ONE YEAR ADVANCED DIPLOMA IN MARITIME LAWS

SEMESTER – II

1.2.4. MARITIME LAWS OF INDIA

MODULE I – DOMESTIC IMPLEMENTATION OF INTERNATIONAL MARITIME LAW IN INDIA

Introduction; Issues and Perspectives on International Law; Relation between International Law and Domestic Law; India and International Law; The Indian Constitution and International Law; Treaty making and implementation in India; Indian Judiciary and International Law; History and Development of International Maritime Law; Historical Evolution of Maritime Law in India.

MODULE-II - MARITIME GOVERNANCE IN INDIA

Governance of Ports, Shipping and Waterways; Ministry of Ports,Shipping and Waterways; Organisation Setup; Subordinate/Attached Offices; Societies/Association; Divisions under the ministry; Latest Developments and Statistics.

MODULE-III – MAJOR IMPORTANT MARITIME LEGISLATIONS IN INDIA

Merchant Shipping Act, 1958; The Indian Carriage Of Goods By Sea Act, 1925; Multi Modal Transportation Of Goods Act, 1993; Major port Trust Act, 1963; The Inland Vessels Act, 1917; Maritime Zones Of India (Regulation Of Fishery By Foreign Vessels) Act, 1981; Territorial Waters, Continental Shelf, Exclusive Economic Zones And Maritime Zones Act, 1976; The Admiralty (Jurisdiction and Settlement of Maritime claims) Act, 2017; Major Ports Authorities Bill, 2020.

MODULE - IV – MISCELLANEOUS MARITIME LEGISLATION IN INDIA

The National Waterways Act, 2016; Marine Insurance Act, 1963; The Indian Ports Act, 1908; Safety Of Maritime Navigation And Fixed Platforms On Continental Shelf Act, 2002; The Marine Products Exports Development Act, 1972; The Indian Fisheries Act; Coastal Aqua culture authority Act, 2005; New Deep Sea Fishing Policy, 1991; Marine Fishing Policy; Coastal Berth Scheme; Sagarmala Funding guidelines; Maritime piracy Bill 2012; Marine Fisheries (Regulation and Management) Bill, 2019.

MODULE - V - OTHER SUPPLEMENTARY LAWS RELATING TO MARITIME TRADE AND SECURITY

Navy Act; Coast Guard Act, laws relating to marine policing; Bills of lading, Carriage of Goods Act, latest government policies; Anti-piracy laws.

1.2.5 INTERNATIONAL TRADE AND MARINE TRANSPORT SERVICES

MODULE I – INTERNATIONAL TRADE AND IMPORTANCE OF MARITIME TRANSPORT AND THE ROLE OF INTERNATIONAL INSTITUTIONS IN MARITIME TRANSPORT

Introduction to International Trade Law; Role of Maritime Transport in International Trade; International Maritime Transport and its Growing Role in the Global Economy; Maritime Transport Services in the World Economy; Maritime Transport Services in the Indian Economy; History and Development of International Trade Law; Role of Trade Theories in Development of International Trade Law; Basic Principles and Concepts of International Trade Law; International Trade Law and Financial Institutions: IMF and IBRD.

MODULE II – WTO, GATS AND INTERNATIONAL TRADE

International Trade and the General Agreement on Trade and Tariffs (GATT); WTO - International Trade Negotiations at a Glance; General Agreement on Trade in Services (GATS).

MODULE III – INTERNATIONAL SHIPPING AND ROLE OF PORTS

Carriage of Goods by Sea; Contract of Carriage of Goods by Sea; International Regulations for the Carriage of Goods by Sea; Technologies used in Maritime Transportation; International Shipping; Right of Ships of Access to Ports.

MODULE IV- INDIA AND MARITIME TRADE

Introduction; Historical Aspects of International Trade and Role of Maritime Transportation; Regulatory Framework of Shipping Industry in India; Ports in India; Shipping and Port Operations in India; Shipbuilding, Ship Repair and Ship Scrapping in India; India and GATS.

MODULE V- BILLS OF LADING

Introduction to Bills of Lading; The Functions of the Bill of Lading; Presentation of Bills of Lading; Electronic Bills of Lading; Switch Bills of Lading; Bills of Lading issues under Charterparties; Rules relating to Bill of Lading; Charterparty Agreements.

MODULE- VI - IMPACT OF COVID-19 ON MARITIME TRADE AND MARITIME INDUSTRY AS A WHOLE

The doctrines of Force Majeure and rebus sic stantibus; General impact of Covid-19 on the Shipping Industry; Covid-19 and International Maritime Trade; Covid-19 and Shipping Industry: Emerging Legal issues; Persons at sea, International Law and Covid-19; Impact of Covid-19 on Shipping Industry: An analysis by ILO; Impact of Covid-19: The global scenario and Indian Scenario.

1.2.6 MARITIME DISPUTES RESOLUTION

MODULE-I - BOUNDARY DISPUTES AND JURISDICTION

Disputes and kinds of disputes: Introduction; classification and demarcation of boundaries; International maritime boundary disputes; jurisdictional issues; Regional maritime boundary disputes.

MODULE -II- SETTLEMENT OF INTERNATIONAL MARITIME DISPUTES

The Settlement of Disputes Mechanism in the Law of the Sea Convention; Choice Of Forum: Does It Make A Difference?; Arbitration versus Judicial Settlement; Provisional Measures and Prompt Release of Vessels and Crews; Annex VII of the UNCLOS: A Bridge between the UNCLOS and the PCA; Non-Appearance of Parties; Dealing with Substantial Issues in Maritime Disputes; Settlement of Seabed Disputes; Effectiveness of the UNCLOS dispute settlement regime.

MODULE- III - DISPUTE SETTLEMENT UNDER VARIOUS INTERNATIONAL INSTITUTIONS

functions, composition, role of PCA; PCIJ; ICJ; ITLOS; IMO and settlement of maritime disputes.

MODULE IV – INTERNATIONAL MARITIME TRADE AND DISPUTE SETTLEMENT MECHANISMS

GATT Dispute Settlement (1948-1995); The WTO Dispute Settlement Understanding; WTO Dispute Settlement to Date; Object and Purpose of the WTO Dispute Settlement System; Jurisdiction; Access to WTO Dispute Settlement; Institutions of WTO Dispute Settlement; WTO Dispute Settlement Proceedings; Remedies for Breach of WTO Law; Developing Country Members and Dispute Settlement System; Negotiations on the Dispute Settlement System; Cases on Maritime Transportation under WTO DSU.

MODULE V - OTHER MODES OF DISPUTE SETTLEMENT

ADR and ODR Methods for Maritime Disputes; Maritime Dispute Negotiations; Mediation; Arbitration; Mediation; Arbitration.

MODULE VI- MARITIME LAWS AND DISPUTE SETTLEMENT IN INDIA

History and Admiralty Jurisdiction of the High CourtsCourts and their jurisdiction; Enforcement of Foreign Judgments In India; Alternative Dispute Resolution methods in Maritime Law; Indian Maritime Disputes and its Neighboring Countries.