2-YEAR M.A. (MARITIME LAWS)

SEMESTER – IV

2.4.11. MARITIME CRIMES AND JURISDICTIONAL ISSUES

MODULE-I: INTRODUCTION TO CRIMES - Definition; nature and scope; characteristics of crime; theories of criminal law; classification and categorisation of crimes; difference between criminal and civil law; punishments; crimes in international law; jurisdiction of international crimes.

MODULE- II: MARITIME CRIMES - Introduction; nature and types of maritime crimes; jurisdiction of maritime crimes; issues in execution of judgements and orders.

MODULE- III - PIRACY - genealogy of piracy; contemporary piracy in south Asia; Atlantic and pacific region; International law on piracy; jurisdiction.

MODULE-IV - TRAFFICKING - Global Authorities to Counter Drug Trafficking; International Law and the Trade in Illegal Drugs; The Multilateral Treaty Framework;Illicit Traffic by Sea; International Maritime Organization; Maritime Trafficking; UN Basic Principles on the Use of Force; Regional Authorities to Counter Drug Trafficking; Regional Cooperation in Countering Maritime Drug Trafficking; Migrant Smuggling at Sea; Transnational Threat of Irregular Migration; Migrant Smuggling Protocol; IMO Initiatives; Duty to Assist; Salvage Conventions; International Convention for the Safety of Life at Sea.

MODULE-V - MARITIME TERRORISM AND WEAPONS OF MASS DESTRUCTION AT SEA - Prevalence of Maritime Terrorism; Palestine Liberation Front and the Achille Lauro; Sri Lanka and the Tamil Tigers; Al Qaeda and the USS Cole; Non-Proliferation Treaty; North Korea; Is the NPT Viable?; Coastal State and Flag State Jurisdiction; Coastal State Authorities; Exclusive Flag State Jurisdiction; Stateless Vessels; Cases on the Use of Force in Ship boarding.

MODULE- VI - OTHER MARITIME CRIMES - Unauthorised entry; smuggling exotic plants and animals; illegal carrying of weapons and artillery; tax evasion; sailing or fishing in unauthorised areas; discharging in ocean waters.

2.4.12. MARINE ENVIRONMENTAL LAWS

MODULE-I - INTRODUCTION TO ENVIRONMENTAL LAWS - Introduction; international environmental laws; relevance of marine environmental laws; state jurisdiction in relation to the protection and preservation of the marine environment.

MODULE-II - PREVENTION OF MARINE POLLUTION - Marine Protected Areas; Pollution in the marine environment, Principles for marine environmental policy making and legislation, pollution from ships; MARPOL; pollution from dumping; pollution from seabed activities; impact of offshore extractive industries; regulation of land based marine pollution; pollution of the marine environment from or through atmosphere.

MODULE-III - RESPONSE TO MARINE POLLUTION CASUALTIES - Conventions relating to pollution incident preparedness, response and cooperation; international and regional frameworks; intervention on the high seas in case of pollution casualties.

MODULE- IV - LIABILITY AND COMPENSATION FOR POLLUTION DAMAGE - liability and compensation for ship-source pollution; development of international regimes; regime relating to tanker oil spills; liability for hazardous and noxious substances.

MODULE-V - INTERNATIONAL AND REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT - Protection of global commons -High seas, Outer space, Antarctic and Artic and environmental Issues; UN-SDG and fight against marine pollution; Regional sea programme; role of UNEP; development and governance; overview of regional seas action plans, conventions and protocols, institutional arrangements and financial arrangements.

MODULE-VI - CONTEMPORARY ISSUES AND DEVELOPMENTS - Introduction; use of advanced technologies in combatting marine pollution; Climate Change and Maritime Laws, effects of deep sea mining on marine environment, Protection of Southern Ocean and Northern Ocean and its issues; case studies.

2.4.13. Dissertation

Guidelines for Dissertation

The main objective of the dissertation component is to assess the research and writing skills of the candidates as well as to provide a platform for creative legal scholarship and can subsequently be refined and submitted for publication in scholarly journals or even serve as the basis for full-length thesis in doctoral programmes.

a) Selection of topic and submission of the proposal

The candidates are free to select their Dissertation Topic but it should be relevant to their field of course.

For the purposes of finalization of the Dissertation Topics, the candidates are required to submit 1000 words Dissertation Proposal indicating the proposed Research Scheme.

Upon scrutinizing the Research Scheme, the Course-Coordinator will either approve or reject the proposal. In the event of rejection / modification of the proposed Research Scheme, the candidates will have to re-submit another Research Proposal incorporating the suggested changes within a stipulated time fixed by the Course-Coordinator.

b) Length and format of the Dissertation

The length of the dissertation should normally be between 80-100 pages and should include

• Cover Page
• Certificate signed by the Supervisor
• Declaration signed by Student
• Acknowledgements
• Table of Contents
• Index of Authorities (Statutes / Judgments / Other official sources)
• List of Abbreviations (if required)
• Introduction
• Methodology (Objectives – Scope and Limitations – Sources – Research Questions)
• Main body of dissertation (Divided down into Chapters or Parts)
• Conclusion
• Bibliography (Books – Scholarly articles – Articles from news sources – Internet sources)

c) Submission of dissertation

The candidates are required to submit to the Supervisor a rough draft initially for his/her suggestions/modifications. After incorporating the suggestions/ modifications as suggested by the Supervisor, the candidate should submit two copies of the Dissertation before the deadline notified by the University from time to time.

Evaluation of Dissertation

The written Dissertation will carry a total of 150 marks which will be followed by a Viva-voce examination carrying 50 marks. Dissertation shall be evaluated by one examiner and if a student secures a minimum of 50% marks in the written report, he/she may be called for viva-voce examination. In total, a student should secure a minimum of 50% marks in the Dissertation including the written report and viva-voce examination.