Module Details
Module Code: |
NAUT8006 |
Title: |
Maritime Law
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Long Title:
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Maritime Law
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NFQ Level: |
Advanced |
Valid From: |
Semester 1 - 2014/15 ( September 2014 ) |
Field of Study: |
5253 - Nautical Science
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Module Description: |
This module provides the student with the knowledge of International Maritime Law for its practical application in marine administration, superintendence, and enforcement.
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Learning Outcomes |
On successful completion of this module the learner will be able to: |
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Learning Outcome Description |
LO1 |
Compare the domestic and international law responsibilities in the different zones of authority at sea as provided for by UNCLOS. |
LO2 |
Analyse the importance of correct legal procedures in the pursuit of operational goals relating to maritime interception/interdiction in law enforcement at sea. |
LO3 |
Analyse the major international conventions governing innocent and transit passage, the general principles of the law of naval warfare, basic Rules of Engagement for hypothetical situations based on the principles learned. |
LO4 |
Examine the security and safety of ships and port facilities. |
LO5 |
Analyse the role of the EU Common Fisheries Policy on fisheries superintendence both ashore and afloat and the importance of correct legal procedures in implementing the enforcement side of the CFP. |
Dependencies |
Module Recommendations
This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
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Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
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No incompatible modules listed |
Co-requisite Modules
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No Co-requisite modules listed |
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
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No requirements listed |
Indicative Content |
Development of Law of the Sea
Development of Law of the Sea
The history and development of the Law of the Sea, Grotius, Seldon – mare clausum, mare libere. Codification of maritime law in UNCLOS III 1982. Ireland’s role in UNCLOS I, II and III. Legal division of seas into maritime zones per UNCLOS III – Baselines, Internal Waters, Territorial Seas, Contiguous Zones, Exclusive Economic Zone, High Seas, The Area, Continental Shelf. Maritime zones as areas of national and international jurisdiction – jurisdiction in national and international law. Jurisdictional disputes at sea. Conflicting territorial claims between countries - Case study: Rockall. Expansion of national maritime claims - Case study: ‘The real map of Ireland’ - Ireland’s Increased maritime limits per Art 76 UNCLOS. The IMO and the UN's role in the development and ongoing codification of maritime law - SOLAS, UNCLOS.
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Maritime Law Enforcement
Interception/Interdiction Operations
UNCLOS provisions on maritime law enforcement, the importance of the legal definition of ‘warship’ in law of the sea. International treaty law amending maritime law enforcement. Right of ‘Approach and Visit’; ‘Hot Pursuit’, Consensual/non-consensual boardings and related concepts in terms of jurisdiction and maritime zones in domestic and international law. Case study: ITLOS MV Saiga; INS and ANS ‘Hot Pursuit’ operations highlighting the importance of correct legal procedures being followed.
Piracy and the Slave Trade/People Trafficking in terms of international law. Case study: ‘Operation Atalanta’, international piracy and slave trade incidents, highlighting legal aspects. Impact of ECHR on detention operations and pirates, non refoulement.
Narcotic interdiction – UNCLOS, The Vienna Convention and related national legislation including the Criminal Justice Act 1994 (as amended), the role of the JTF on narcotics, powers of enforcement for the Garda Siochana, C&E and the Naval Service. The legislative approaches by the different agencies. Case studies: Brime, Lucky Day, Dances with Waves - NS drugs interdiction operations, highlighting the importance of the correct legal procedures being followed.
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The Law of Military Operations at Sea.
Warships and innocent and transit passage, area of naval operations and navigational rights. General principles of the law of naval warfare - Law of Armed Conflict, the Hague Conventions, the Geneva Conventions. Rules of Engagement: prohibitive and permissive, maritime exclusion zones. Case Study: Rules of Engagement in the Falklands War, USS Vincennes and USS Cole. Specially protected enemy vessels and aircraft, means and methods of naval warfare, economic warfare at sea.
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Safety and Security of Ships and Ports
UNCLOS provisions on safety at sea, force majeure ports of refuge. Analysis of the MARPOL regulations, pollution control at sea. Case Study: Braer, Erika, Prestige. Introduction to law of maritime salvage, Lloyds’ Open Forms, contractual/non-contractual salvage. Ports of Refuge, impact of domestic vs. international law. Case Study: A.C.T. Shipping, Irish High Court. The role of the IMO and EU, Bonn Agreement. SAR at sea, The Irish Maritime Safety Act. The Irish Coast Guard role in SAR, Irish Maritime SAR zone. SAR NS case studies - Air India. Port Security requirements in the modern era, ISPSS Code, Rome Convention and SUA, PSI. Ship security requirements in the modern era – Irish Maritime Security Act. Security categories and actions in emergency. Principles of the provision of national security by naval forces.
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Fishery Superintendence and Contro;
Jurisdictional limits and zones relevant to fisheries. The Common Fisheries Policy. Legal aspects of inspection and detention procedures. The legal requirements and duties of the Fisheries Monitoring Centre. Harassment incidents at sea.
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Module Content & Assessment
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Assessment Breakdown | % |
Coursework | 100.00% |
Assessments
No End of Module Formal Examination |
Reassessment Requirement |
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
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The University reserves the right to alter the nature and timings of assessment
Module Workload
Workload: Full Time |
Workload Type |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
Contact |
Thoery |
Every Week |
3.00 |
3 |
Independent & Directed Learning (Non-contact) |
Non Contact |
Self Study |
Every Week |
4.00 |
4 |
Total Hours |
7.00 |
Total Weekly Learner Workload |
7.00 |
Total Weekly Contact Hours |
3.00 |
This module has no Part Time workload. |
Module Resources
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Recommended Book Resources |
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Clive Symonds. Ireland and the Law of the Sea, 2nd..
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R.R. Curchill & A.V. Lowe. The Law of the Sea, 3rd..
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UNCLOS III (1982).
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Symmons, C. Selected Contemporary Issues in the Law of the Sea (2011.
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(1995), San Remo Manual on international Law Applicable to Armed Conflicts at Sea.
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(2008), NS Guide to the Law of Maritime Operations.
| Supplementary Book Resources |
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James Cable. Diplomacy at Sea.
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James Cable. Gunboat Diplomacy.
| Recommended Article/Paper Resources |
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Guilfoyle,D.. (2009), Shipping Interdiction and the Law of the
Sea.
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Poulantzas, N. The Right of Hot Pursuit in
International Law.
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Ringbom, H.. (2008), The EU Maritime Safety Policy and
International Law.
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Kraska, J. (2010), Contemporary Maritime Piracy,
International Law, Strategy and
Diplomacy at Sea,.
| This module does not have any other resources |
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