2-YEAR M.A. (MARITIME LAWS)

SEMESTER – I

1.1.1 GENERAL PRINCIPLES OF LAW

MODULE I - INTRODUCTION TO LAW - Why Study Law?; Nature and Sources of Law; Meaning, Classification and Theories of Law; Sources of Law and Operative Tools; Law Reforms; Classification of Global Legal Systems; Common law and Civil law system; Religious and Customary Legal System; Legal System amongst International Institutions and countries inter se; Impact of globalisation on legal systems.

MODULE II – CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW - Constitution of India; Features of the Indian Constitution; Preamble of the Indian Constitution; Fundamental Rights and Directive Principles of State Policy; Fundamental Duties; Relationship between Union & State; Emergency; Amendment Provision; Fundamental Principles of Constitutional Law; Administrative Law; Definition and Nature; Relationship between Administrative Law and Constitutional Law; Classification of Administrative Action; Doctrine of Separation of Powers; Rule of Law, Principle of Natural Justice and Delegated Legislation; Administrative Discretion and its Judicial Control; Administrative Adjudication and Administrative Tribunals; Judicial Control of Administrative Action; Administrative Framework of Aviation Sector in India.

MODULE III: INDIAN JUDICIAL AND LEGAL SYSTEM- Legal Theory and Doctrine of Separation of Powers; Historical Evolution of the Indian Legal System; Functions of Judiciary and its Importance; Appointment, Transfer and Removal of Judges; Judicial Courts and Procedures; Quasi-Judicial Framework; Indian Judiciary under the Indian Constitution; Public Interest Litigation; E-Courts and Virtual Courts; Recent Landmark Judgments.

MODULE IV – DISPUTE SETTLEMENT: THE ROLE OF ADR, ODR AND PEACEFUL SETTLEMENTS OF DISPUTES - Alternate Dispute Resolution; Importance of ADR; Provisions related to ADR; Modes of ADR – Arbitration, Mediation, Conciliation and Lok Adalat; Requirement of ADR in Intellectual Property Disputes; Online Dispute Resolution; Definition and Nature;Forms of ODR; Challenges in online mediation.

MODULE V – INTERFACE BETWEEN LAW AND TECHNOLOGY - Evolution of Technology including Fourth Industrial Revolution; Pros and Cons of Fourth Industrial Revolution; Traditional and Modern New Technologies and Legal Issues; New and Emerging Technologies and its Legal Issues; NET and State Sovereignty, State Jurisdiction and State Responsibility; Implementation of NET/ NEST in India; General Legal issues in Application of Technologies; Trade, Property Rights, Law and Technology.

MODULE VI- LEGAL RESEARCH METHODOLOGY AND PROJECT WRITING TECHNIQUES - Legal Research; Imperatives of research; Chapter Outline; Citing Cases; Internet Citation Formats; Footnotes.

1.1.2. INTERNATIONAL MARITIME LAWS

MODULE -I - INTRODUCTION TO INTERNATIONAL LAW - Definition, Nature, Scope and Development of International Law; Sources of International Law; Subjects of International Law; Relation Between International Law and Municipal Law.

MODULE-II- MARITIME GEOGRAPHY - Introduction; Shipping history; Types of ships and ports.

MODULE III- INTERNATIONAL MARITIME LAW AND LAW OF THE SEA CONVENTION - The Origins of the Law of the Sea; Customary International Law of the Sea; Common Heritage of Mankind; Attempts at Codification of the Law of the Sea - League of the Nation, The United Nations: A New Era of Codification, The Conferences of the XXth Century, United Nations Convention on Law of the Seas, III (UNCLOS) - extension of jurisdiction of sovereign states, territorial zone, contagious son, EEZ, high seas, contentital shelf and seabed authority; United Nations and International Maritime Law; Specialized Bodies Established by UNCLOS.

MODULE- IV- IMO AND INTERNATIONAL MARITIME ORGANISATIONS - Introduction, History, Purpose and Functions of IMO; Admission and Membership to IMO; Instruments and Organizational Structure of IMO; Chief Activities of IMO; IMO’s Contribution to International Maritime Law; Intergovernmental Maritime Organizations - The International Maritime Organization, UNCTAD, UNCITRAL, ILO-JMC, IMSO, IHO; International Non-Governmental Maritime Organizations.

MODULE-V - INTERNATIONAL MARITIME LAW AND INTERNATIONAL TREATIES - International Convention for the Safety Of Life at Sea (SOLAS), 1974; International Convention for the Prevention of Pollution from Ships (MARPOL); International Convention on Standards of Training, Certification and Watch-keeping for Seafarers (STCW); Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGS); Convention on Facilitation of International Maritime Traffic (FAL); International Convention on Maritime Search and Rescue (SAR); Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, Protocol for the Suppression Of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf; International Convention for Safe Containers (CSC); International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969; Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter; International Convention on Oil Pollution Preparedness, Response and Co-Operation (OPRC); International Convention on Civil Liability for Oil Pollution Damage (CLC); Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea (PAL); Convention on Limitation of Liability for Maritime Claims (LLMC); International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS); International Convention on Tonnage Measurement of Ships; International Convention on Salvage; Treaties and Conventions on IUU Fishing; Conventions and treaties on undersea cables.

1.1.3. MARITIME SECURITY AND SAFETY

MODULE-I: CONCEPT OF SECURITY - Definition, nature and scope of security; Theories relating to security and International Relations; Schools of security studies.

MODULE-II INTRODUCTION TO MARITIME SECURITY REGIME - Introduction; What is “Maritime Security Law”?; The Protean Nature of Maritime Security Law; The Influence of Law on Sea Power; Influence of Law on Maritime Security; Building a Public Order of the Oceans; From Westphalia to Montego Bay; Building a Global Maritime Partnership; Geopolitical importance of marine Industry in International Relations; Maritime Diplomacy and cooperation.

MODULE - III – INTELLIGENCE GATHERING & INFORMATION SHARING IN MARINE SECURITY - Maritime Domain Area Awareness; Intelligence Gathering as a Military Activity; Monitoring the movement of ships; Seafarers; Information Sharing and Law Enforcement; Multinational forces; Underwater communication cables and its strategic importance.

MODULE - IV - ARMED CONFLICT & NAVAL WARFARE - Law of the Sea during Armed Conflicts; UN Charter and Armed Conflict; Law of Naval Warfare; International Law of Maritime Security: Proposal for Change.

MODULE- V - MARITIME SECURITY IN INDIA AND INDIAN OCEAN REGION - Need to protect territory on sea; strategic advantage of India; threats to maritime security of India; role of Navy and coast guards in maritime security; India’s Maritime Security Regime; Passage of Warships; Military Activities beyond the Territorial Seas; Military Activities in EEZ; Military Activities on High Seas; nature of security in IOR; Role of Asian countries in maintaining peace in IOR; Need of India to secure IOR; Strategic advantage in IOR; Relation between IOR and Paciffic Region; Coastal Security Police Force.

MODULE-VI - MARITIME CYBER SECURITY AND SAFETY MANAGEMENT - Introduction; Importance of cyber security in marine Industry; difference between IT and OT systems; procedural protection measures; respond to and recover from cyber security incidents.