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 5 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 5 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.
Current Issues in Ocean Affairs, Prof. Bailet (1/2 credit)*
The United Nations Convention on the Law of the Sea (UNCLOS)
provides the legal framework within which all maritime activities are
undertaken; it is widely considered the constitution for the oceans. Some three
decades after its birth, UNCLOS remains the bedrock of peace and sustainable
development of the oceans. This course will provide the opportunity to examine
the basic structure of oceans governance and visit some major issues of our
time, such as maritime security, the impact of climate change and areas beyond
national jurisdiction. It thereby will
highlight the importance and role of public international law and international
and regional institutions in addressing these issues.
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.
Maritime Arbitration, Prof. Dodson (one credit)
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 States Supreme Court decisions that establish the basic rules governing arbitrations and then it will address the 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, Discovery and Interest; The Arbitrator; Challenges to the Award; Res Judicata and Collateral Estoppel. 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
Legal and Ethical Aspects of Whaling, Prof. Fitzmaurice (1/2 credit)**
This course focuses all aspects of whaling. It will provide an in-depth analysis of the International Convention on the Regulation of Whaling and the current problem concerning all types of whaling: commercial; scientific; and indigenous. The recent case before the International Court of Justice, Whaling in Antartic (Australia v. Japan; New Zealand intervening) will be analysed in some detail.
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 an Ad Hoc Working Group established by the UN General Assembly has been studying the issue involved in the conservation of biodiversity in ABNJ and is expected to recommend this year that negotiations begin 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. It will then focus on the development of a possible new Implementing Agreement. It will finnally look at a number of initiatives – including the OSPAR Convention and the Sargasso Sea Commission – that are attempting to seek protection for unique high seas ecosystems in advance of the long negotiating process that a new agreement may entail.
Marine Insurance, Prof. Gürses (1/2 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.
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.
IMO: The Regulation of International Shipping, Judge Mensah (one credit)
This course reviews the International Maritime Organization (IMO)'s critical role as the United Nations system's regulatory agency for the shipping industry. It reviews IMO's global mandate of "safe, secure and efficient shipping on clean oceans," how the organization pursues that mandate through adoption of international maritime rules and standards and their implementation and enforcement by Governments in the exercise of flag, port and coastal State jurisdiction.
The Language and Culture of Greece, Mrs. Kozyris (non-credit)
An introduction to the spoken language, culture and geography of Greece.
*Prof. Gürses and Prof. Bailet’s courses are two segments of a single, one-credit course being taught sequentially. To qualify for the credit students must attend both segments.
**Prof. Freestone and Prof. Fitzmaurice’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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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.
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