| Basic
Principles of Maritime Law for
Ship Brokers and Agents |
|
Instructor
|
|
Professor
Jeffrey A. Weiss
|
| Professor
of Maritime Law, S.U.N.Y Maritime College, Graduate Division; maritime
attorney and marine arbitrator |
|
|
Maritime
law regulates the business of carrying cargo and passengers by sea. It
is one of the world’s oldest bodies of law, its beginnings arising out
of commerce between ancient lands bordering the Mediterranean Sea. |
This
distance learning / internet based course provides an introduction to
aspects of maritime law of particular interest to the ship broker and/
or agent. We hope that a better understanding of relevant aspects of maritime
law will enable you to more profitably service your principals.
|
Reading
Materials
|
|
Lectures
on the ASBA MLO Web Page.
|
|
Textbook
to be Purchased by Students
|
|
Admiralty
and Maritime Law, 2nd Ed.
by T. Schoenbaum (West Publications – Hornbook Edition). - (Available
from Amazon.com)
|
|
| Method |
Course Commencement
|
| Twelve
Weeks Duration Upon registration, each student will be provided with his/her
password for purposes of logging on to the ASBA continuing education web
page. Learning will be asynchronous. Each student will select his/her
time for attending the "virtual" class every two weeks (by reading classroom
lectures). Each student must also read the textbook and other more traditional
reading materials. Students will be required to ask questions of the course
instructor via the ASBA web based bulletin board. Questions and answers
are viewable by all registrants. ASBA will award a certificate upon satisfactory
completion of the program. |
| Topic
Outline |
|
|
Week
1 - 2 |
|
Introduction
to Maritime Law and its Procedure
|
| Constitution
and Statutory Basis of Admiralty Jurisdiction, |
| Admiralty
Jurisdiction: General Considerations, |
| The
Sources of Maritime Law, |
| Unique
Aspects of the Maritime Law, |
| The
Role of the Federal Court, |
| Maritime
Arbitration. |
|
| |
|
|
Week
3 - 4 |
| Carriage
Within the Context of International Trade, |
| Common
Carriage and Private Carriage, |
| The
Contract of Affreightment, |
| Fundamentals
of Freight, |
| The
Role of Freight Forwarders, Agents, and other Transport Intermediaries,
|
| Bills
of Lading: Applicable Laws, Function and Use, |
| Himalaya
Clauses |
| International
Conventions Relating to Carriage of Goods by Sea. |
|
| |
|
|
Week
5 - 6 |
| Coverage
and Application of COGSA and Harter Act, |
| Carrier’s
Responsibility before Loading and After Discharge, |
| Delivery
of Cargo, |
| Deck
Cargo and Other Excluded Cargoes, |
| Exoneration
Clauses, |
| The
Shipper’s Prima Facie Case, |
| Burdens
of Proof and Presumptions, |
| The
Duty of the Carrier to Make the Vessel Seaworthy, |
| The
Carrier’s Duty, to Properly Load, Handle, etc, |
| Neglect
of the Carrier in Navigation or Management, etc., |
|
Fire, Perils of the Sea, Act of God, Act of War, Public Enemies
etc., |
| Faults
of the Shipper, |
| Deviation
and Fundamental Breach, |
| Limitation
of Liability and the Package Problem. |
|
| |
|
|
Week
7 - 8
|
| Charter
Party Law and Practice, |
| Charter
Party Forms and Functions, |
| Charter
Party Fixtures, |
| The
Demise Charter, |
| The
Voyage Charter, |
| The
Time Charter, |
| Obligation
to Provide a Seaworthy Vessel, |
| Care
of the Ship and Redelivery, |
| Safe
Ports and Berths, |
| Freight,
Hire and the Off Hire Clause, |
| Prosecution
of the Voyage, |
| Loading
and Discharge, Laytime, etc, |
| Frustration
and Commercial Impracticality. |
|
| |
|
|
Week
9 - 10
|
| Maritime
Liens, Nature, Creation and Acquisition |
| Liens
for Necessaries, |
| Foreclosure
and Priority of Claims, |
| Discharge
and Extinction of Liens; |
| Rule
C Arrest |
| Rule
B Attachment |
| Your
Agency fees; Brokerage Commissions, etc. |
|
| |
|
|
Week
11 - 12
|
| Basic
Principles (of G.A.), |
| G.A.
Procedure and Calculation. |
| Elements
of Salvage, |
| Property
Subject to Salvage, |
| The
Salvage Award, |
| Pure
Salvage, Contract Salvage, LOF |
| Law
of Finds |
| Additional
topics of interest. |
|
