This course is aimed at students in the Master´s Programme in International Business Law (IBL). Other law degree students and law exchange students are welcome to attend this course as well.
Students from other faculties must first apply for the right to take this course before they can register for this course.
The course is intended for students at master level with general knowledge of contract law. No previous knowledge of interntional transport and insurance is expected. Good command of English.
This course complements with the following courses offered under the IBL programme:
— IBL-426 International Sale and Payment;
— OIK-J466 Law of the Sea;
— IBL-418 EU Transport Law
Upon completion of the course students will be able to demonstrate adequate knowledge and corresponding level of comprehension of liability and risk distribution in transport and insurance.
I teaching period
The principal object of this course is to present the different aspects of international transportation of goods by sea and other transportation. Particular emphasis will be laid on carrier's liability and cargo insurance and the distribution of liability in general. The main convention instruments related to carriage of goods by road and sea (such as the CMR (road carriage), the Hague-Visby Rules, the Hamburg Rules and the pending Rotterdam) will be discussed. Special attention will be drawn to the different attempts of solving the multimodal legal gap. Furthermore the challenge of ethical and sustainable carriage will be examined. Various standard form contracts relating to charter parties will be discussed. Also the liability of the different actors in shipping such as the carrier, shipper, sub-carrier, stevedores and freight forwarders, will be discussed. The course includes different legal aspects of the laws of marine and other types of transport insurance. The focus is on cargo insurance, which covers loss and damage to goods sustained by the cargo owner. Furthermore, the carrier's insurances will be covered such as hull and machinery (H&M) and protection and indemnity (P&I) insurance. General rules on rail transport insurance, air operating insurance and road transport insurance will also be presented. Principles of general average based on the York Antwerp Rules 2016 and the cover of general average contributions in marine insurance drafting of average adjustments as well as related issues such as salvage and maritime liens, will be discussed.
20 lecture hours and assessment based on a two-hour written exam.
— Johansson, Svante: An outline of transport law (2014) (ca 200 pp.);
— Falkanger, Thor – Bull, Hans-Jacob – Brautaset, Lasse: Scandinavian Maritime Law (2016) Chp. 1 and 14–17 (230 pp.) (+ selected articles on multimodal gap articles);
— Johansson, Svante: Marine and other types of transport insurance (2013) (106 pp.);
— York-Antwerp Rules 2016 (12 pp.);
— CMI Guidelines to General Average 2016 (14 pp.);
— Lauri Railas lectures’ outline (some 50 slides).
20 lecture hours, including some interactive tasks like practice cases, summarizing large texts and group work.
Assessment takes the form of a two-hour written exam. The course work will be assessed on the general scale in accordance with the Faculty’s guidelines.
Please note the cancellation of lectures on 18.3.2020 (12.15-13.45 and 15.15-16.45)