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Tulane Law School



Courses will be held Monday through Friday mornings at the Sheraton Hotel. Each course will have 13 meetings for 55 minutes. Exams will be held on Friday, June 16 during the regularly scheduled course time. Exams will be one hour, anonymously graded, written examinations, subject to the provisions imposed by the Tulane University Law School Honor Code. Students should not plan to depart from Rhodes until the afternoon of June 16 as exams cannot be rescheduled. Students may earn a maximum of four credit hours in the three week session. The Sheraton facilities are accessible to students with disabilities. All courses will be taught in English.

Course Descriptions

International Conventions and Maritime Law, Prof. Davies (one credit)

There are many international conventions (multilateral treaties) that govern aspects of maritime law. As a consequence, there is considerable international uniformity of the principles governing maritime law disputes. However, some conventions are amended by subsequent protocols, which are not uniformly adopted by the countries that adopted the original conventions. The United States is party to some, but not all of the international conventions, having chosen to follow its own path with domestic legislation on such matters as oil pollution and limitation of liability. Differences between versions of international conventions create the possibility of forum shopping by claimants or defendants seeking the most favorable country for their dispute to be heard. This course will consider the most important international conventions on maritime law (in outline), the differences (where they exist) between U.S. domestic maritime law and the international conventions, and some of the forum shopping techniques commonly used.

Maritime Personal Injury, Judge deGravelles (one credit)

Comparative analysis of laws governing maritime torts with emphasis on seamen's remedies for personal injuries and death. The course covers the three main seamen's remedies: maintenance and cure, unseaworthiness and the Jones Act. In addition, attention is given to the tort remedies of those covered under the Longshore and Harbor Workers' Compensation Act as well as the Outer Continental Shelf Lands Act and of non-workers. Maritime jurisdiction, conflicts of laws and the rights of foreign seamen in American courts are also addressed.

Arbitration: Maritime Law and Law of the Sea, Prof. Dodson & Prof. Mahmoudi (one credit)

Arbitration: Maritime Law: Prof. Dodson

The arbitration of maritime disputes is one of the earliest examples of a formal arbitration process that is widely used throughout the world today. This course will first review leading United USpreme Court decisions that establish the basic rules governing arbitrations and then it will address yhe topics of Arbitration Agreement: Parties and Scope; Enforcement and Waiver, Enforcement of the Convention on the recognition and Enforcement of Foreign Arbitral Awards; Arrest, Attachment and Jurisdictional Issues; Consolidation, Discovert and Interest; The Arbitrator, Challenges to the Award; Res Judicata and Collateral eEstoppel. There will also be a discussion of the New York Arbitration Convention. References will be made to the rules of the Society of Maritime Arbitrators and to London Arbitration. 

Arbitration: Law of the Sea: Prof. Mahmoudi

Arbitration of international disputes in the context of the Law of the Sea is becoming ever more important. In contrast to "Arbitration: Maritime Law," this second segment of the course thus focuses on arbitration of maritime disputes between states in accordance with applicable rules of public international law and, in particular, the Law of the Sea. The course will discuss the basic provisions of the United Nations Convention on the Law of the Sea regarding dispute settlement in general and international arbitration in particular. It will then review some of the recent headline-making arbitration cases, including The Arctic Sunrise (the Netherlands v. Russia) and The Philippines v. China proceedings (related to China's controversial claims in respect of the South China Sea).

Marine Insurance, Prof. Gürses (one credit)

The English Marine Insurance Act 1906 codified general principles that had been established by English courts in over 2000 cases. The Act has since served as a piece of model legislation for a number of countries, including China, Australia, Singapore, Hong Kong and New Zealand. Standard clauses produced by the London Underwriters are regularly incorporated worldwide into marine insurance contracts. London insurers moreover underwrite risks not only in England but a around the globe. This course will review theses general principles and clauses as they apply to marine insurance contracts, including placing insurance in the London Market; the duty of good faith; terms in the marine insurance (warranties and conditions); marine insurance losses, causation and marine perils; and standard clauses incorporated in cargo and hull insurance policies. It will do this by offering a comparative perspective (English/US/Scandinavian) on the topics covered. 

Vessel Documentation and Finance, Prof. Kling (one credit)

Students in this course work with materials concerning the documentation and financing of vessels. Some prior knowledge of maritime law, commercial law and security rights is recommended. The course is a practical course, with emphasis on citizenship issues, documentation mechanics and debt financing by vessel owners and operators.

Introduction to the Law of the Sea, Prof. Handl (one credit)

This course reviews the public order of the oceans, i.e., the basic principles of international law, both customary and treaty-based, that apply to maritime spaces, such as the high seas, continental shelf, seabed and ocean floor. It analyzes the allocation of jurisdictional powers among individual states and the international community at large over the various maritime zones involved; the use and management of ocean resources, including fisheries and seabed mineral resources; marine environmental protection and pollution control; military uses of the oceans and navigational safety.

The International Regime of Underwater Cultural Heritage Prof. Scovazzi (1/2 credit)**

This course traces the evolution of the legal regime governing underwater cultural heritage from the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage. Although the UNESCO Convention attempts to close gaps left by UNCLOS which -- at least in light of the English text of Art. 303 of UNCLOS -- might be interpreted as an invitation to the looting of such heritage, it has yet to achieve universal acceptance, unfortunately.

The Management of Marine Resources in Areas beyond National Jurisdiction, Prof. Freestone (1/2 credit)**

The legal regime for areas beyond national jurisdiction (ABNJ) has been described as ‘fractured.’ For the last decade the topic of conservation of biodiversity in ABNJ had been under review by an Ad Hoc Working Group established by the UN General Assembly. In 2015 the latter called for formal negotiations to begin in 2016 for a third Implementing Agreement to the UN Convention on the Law of the Sea. This course will review in detail the current legal regime and the various sectoral and regional bodies that have jurisdiction over diverse activities from deep seabed exploration and mining to fishing, maritime transport and the conservation of species and biodiversity.

**Prof. Freestone and Prof. Scovazzi’s courses are two segments of a single, one-credit course being taught sequentially. To qualify for the credit students must attend both segments.

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Course Materials

Prior to departure for Rhodes, students will be provided with a free electronic version of all materials used in the courses. If students prefer printed copies from which to study, they are encouraged to print materials before leaving the United States and bring them (or mail them) to the hotel in Rhodes. Printed copies will NOT be available upon arrival in Rhodes.lass Schedule

Class Schedule

8:00 a.m. - 8:55 a.m.

Introduction to the Law of the Sea    (Prof. Handl)

Vessel Documentation & Finance  (Prof. Kling)

9:00 a.m. – 9:55 a.m.

Maritime Personal Injury      (Prof. deGravelles)

10:00 a.m.-10:55 a.m.

International Conventions & Maritime Law       (Prof. Davies)

11:00 a.m. – 11:55 a.m.

Marine Insurance  (Prof.  Gürses)

Marine Resources beyond National Jurisdiction /Underwater Cultural Heritage (Profs. Freestone /Scovazzi)

12:00 p.m. - 12:55 p.m.

Arbitration: Maritime & Law of the Sea   (Profs. Dodson & Said )


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