LL.M – Maritime Law

It is a little known fact that a ship can be operated from one country, flagged for operational reasons to another and then has crew from yet another nation. This makes the domain of maritime law more intricate, yet exciting to pursue as a professional.

Topics under the maritime law is extremely varied and challenging which covers a huge range of subjects like salvage, collision liabilities, carriage of passengers, marine pollution liabilities, freezing injunctions, ship arrest, towage contracts, the limitation of liabilities and maritime liens.

An LLM in Maritime Law program would be ideal for students and professionals aiming to specialist in the shipping and maritime domain.

This course would take a student through

The program would also expose students to various aspects of international maritime law and the key subjects would include:

Admiralty Law – where the scope includes acquisitions and transfer of interest in ships; ship mortgages; collisions; salvage; and marine pollution.

International Law of the Sea – which explores the legal framework of a range of activities

Marine Insurance Law – which explores circumstances in which risks to parties, cargo and ships involved in international trade can be covered

International Sales Law

Carriage of Goods by Sea – which would offer insights into maritime law and shipping contracts, charter party agreements, marine environment, marine insurance and a gamut of other topics of relevance which would make you stand out.

Target Audience

The program would interest anyone who has a passion for shipping and the diverse legalities that ships need to comply with not just limited nationally but on an international level.

The course is also aimed to attract those who are already working in the industry but strive to get on to a very exciting and challenging role.

LL.M - Maritime Law – unlimited career prospects

  • Tremendous scope to work for an established law firm which serves big clients
  • Increasing demand for maritime lawyers for trading companies, shipping companies and agencies, insurance companies etc.
  • Increasing business in India of the overseas shipping companies which demands dedicated professionals with knowledge of maritime law
  • Increasing work in the maritime space because of reasons like ship arrest, cargo claims and P and I related work which provides excellent opportunities
  • High rating of Indian lawyers in global maritime sector
  • Growing opportunities to work overseas with P & I clubs and shipping companies
  • A large number of Indian companies setting up overseas companies for chartering and shipping and this would provide great scope to service them or be employed with them

LL.M - Maritime Law – Broad Course Structure 

Semester - 1

Paper 1 Comparative Public Law / System of Governance (Common paper)

  • Scope of the Comparative Study of Public Law or Systems of Governance
  • Nature of the Constitution (Unitary and Federal Constitutions)
  • Principles of Public Law (Rule of Law and Doctrine of Separation of Powers)
  • Principles of Natural Justice
  • Federal Governance (Legislative, Administrative and Financial Relations between the Federal and the Provincial Governments)
  • Forms of Government
  • Judicial System (role of judiciary, judicial review, and doctrine of state action)
  • Liability of State and Administration under the Constitution
  • Civil, Political, and Socio-Economic Rights under the Constitution

Paper 2Law and Justice in Globalised World (Common paper)

  • Introduction
  • Concept of Law and Legal System
  • Concept and Theories of Justice
  • Concept of Global Law and Justice
  • Law as an Argumentative Attitude
  • Issues from Discipline of Indian Constitution Sessions
  • Perspectives of Law and Justice from Economic Globalization
  • International Issues, Organizational Codification, Unification and Harmonization

Paper 3Research Methods and Legal Writing (Common paper)

  • Introduction to Legal Research & Research Methods
  • Identification of Problem
  • Preparation of Research Design
  • Office Management of law firms, Research and Legal Writing
  • Data processing and Report writing

Paper 4International Law and Law of the Sea

  •         The History and Sources of the International Law of the Sea 
  •         Coastal Waters 
  •         Territorial Sea and Contiguous Zone 
  •         The Exclusive Economic Zone 
  •         The Continental Shelf 
  •         The Deep Seabed 
  •         High Seas 
  •         Archipelagic States 
  •         Landlocked and Geographically Disadvantaged States 
  •         Navigational Rights and Freedoms 
  •         International Straits and Archipelagic Navigation 
  •         Military Uses of the Oceans 
  •         Marine Resource Management 
  •         Marine Scientific Research 
  •         Delimitation of Maritime Boundaries 
  •         Maritime Regulation and Enforcement 
  •         Dispute Settlement in the Law of the Sea 
  •         Oceans Governance

Paper 5Trade and Transport Regulation and Carriage of Goods by Sea, Road, Rail, Air and Multimodal Transportation

Introduction
  • The Business of Carriage of Goods
Bills of Lading and Other Documents of Carriage
  • Shipping Documents Issued before Shipment
  • Types of Bills of Lading
  • Other Documents of Carriage
  • Issue and Transfer of Bills of Lading
  • The Bill of Lading as a Receipt for the Goods Shipped
  • The Bill of Lading as Evidence of the Contract of Carriage
  • The Bill of Lading as a Document of Title
  • Third Parties and Bill of Lading Terms
  • The Carriers’ Delivery Obligation
  • Alteration of Delivery Obligations
  • Charterparties and their Relationship with Bills of Lading
  • Paperless Trading
International and Domestic Regulation
  • Domestic Legislation on Cargo Liability
  • International Regulation
  • The Movement to the Hamburg Rules
  • Hybrid Carriage Regimes and International Uniformity
  • The Legal Effect and Interpretation of the Hague and Hague-Visby Rules
  • The Scope and Application of the Hague and Hague-Visby Rules
  • The Scope and Application of the Rotterdam Rules
The Responsibilities of the Shipper
  • Shipper’s Common Law Obligations
  • Freight
  • Shipper’s Obligations and Immunities under International Conventions
The Obligations of the Carrier
  • Seaworthiness
  • Deviation
  • Reasonable Despatch
  • Carriers Obligations under International Conventions
The Rights and Immunities of the Carrier
  • Liens
  • Exclusion of liability under International Conventions
  • Limitation of Liability
Charterparties
  • Voyage Charterparties
  • Laytime and Demurrage in Voyage Charterparties
  • Time Charterparties
Enforcement Issues
    • Frustration
    • Limitation Periods

Semester - 2

Paper 6LAW OF SHIPPING CONTRACTS

  • Marine Casualty
  • Cargo Claims
  • Passenger Claims
  • Arrest and Security
  • Evidence
  • Procedure
  • Foreign Judgments and Awards

Paper 7LAW OF MARINE ENVIRONMENT

  • The Legal Framework for the Marine Environment Protection
  • Principles of International Marine Environmental Law 
  • Pollution and the Marine Environment
  • Land Based Pollution and the Marine Environment 
  • Vessel-source Pollution 
  • The International Control of Ocean Dumping: Navigating from Permissive to Precautionary Shores 
Seabed Activities and the Marine Environment
  • Protecting the Marine Environment of the Deep Seabed 
  • Reconciling Activities on the Extended Continental Shelf with Protection of the Marine Environment
  • Protection of the Marine Environment from Offshore Oil and Gas Activities
  • Protection and Preservation of the Marine Environment from Seabed Mining
    Activities on the Continental Shelf: Perspectives from the Pacific Islands
    Region Protection of Marine Biodiversity
  • Protecting Marine Species
  • Conservation and Sustainable use of Marine Biodiversity in Areas beyond National Jurisdiction: Towards an Implementing Agreement
  • Marine Protected Areas in Areas beyond National Jurisdiction
  • Environmental Assessment in Marine Areas beyond National Jurisdiction
  • Marine Scientific Research and the Protection of the Seas and Oceans Regional Approaches
  • Forty Years of the UNEP Regional Seas Programme: From Past to Future
  • Protecting Polar Environments: Coherency in Regulating Arctic Shipping
  • Large Marine Ecosystems and Associated New Approaches to Regional, Transboundary and ‘High Seas’ Management 
  • Towards a Regional Regime for the Establishment of a Network of Marine Protected Areas in the South China Sea 
Climate Change and Marine Environment
  • Ocean Acidification 
  • Geoengineering and the Marine Environment

Paper 8LAW OF MARINE INSURANCE

  • Introduction to Marine Insurance
  • Formation of Insurance Contracts
  • Insurable Interest
  • Duty of Utmost Good Faith
  • Warranties
  • Premium

Paper 9LAW OF MARITIME DISPUTE RESOLUTION

  • Jurisdiction and Procedure
  • Civil and Common Law Views of Jurisdiction
  • Admiralty Jurisdiction in Rem and in Personam
  • Quasi in Rem Jurisdiction – The Attachment
  • Mareva Injunctions, Forum Non Conveniens, Anti-Suit Injunctions, Anton Piller Orders, Maxwell Orders and Related Procedures
  • International Maritime Jurisdiction
  • Jurisdiction – Admiralty
  • Domestic and Foreign Sovereign Immunity
  • Arbitration
  • Special Legislative Rights, Maritime Liens, Mortgages and Claims
  • Introduction – Security under Maritime Law
  • Historical Evolution Maritime Security Law
  • Types of Maritime Security
  • Security through Retention
  • Brief History of Maritime and Admiralty Law
  • Maritime Transportation in World Development
  • Evolution of Maritime and Admiralty Law
  • Maritime and Admiralty Law – the Constituent Parts
  • Basic Contracts of Maritime Transportation
  • Basic Themes in Maritime and Admiralty Law
  • Private and Public Maritime and Admiralty Law
  • Law of the Sea and International Maritime Instruments
  • International Judicial Organs: ICJ, ITLOS
  • Courts and Tribunals at Regional Levels

Note: Syllabus is tentative and may be modified by subject Faculty.

Student Exchange programme at Erasmus University, Rotterdam, Netherlands

A portion of the syllabus in second semester will be taught at the Erasmus University, Rotterdam, Netherlands. GMU shall organize a 2 weeks international study tour for students desirous of getting international exposure while pursuing the Masters’ programme. This is one of a kind offering in India, especially in the Maritime sector where students get an international experience of academics as well as industry combined. Erasmus University is amongst the top rated Universities offering Maritime related courses. We are proud to announce that.

Fees

Type of Fees Amount
One Time
Admission Fee ₹ 2000
General Security Deposit ₹ 10000
Total (One time) ₹ 12000
Annual
Tuition Fee for Indian National ₹ 70000
Tuition Fee for NRI & Foreign National 4000 USD
Infrastructure Maintenance Fee ₹ 16500
Examination Fee ₹ 6000
Academic facility Fee
(Library, Computer, Internet, Moot Court, Training, etc.)
₹ 12000
Hall of Residence, Mess and other related Fees (facility not provided during vacation period, rooms are provided on sharing basis)
Applicable to candidates of LL.M General Mode only.
₹ 60500
Extra-Curricular, Adventure, Sports and Gymnasium, Social and Cultural Activities, Welfare Fee ₹ 3000
Total {Including Mess Charges} ₹ 180000/-
Total (NRI & Foreign National) {including Mess Charges} ₹ 110000/-+ 4000 USD