues:
the relationship between the legal framework established in the 1982 UN Convention on the Law of the Sea and the work of the International Maritime Organization (IMO), the UN specialized agency responsible for the safety and security of international shipping and the prevention of pollution from ships.
the purposes and objectives and the regulatory scheme set out in selected global conventions administered by the IMO, including those governing safety of life at sea (SOLAS), the prevention of pollution from ships (MARPOL) and the training, certification and watchkeeping for seafarers (STCW).
the liability and compensation schemes that have been developed for pollution damage caused by the carriage of oil and noxious substances by ships, as well as the conventions designed to ensure that States undertake contingency planning in order to combat spills of oil and other noxious and hazardous substances in their waters.
the schemes that have been developed to enhance the security of ships and ports in light of the threat of maritime terrorism.
how the IMO is responding to increased concern about the protection and preservation of the marine environment, including threats such as invasive species and climate change.
how the responsibility to enforce IMO Conventions is divided between flag States, coastal States, port States and the IMO.
When examining these issues, we will focus in particular on their application to navigation in the Arctic and navigation in Southeast Asia, especially to the Straits of Malacca and Singapore.
The specific aims and objectives of the course are:
To provide students with an understanding of the dynamic processes by which international commercial shipping is regulated by the conventions and instruments of the International Maritime Organization (IMO) and other international organisations, including the mechanisms that have been created to ensure that States comply with the regulations, procedures and practices set out in the international instruments.
To provide students with an understanding of how the international regulation of shipping fits within the general framework established for governance of the oceans that is set out in the 1982 United Nations Convention on the Law of the Sea.
To provide students with an understanding of how the international regulations governing shipping balance the interests of flag States, port States, coastal States and shipowners, as well as the general interest of the international community in protecting and preserving the marine environment.
To examine how the international laws and regulations are evolving to meet the effects climate change, including the prospects of opening the Arctic to international navigation.
INTERNATIONAL REGULATION OF SHIPPING 2015
DRAFT Schedule of Topics – draft of 23 Nov 2014
INTRODUCTION & SAFETY OF NAVIGATION
Tu 13 Jan Topic 1 History of the International Regulation of Shipping
Th 15 Jan Topic 2 The IMO and other Stakeholders
Tu 20 Jan Topic 3 UNCLOS and the IMO Conventions
Th 22 Jan Topic 4 Safety: SOLAS, COLREGS, STCW
Tu 27 Jan Topic 5 IMO & Straits of Malacca & Singapore
Th 29 Jan Topic 6 Protection of Seafarers: ILO & Maritime Labour Convention
Tu 03 Feb Topic 7 Gap in Regulatory Regimes: Protection of Crew of Fishing Vessels
Th 05 Feb Topic 8 Pollution: Prevention of Pollution from Ships
Tu 10 Feb Topic 9 Pollution: Preparedness, Response & Cooperation
Th 12 Feb Topic 10 Pollution: Liability & Compensation Schemes
Tu 17 Feb Topic 11 Pollution: Special Areas, PSSAs & Ice-Covered Areas
Th 19 Feb No class – Chinese New Year Holiday
One Week Break – 23 – 27 February
Monday 2 March 9.00 am - Writing Assignment Deadline
COMPLIANCE AND ENFORCEMENT
Tu 03 Mar Topic 12 Port State Control
Th 05 Mar Topic 13 Flag State Implementation
IMO AND MARITIME SECURITY
Tu 10 Mar Topic 14 Piracy, Armed Robbery, Hijacking: UNCLOS & SUA
Th 12 Mar Topic 15 Use of Armed Security Guards to Combat Piracy
Tu 17 Mar Topic 16 International Measures to Combat Somali Piracy
Th 19 Mar Topic 17 Regional Cooperation to Combat Piracy
Tu 24 Mar Topic 18 2002 Amendments to SOLAS, including ISPS Code
Th 26 Mar Topic 19 CSI, PSI & 2005 SUA Protocol
Tu 31 Mar Topic 20 2009 IMO Convention on Ship Recycling
Th 02 Apr Topic 21 Shipping and Marine Environment in the Arctic
Tu 07 Apr Topic 22 Climate Change & Air Pollution from Ships
Th 09 Apr Topic 23 Ballast Water Convention & Hull Anti-Fouling
Fri 17 Apr Take Home Exam (50%) 1.00 pm to 5.00 pm
Topics. There will be two sessions of 75 minutes each week. We will cover a separate topic in each class.
. A workbin folder will be created for each topic. The readings for that topic will be uploaded into the workbin folder. A Lesson Plan listing the readings for each topic as well as study questions and discussion questions will be uploaded into the same folder. Discussion Problems may be issued for some topics.
. There is no required textbook. Most of the required readings for each topic will be will uploaded into the Workbin Folder for that topic on the IVLE at least one week in advace. The required reading for each topic will be about 30 pages. No additional readings will be expected or required. However, supplementary readings will be uploaded for some topics for those who wish to examine the topic in more depth. Most of the IMO Conventions and other IMO documents which will be required reading will be uploaded into a separate IVLE folder, as will the UN Convention on the Law of the Sea.
Mode of Teaching
. Each class will be an interactive discussion class. All students in the class are expected to read the materials and to participate in the discussion. The discussion in class will be pitched at a level which assumes that everyone in the class has read the materials and thought about the issues for discussion. Students who have not done the readings will find it extremely difficult to follow the discussion.
. Attendance in class is considered compulsory. Every student is expected to attend every class and to be prepared for every class. To make it easier to take attendance, you will be asked to choose a seat during the first class and to sit in that same seat for every class. A name plate with your name will be placed on your assigned seat for each class. If for you are not able to attend a particular a class because of extenuating circumstances, you are expected to notify me in advance via email and give reasons for your absence. If you are unable to do the readings for a particular class because of extenuating circumstances, you are also expected to notify me in advance via email and give reasons why you were not able to prepare.
. The readings for many topics will be taken from the website of the IMO. However, there may be additional readings on the IMO website which students will find useful so students are encouraged to familiarize themselves with the IMO website.
Links to Web sites
. The most important web sites dealing with international regulation of shipping will be listed on the IVLE page for the course. Some websites may be recommended for supplementary reading on particular topics.
Use of IVLE
. I will use the IVLE to make announcements concerning the course, especially if there is a need to deviate from the assigned lesson plan, etc. Therefore, students are expected to check their email and the IVLE announcements regularly.
Writing Assignment - 30% [due Mon after 1 wk break: 2 March 2014 (9.00 am)];
Class Participation - 20%;
4-Hr Take Home Exam - 50% [Friday 17 Apr 2014 - Release at 1 pm; Due at 5.00 pm]
Workload Components : A-B-C-D-E
A: no. of lecture hours per week
B: no. of tutorial hours per week
C: no. of lab hours per week
D: no. of hours for projects, assignments, fieldwork etc per week
E: no. of hours for preparatory work by a student per week
NUS Core Law Curriculum or its equivalent. Students who have completed a course in Law of the Sea or Ocean Law & Policy may have a slight advantage.
Students who are taking or have taken LL4034.