Carriage of Goods by Sea
Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Prof Zhen Jing
Overall aims and purpose
The overall aims of this module are to critically examine the laws relating to carriage of goods by sea in international sale of goods and to enable students to gain knowledge and develop a critical awareness and thorough understanding of the statutes, common law and international conventions regarding carriage of goods by sea, such as Hague Rules, Hague Visby Rules, Hamburg Rules and Rotterdam Rules which govern the relationship of the parties in carriage of goods by sea. The contract of carriage of goods stipulates the rights and obligations of the carrier and the shipper which will be well discussed. Bill of lading and chaterparty are two most important documents in carriage of goods by sea, so these two documents will be examined and analyzed in details. As the same time the students are encouraged to criticize the current rules of law relating to carriage of goods by sea and recommend suggestions for reform on them.
The Carriage of Goods by Sea module is concerned with rules relating to carriage of goods by sea, maritime casualties and their aftermath. The law considered in this module is characterised by its diversity: national legislation, international conventions and case law all contributing to a fascinating mosaic in which the focus of law is a developing blend of international commercial and environmental concerns.
The module commences with a brief introduction to maritime law, and then focuses on the discussion of laws relating to carriage of goods by sea, which is the major part of the module. Carriage of goods by sea is concerned with the transit of goods from the port of shipment to the port of destination in an international transaction. The contract of carriage of goods stipulates the rights and obligations of the carrier and the shipper. Common law and relevant international conventions (such as Hague-Visby Rules, Hamburg Rules and Rotterdam Convention) regarding carriage of goods by sea will be discussed and compared. The documents of bill of lading and charterparties will be thoroughly examined.
B- to B+ (60-69%) · Demonstrate strong knowledge and understanding of most of the subject area. · Demonstrate evidence of background study. · Be well structured and focused. · Contain coherently presented arguments. · Be mostly free of factual errors. · Include some elements of original interpretation. · Describe well known links between topics. · Analyse and/or explain problems using existing methods/approaches. · Be presented to high standards with accurate communication.
C- to C+ (50-59%) · Demonstrate knowledge of key areas/principles. · Have some, if only limited, evidence of background study. · Be focussed on the question with only some irrelevant material and weaknesses in structure. · Attempt to present relevant and logical arguments. · Not contain a large number of factual errors. · Describe major links between topics. · Attempt to analyse and/or explain problems. · Be free of major weaknesses in presentation and accuracy.
A- to A* (70%+) · Demonstrate comprehensive knowledge and detailed understanding of the subject area. · Demonstrate extensive background study. · Be well structured and highly focused. · Contain logically presented and defended arguments. · Be free of factual/computational errors. · Include significant elements of original interpretation. · Demonstrate an ability to identify, develop and present new links between topics. · Include new approaches to analysing and/or explaining a problem. · Be presented to very high standards with very accurate communication.
Critically analyse parities’ liabilities especially the carrier’s liabilities in the contract of carriage of goods by sea.
Critically analyse various documents appropriate to the carriage of goods by sea, such as the bill of lading and different types of charterparties.
Formulate, investigate and refine proposals for the development and/or reform of the existing law.
Critically analyse different approaches in the different international conventions (such as Hague Rules, Hague Visby Rules, Hamburg Rules and Rotterdam Rules) and common law relating to the carriage of goods by sea.
Skilfully apply the principles and rules of maritime law to solve real problems the parties may face in the carriage of goods by sea.
Critically examine and analyse the rules of maritime law relating to carriage of goods.
Four essay titles will be set up and students shall write their essays on one of these titles.
The examination paper consists of two problem solving questions, students shall answer one question.
Teaching and Learning Strategy
The module requires students to undertake private study in order to prepare for seminars and assessments.
The module consists of 11x 2 hour seminars. Each seminar introduces students to the fundamental issues in a relevant area of Maritime Law. For each seminar students are required to prepare in advance and to look at essential reading together with preparation of problem questions, for which they will be expected to prepare outline answers which will enable them to participate in discussion of the questions in the seminars. The course will be taught by a combination of lectures and Socratic methods, with students required to consider hypothetical scenarios related to the seminar material. This will require advance preparation based on selected reading materials and legislation. This will provide students with the critical skills needed to assess the strengths and weakness of the legal regimes under examination.
- Literacy - Proficiency in reading and writing through a variety of media
- Numeracy - Proficiency in using numbers at appropriate levels of accuracy
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Safety-Consciousness - Having an awareness of your immediate environment, and confidence in adhering to health and safety regulations
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
- present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
- present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
- Students will acquire knowledge and critical and conceptual understanding of Maritime Law principles, and how the industry operates. Students will acquire critical awareness of current problems and/or new insights, informed by the latest literature, international legislation, international conventions, EU Law, and academic literature and international case law.
- write sustained critical expositions of the legal subjects studied in International, Commercial and Business Law and present the findings clearly, logically and coherently;
- Wilson, Carriage of Goods by Sea, (7th ed., 2010)
- Caslav Pejovic, Transport Document in Carriage of Goods by Sea (1st edn, 2020)
- Chuah, Law of International Trade: Cross-Border Commercial Transactions, (5th edn, 2013)
- Carr, International Trade Law (5th edn, 2013)
Courses including this module
Compulsory in courses:
- M1AR: LLM Maritime Law year 1 (LLM/MLAW)
Optional in courses:
- M1AF: LLM International Commercial and Business Law year 1 (LLM/ICBL)
- M1AO: LLM International Intellectual Property Law year 1 (LLM/IIPL)