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phd in maritime law in india

Rashtriya Raksha University

Pioneering National Security and Police University of India

RRU Centre for Indian Ocean Legal Studies

National coastal security conclave - 2023.

Academic & Research Programmes

Request for Consultancy

Value added and Certification Programmes

Internship and Placements

SICMSS in Media

Total no of programmes, extention activities, training activities, total no. of participants, no.of resource persons.

Symposium on Maritime Operations and Human Considerations (ICRC) - 29-30th Novermber, 2023 Workshop on Polar Region Policy (NSCS) - December, 2023

Indian Coast Guard Training (3 weeks), May, 2024

Maritime Law (Gratis countries), June, 2024

5-Day Certificate Course on Commercial Maritime Law and Practice | 22-26 June, 2024

Combined Certificate Course on Port Facility Security Officer and Port Facility Security Internal Auditor_IRClass Academy_SICMSS_10th June to 14th June, 2024

The School of Integrated Coastal and Maritime Security Studies (SICMSS) has been established with a vision to develop as a centre of knowledge creation and dissemination, in the field of coastal and maritime security studies in particular and ocean governance in general.

SICMSS fosters to become a leading nodal School of excellence in teaching, research, training and extension activities in the area of Coastal and Maritime Security and to become a National Think Tank by providing policy-oriented research and filling up the gap of quality research on contemporary issues.

Broadly SICMSS envisages the following in the field of Coastal and Maritime Security, Commercial Maritime Law and Port Security:

  • To facilitate discourse between academia and practitioners.
  • To conduct high quality research and teaching.
  • To identify the evolving trends and conduct India centric research keeping global context in mind.
  • To make advancement in law, policy and governance systems affecting coastal and maritime security at national, regional and international level.
  • The school aims to identify legal, policy and governance issues interfacing the security issues in maritime matters.

Student Internship and Placement

Internships, aims and objectives.

  • To be equipped with knowledge on contemporary advanced issues and practices of coastal and maritime security related developments.
  • To identify legal, policy and governance issues interfacing the security issues in the areas of coastal security.
  • To acquire and disseminate sound understanding of roles and responsibilities of coast guard protection forces, blue water navies and marine police in the development of national coastal and maritime security industry.

SCHOOL OF INTEGRATED COASTAL AND MARITIME SECURITY STUDIES (SICMSS)

India occupies a dominant position in the IOR. Extending some thousand kilometres into the Indian Ocean, the Indian peninsula has a vast coastline which stretches to 7,517 km, distributed amongst nine coastal states and four Union Territories. India is exposed to multiple integrated coastal and maritime security challenges pursuant to its long coastline, geographical position and rising importance of coastal and maritime in the strategic theatre internationally.

We at SICMSS seek to explore and assess the trajectory of law, policy and governance systems affecting this strategic space at national, regional and international level. SICMSS with its resources and experiences seeks to provide excellent academic, research, training and capacity building support to national agencies in ensuring national coastal and maritime security agencies and other stakeholders.

Faculty and Staff

Emeritus resource faculties, administrative staff, administrative office, emeritus resource faculty, phd programme.

The School of Integrated Coastal and Maritime Security Studies (SICMSS) has a regular PhD programme for Regulars, Part-time and Practitioners. The PhD Programme in the school actuates mainly upon coastal and maritime matters with special focus on the security.

PAST EVENTS

  • Webinar on New Technologies in The Modern Battlefield | Intersection of security and humanitarian perspectives (27-01-2021)
  • Capacity Building Workshop at Visakhapatnam (04-02-2021)
  • Webinar on Career in Security Forces and SSB Procedures (20-02-2021)
  • Webinar on Career in Armed Forces (20-02-2021)
  • Certificate Course on Law of Armed Conflict at Sea- Contemporary Challenges (RRU & ICRC)- (01-03-2021 to 06-03-2021)
  • Skill Upgradation and Awareness Programme for Rapid Action Force in collaboration with Tourism Corporation of Gujarat Limited (RRU & GTCL) RAF (02-03-2021 to 04-03-2021)
  • Skill Upgradation and Awareness Programme at Group Centre of CRPF in collaboration with Tourism Corporation of Gujarat Limited (RRU & GTCL) CRPF (11-03-2021 to 13-03-2021)
  • Expert Lecture on Ocean Policy: Recent developments (15-06-2021)
  • Webinar on Importance of Psychoanalysis and Emotional Intelligence in Security (17-06-2021)
  • Webinar on Maritime Piracy and Legal Issues (17-06-2021)
  • Webinar on Maritime Security Threats in Gulf of Guinea: An Experience and State Practice of Ghana (24-06-2021)
  • Online Certificate Course on Maritime Security Operations (12-07-2021 to 16-07-2021)
  • National Workshop on Coastal Security (30-07-2021)
  • Visit to Coast Guard Station & Marine Police Station Jakhau (13-08-2021)
  • RRU UNSC Maritime Seminar: Maritime Security and the U N Security Council (17-08-2021)
  • Coastal Security Workshop at Naliya, Kutch (For Gujarat Police) (05-09-2021 To 06-09-2021)
  • Professional Development Programme -Skill Upgradation- (For Gujarat Police-CID Crime) (05-09-2021 To 06-09-2021)
  • One Week Faculty Development Programme (FDP) (Law – Internal Security – Social Science) (22-11-2021 To 27-11-2021)
  • Certificate Course on International Military Laws and Best Practices: Security Operations (MISO) (01-12-2021 To 02-12-2021)
  • Expert Lecture: Role of Global Institutions in ensuring Global Justice (28-12-2021)
  • Expert Lecture: Understanding Crime Against Humanity (07-01-2022)
  • Lecture Series on Coastal and Maritime Security in Indian Ocean Region: First lecture on Underwater Domain Awareness Challenges and Opportunities in the New Global Order (14-02-2022)
  • Certificate Course on Maritime Security Operations Jointly Organized by RRU-ICRC (21-02-2022 To 22-02-2022)
  • Expert Lecture: Expert Lecture on Law of the Sea (28-02-2022)
  • Maritime Law Workshop Colombo Security Conclave Jointly Organized by NSCS-RRU (03-03-2022 To 05-03-2022)
  • Maritime Impacts of Climate Change in the Indian Ocean Region (Lecture Series on Coastal and Maritime Security in Indian Ocean Region (IOR) (22-03-2022)
  • Workshop on National Maritime Day (05-04-2022)
  • Lecture Series on Coastal and Maritime Security in Indian Ocean Region: Strategic Implications of the Indo-Pacific Construct (22-04-2022)
  • Lecture Series on Coastal and Maritime Security in Indian Ocean Region: Deep Seabed Minning focusing upon Part XI of United Nations Convention on Law of the Sea (UNCLOS) (14-05-2022)
  • Visit to Porbandar Coast Guard Station & Harbour Marine Police Station(24-05-2022 to 26-05-2022)
  • Capacity Building Workshop on Coastal Security: RRU In Collaboration with the office of DIG (Coastal Security) Gujarat Police (27-06-2022)
  • e-ITEC Online Training Programme on “Maritime Security & Laws” In collaboration with the Indian Technical and Economic Cooperation (ITEC), Ministry of External Affairs (MEA), Government of India (GoI) (01-08-2022 To 05-08-2022)
  • Visit to Alang Sosiya Beach & Alang Ship Breaking Yard (16-09-2022 to 17-09-2022)
  • Inaugural Lecture by Judge David J. Attard, ITLOS, on “The future of the oceans; your future? (03-10-2022)
  • Expert Lecture by Dr. Prabhakaran Paleri (Former Director General, Indian Coast Guard) on the topic Integrated Maritime Security (11-10-2022)
  • Special lecture on Search and Rescue (SAR) by Deputy Commandant Karthik Satupathi (14-10-2022)
  • Expert Lecture by Dr. Ashish Mishra on the Power Within (11-11-2022)
  • Visit to Indian Coast Guard – Remote Operation Centre, Gandhinagar (16-11-2022)
  • Workshop on “21st Century Naval Warfare and International Humanitarian Law: Implications for Coastal and Maritime Security” (07-12-2022 To 08-12-2022)
  • UNCLOS @ 40: A Revisit Panel Discussion (30-12-2022)
  • Workshop on Port Security: Challenges and Responses (06-02-2023 To 10-02-2023)
  • Round Table on Nuances of Coastal Security in Gujarat (10-02-2023)
  • Seminar on Integrating Humanitarian Principles in Law Enforcement (15-03-2023 To 16-03-2023)
  • Expert Lecture by IG A. K. Harbola on MV Alondra Rainbow Case (28-03-2023)
  • Colombo Security Conclave – Second Maritime Law Workshop (13-04-2023 To 14-04-2023)
  • Ambassadorial Lecture on Maritime Security as a subset of National Security Diplomatic Challenges in the Current Geo-political Context (20-04-2023)
  • Certificate Course on Maritime Security Operations: Contemporary Challenges, Jointly Organized by RRU-ICRC (30-05-2023 To 31-05-2023)
  • Expert Lecture by Brig. Gen. Karl Edlinger (Retd.) on Conduct of Hostilities and Enforcement of International Humanitarian Law (13-06-2023)
  • Certificate Course on Commercial Maritime Law and Practice (23-06-2023 To 25-06-2023)
  • Expert lecture by Dr. Sanjeet Ruhal on Criminal Jurisdiction under Law of the Sea (12-09-2023)
  • Students field trip to Porbandar Coast Guard Station and International Coastal Clean-up Day (15-09-2023 To 16-09-2023)
  • e-ITEC Programme on Maritime Security Law (18-09-2023 to 22-09-2023)
  • Workshop on Port Security: Challenges and Responses jointly organized by School of Integrated Coastal and Maritime Security Studies (SICMSS) Rashtriya Raksha university and Indian register of shipping, Mumbai (IRClass academy) (port facility security officer (PFS) certification for both mariners and non- mariners (20-09-2023 To 22-09-2023)
  • Symposium on Maritime Operations and Humanitarian Considerations (29-11-2023 To 30-11-2023)
  • National Coastal Security Conclave (08-12-2023)

OUR PARTNERS

Academic programmes.

  • LLM (Coastal and Maritime Security Law and Governance)
  • B.A. (International Legal and Security Studies)
  • L.L.M. (Port and Ship Security)
  • L.L.M. (Maritime Law)
  • L.L.M. (Professional) Maritime law
  • PG Diploma, in Maritime Law (for law graduates and for non law graduates including bridge course fee)
  • Ph.D (Regular)
  • Ph.D (Practitioner)
  • For Admission Brochure CLICK HERE

Academic and Research Activities

  • Executive training course on coastal surveillance and security, July 2020.
  • Online executive course on maritime security, July 2020 onwards.
  • National primer on maritime security of India, August 2020.
  • RRU International Maritime Security Academy (RIMSA), September 2020.
  • Capacity building programme on coastal surveillance and security, October 2020.
  • RRU International Academy on Air and Space Security(RIAASS), January 2021.
  • Research activities on cutting edge issue in the area of maritime, air and space security studies.

Research Internship Opportunity:

Students undergoing any degree course and having research interest in the areas of national maritime, air and space security issues and various developments may apply for internship with RRU School of Integrated Coastal and Maritime Security Studies (SICMSS) by sending an email ([email protected]) along with brief curriculum vitae, statement of motivation and area of research interest. Student intern may be offered the slots of internship purely on the basis of availability, needs and selection by Dean (SICMSS).

phd in maritime law in india

RESEARCH PROJECTS

Research projects:.

  • Book on Law of the Sea (basic student edition project)
  • Maritime Security Cooperation of India with neighbouring countries
  • Maritime Security Cooperation of India with global maritime powers
  • Maritime Security Cooperation of India in South East and South West Asia
  • Counter Terrorism laws in India and Abroad: an analytical assessment of its efficacy
  • Compendium on Right to Information Act, 2005

SPECIAL PROJECTS

Symposium on Maritime Operations and Humanitarian Considerations

Date: 29th November, 2023 to 30th November, 2023

phd in maritime law in india

National Coastal Security Conclave

Date: 08th December, 2023

phd in maritime law in india

  • Workshop on Port Security: Challenges and Responses

Date – 20th – 22nd September, 2023

phd in maritime law in india

e-ITEC Programme on Maritime Security Laws

Date – 18th – 22nd September, 2023

phd in maritime law in india

Expert Lecture on Maritime Criminal Jurisdiction

Date – 12th September, 2023

phd in maritime law in india

Certificate Course on Commercial Maritime Law and Practice

Date – 23rd – 25th June, 2023

phd in maritime law in india

Colombo Security Conclave – Second Maritime Law Workshop

Date: 13th – 14th April 2023

phd in maritime law in india

Seminar on Integrating Humanitarian Principles in Law Enforcement

Date: 15th – 16th March, 2023

phd in maritime law in india

The School of Integrated Coastal and Maritime Security Studies (SICMSS), Rashtriya Raksha University under the aegis of Ministry of Home Affairs, Government of India successfully organized a “Round table on nuances of coastal security in Gujarat” on 10th February, 2023.

Date: 10 February, 2023

phd in maritime law in india

School of Integrated Coastal and Maritime Security Studies successfully organized the Five Days “Workshop on Port Security: Challenges and Responses” from 6th to 10th February, 2023.

phd in maritime law in india

Workshop on “21st Century Naval Warfare and International Humanitarian Law: Implications for Coastal and Maritime Security” conducted by School of Integrated Coastal and Maritime Security Studies (SICMSS), Rashtriya Raksha University, in association with The International Committee of Red Cross (ICRC), New Delhi, India

Date: 07-08 December 2022

phd in maritime law in india

Expert Lecture on Human Rights Day by Prof. Dr. Uday Shankar, Registrar & Professor of Law, at Hidayatullah National Law University (HNLU)

Date: 10 December, 2022

phd in maritime law in india

A Panel Discussion on “UNCLOS 40: A Revisit”

Date: 30 December, 2022

phd in maritime law in india

Inaugural Lecture by Judge David J. Attard, ITLOS, on “The future of the oceans; your future?”

Date: 3rd October 2022

phd in maritime law in india

MEA-MHA-RRU: Webinar on “IUU Fishing and International Law” by Cdr. Anand Kumar

Date: 09th September 2022

phd in maritime law in india

  • e-ITEC Online Training Programme on “Maritime Security & Laws” In collaboration with the Indian Technical and Economic Cooperation (ITEC), Ministry of External Affairs (MEA), Government of India (GoI)

Date: 1st to 5th August 2022

phd in maritime law in india

Capacity Building Workshop on Coastal Security: RRU in Collaboration with the office of DIG (Coastal Security) Gujarat Police

Date: 27th June 2022

phd in maritime law in india

  • Workshop on National Maritime Day

Date: 05th April 2022

phd in maritime law in india

  • Maritime Law Workshop Colombo Security Conclave Jointly Organized by NSCS-RRU

Date: 3rd to 5th March 2022

phd in maritime law in india

  • Certificate Course on Maritime Security Operations Jointly Organized by RRU-ICRC

Date: 21st and 22nd February 2022

phd in maritime law in india

Certificate course on International Military Laws and Best Practices – Security Operations

Date: 1st & 2nd December 2021

phd in maritime law in india

One Week Faculty Development Programme

Date: 22nd – 27th November 2021

phd in maritime law in india

Coastal Security Workshop at Naliya, Kutch Gujarat

Date: 5th & 6th September 2021

phd in maritime law in india

Professional Development Programme (Skill Upgradation) for Gujarat Police (CID Crime Officers)

Date: 7th to 9th September 2021

phd in maritime law in india

Professional Development Programme for Security Personnel

The Professional Development Programme was specifically designed in sssociation with Tourism Corporation of Gujarat keeping in view the needs of various security forces and their requirements on the skill development specifically destination awareness (place of deployment) for providing better security cover to tourists. The course also focuses on continuing skill up-gradation and enhancement of our security personnel’s throughout their services. The Programme was conducted in three batches for Gujarat Police, Rapid Action Force and Central Reserve Police Force.

Gujarat Police

Participants: 50 Police Officers of Inspector and Sub-Inspector rank from 22 districts of Gujarat

Dates: 17th -19th August 2020.

Venue: Rashtriya Raksha University, Lavad, Dehgam, Gandhinagar.

Rapid Action Force

Participants: 84 Officers of various ranks from Rapid Action Force 100th Battalion

Venue: RAF, 100th Battalion, Vastral Ahmedabad

Date: 20th-22nd August, 2020.

Central Reserve Police Force

Participants: 52 Officers of various ranks from Central Reserve Police Force

Venue: CRPF Group Centre, Gandhinagar.

Date: 24th -26th August, 2020.

STUDENTS @ SICMSS

  • Student List Academic Year (2020-2021)
  • Student List Academic Year (2021-2022)
  • Student List Academic Year (2022-2023)
  • LLM Coastal and Maritime Security Law and Governance 2020-21
  • LLM Coastal and Maritime Security Law and Governance 2021-22
  • LLM Coastal and Maritime Security Law and Governance 2022-23
  • B.A. (International Legal and Security Studies) 2021 – 2024
  • B.A. (International Legal and Security Studies) 2022 – 2025

SICMSS @ LIBRARY

  • Maritime – Printed book List
  • Maritime eBooks at EBSCO
  • Maritime eBooks @ Brill
  • Maritime eBooks @ ProQuest
  • Maritime eBooks @ JSTOR

TRAINING AND EXTENSION PROGRAMMES

  • Capacity Building Workshop at Visakhapatnam
  • Certificate Course on Law of Armed Conflict at Sea- Contemporary Challenges (RRU & ICRC)
  • Skill Upgradation and Awareness Programme for Rapid Action Force in collaboration with Tourism Corporation of Gujarat Limited (RRU & GTCL) RAF
  • Online Certificate Course on Maritime Security Operations
  • National Workshop on Coastal Security
  • Coastal Security Workshop at Naliya, Kutch (For Gujarat Police)
  • Professional Development Programme -Skill Upgradation- (For Gujarat Police-CID Crime)
  • One Week Faculty Development Programme (FDP) (Law – Internal Security – Social Science)
  • Certificate Course on International Military Laws and Best Practices: Security Operations (MISO)
  • Capacity Building Workshop on Coastal Security: RRU In Collaboration with the office of DIG (Coastal Security) Gujarat Police
  • Workshop on “21st Century Naval Warfare and International Humanitarian Law: Implications for Coastal and Maritime Security”
  • UNCLOS @ 40: A Revisit Panel Discussion

Ph.D. Maritime Studies

Focus areas, of the program, who can prefer this course, eligibility.

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Current Curriculum

  • Course Content
  • Reference Book
  • Valuation Pattern

Previous Curriculum

phd in maritime law in india

PhD in Maritime Affairs

Phd in maritime affairs.

The PhD programme has seven active areas of research and a growing school of doctoral students. WMU has a strong tradition of interdisciplinary research at the doctoral level, and has won a large number of externally funded projects, often working in collaboration with partners from industry and government. The structure of the PhD programme makes it flexible and responsive to the needs of both full-time students based in Malmö and candidates based mainly at their employing organization.

WMU’s PhD programme offers students the opportunity to carry out research across the maritime field, but with an emphasis on issues related to the International Maritime Organization’s mission of maritime safety, security and marine environmental protection. Our PhD programme offers unrivalled access to international maritime experts both inside and outside academia, and to organizations working at the forefront of research and development.

PhD students have come to WMU from industry, academia and the government sector, and have completed their dissertations in a very wide range of subject areas, from investigating oil-spill mitigation to an analysis of organizational learning in shipping companies.

PROGRAMME DETAILS

The credit system ‍ The PhD programme consists of 240 ECTS credits completed usually over a registration period of three to six years. Candidates may be based at the University or elsewhere, usually at their place of employment.

Within the time limits of three to six years, candidates may carry out doctoral research at their own pace, which can also vary during their period of enrolment. For example, candidates may choose to spend one year conducting research at WMU full time, and then return home to complete their research over a longer period, with short visits to the University for progression seminars and meetings. 1 ECTS credit (EC) is approximately 25 study load hours. One academic year is generally 60 EC, or 1500 study load hours, or 36 hours per week over an academic year of 20 weeks. For someone who is studying part-time, the average study load will vary.

Individual Study Plan (ISP) ‍ Each candidate will have an Individual Study Plan, agreed with the supervisor(s) and the Director of the PhD programme. This will include the compulsory Research Methods subject (20EC), appropriate taught subjects related to the field of research (40 EC), plus a timetable for the completion of the dissertation, plans for publication in learned journals, and attendance at conferences and seminars.-

Progression ‍ During the first phase of doctoral studies, candidates complete the research methodology subject, and develop their research proposals. At the end of this initial period, the first progression seminar is held, at which candidates each present their research proposals.

Throughout the doctoral programme, the candidates attend taught subjects and also the further progression seminars, where the candidates present their work to date and their research plans for the next twelve-month period. After every seminar, the Progression Board meets, and considers the candidate’s progress. At this Board meeting, decisions are taken as to whether the candidate is to be permitted to progress to the next stage of the research.

A candidate’s enrolment can be terminated at any point if his/her progress is not considered to be satisfactory.

Advanced standing ‍ A candidate who has completed part of a doctoral degree elsewhere may transfer into the WMU programme with advanced standing. Their period of enrolment at WMU will vary in line with the amount of research they have already completed, but the minimum permissible period of enrolment must include at least two progression seminars and the dissertation (180 EC). A candidate with advanced standing must be registered for at least 12 months.

Supervision ‍ All doctoral students have a principal supervisor who is a member of the resident faculty. According to the topic of research, a student may also have a co-supervisor, who may be a member of the resident faculty, a Visiting Professor or a suitable person from outside the University.

APPLICATION FOR ADMISSION

All candidates must complete their applications online through the WMU website, attaching a detailed research proposal outlining the objectives and methodology of their research. In addition, they should arrange for two letters of academic reference from people familiar with their suitability for doctoral research. Certified copies of transcripts and certificates (including the results of an internationally recognized test of English language) supporting the qualifications listed on the form, must be uploaded.

When an academically cleared candidate has paid the first fee instalment, enrolment can be finalized. At this point, each candidate will receive a medical report form, which must be returned to the University, along with a formal declaration that the candidate accepts the conditions of his/her enrolment.  

APPLY ONLINE

Programme details.

Within the time limits of three to six years, candidates may carry out doctoral research at their own pace, which can also vary during their period of enrolment. For example, candidates may choose to spend one year conducting research at WMU full time, and then return home to complete their research over a longer period, with short visits to the University for progression seminars and meetings. ‍ 1 ECTS credit (EC) is approximately 25 study load hours. One academic year is generally 60 EC, or 1500 study load hours, or 36 hours per week over an academic year of 20 weeks. For someone who is studying part-time, the average study load will vary.

Individual Study Plan (ISP) ‍ Each candidate will have an Individual Study Plan, agreed with the supervisor(s) and the Director of the PhD programme. This will include the compulsory Research Methods subject (20EC), appropriate taught subjects related to the field of research (40 EC), plus a timetable for the completion of the dissertation, plans for publication in learned journals, and attendance at conferences and seminars.

Entrance Requirements

The Admissions Board will consider only those applicants who meet the minimum general entrance requirements, which are:

  • a Master’s degree, with a dissertation, in a relevant discipline, or an equivalent university qualification
  • competence in English language, demonstrated by an internationally recognized standard test
  • computer competence

The Admissions Board will select only the best-qualified candidates, taking into account all their qualifications and achievements. The Admissions Board may require applicants to appear for an interview, either on-campus or through remote video, as part of the admissions process.

Tests of English ‍ Applicants must offer one of the following tests of English language: Test of English as a Foreign Language (TOEFL)    96+ in the internet-based test    590+ in the paper-based test    WMU’s TOEFL institution code is 9198

International English Language Testing System (IELTS)    band 7.0 or above

Cambridge Examinations ‍     Cambridge Proficiency Examination at grade A or B

GCE O-level or the equivalent ‍    a good pass grade

More information on these examinations may be obtained through the following websites:

‍ www.toefl.org www.ielts.org www.cambridgeesol.org

Fees & Costs

The full University fee is USD 37,925, and is charged in four approximately equal instalments. The first instalment is paid on enrolment, while subsequent instalments are paid prior to the second, third, and fourth progression seminars. The tuition fee includes supervision, library and laboratory access, IT support, and medical, life and accident insurance.

In addition, a student needs around SEK17,000 per month for rent and general living costs in Malmö, plus air tickets.Other sources of financial support (for example, the US Department of Veterans Affairs) may be accessed by candidates.

Payments to the University

Payments to the University should be sent to:

Account Name:           The World Maritime University Account Number:        3968-77-02567 IBAN Number:              SE66 3000 0000 0396 8770 2567 BIC Code:                     NDEASESS Bank Name:                  Nordea Bank Address:             PO Box 24, SE-201 24 Malmö, Sweden

Details of the transfer of funds should be sent to the Registry by email ([email protected]).

Research Priority Areas

Doctoral research at WMU falls mainly within one of the following research priority areas (RPAs). Additionally, the WMU programme also offers excellent opportunities for interdisciplinary projects, allowing doctoral candidates to pursue their own, and their organization’s, particular interests.

Environmental Impacts of Marine Activities

‍ This RPA is linked to the precarious state of the environment in respect of life due to human activities. Research in this area will seek to explore the effects of maritime activities on the natural environment, ways (at policy and operational levels) of limiting and ideally avoiding such effects, and the development of new and sustainable practices for the maritime industry. This research area also offers opportunities to contribute toward the achievement of SDG14 targets through investigation of the global social-ecological system that interconnects the oceans, coasts and land.

Maritime and Marine Technology and Innovation ‍

This RPA interrogates developments of technology in ship operations (including the evolution of automation and digitalization), education and training (including e-learning), ship safety, information and communication for ship business (e-documentation) and its effect on the social, legislative and administrative dimensions of shipping. The cross-cutting nature of technology and innovation establishes an almost universal link between this RPA and all the other RPAs.

Maritime Economics and Business

‍ This RPA focuses on the optimization of shipping, ports and their sustainable management from economic and logistics/supply chain perspectives. It explores all areas of shipping and port management, and offers the chance of carrying out in-depth investigation within the fields of maritime economics and policy, shipping and/or port operations and management, and shipping finance and portfolio management, as well as in such related fields as global supply chains and maritime logistics, port governance. and performance, and maritime analytics using big data.

Maritime Energy Management

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Home  >  News & Articles  >  LLM Maritime Law: In India, Courses, Top Colleges, Syllabus, Scope, Salary 2024

phd in maritime law in india

Simran Kaur

Updated on 17th April, 2024 , 10 min read

LLM Maritime Law: In India, Courses, Top Colleges, Syllabus, Scope, Salary 2024

Maritime Law 

A bundle of laws and agreements, referred to as marine law, also known as admiralty law, regulates open water offenses, shipping, and other maritime activities. The development of maritime law goes back many centuries and was done to safeguard against unlawful claims by nations over the sea. 

This course provides all the knowledge and abilities needed to handle problems that arise in maritime and coastal environments. Maritime Law course fees tend to range from INR 6,000 - INR 1 Lakh. 

Maritime Law courses in India are offered predominantly at postgraduate level however, undergraduate, certificate, and diplomas are also granted. Some of the top universities offering this course are NLSIU Bangalore , Nalsar University of Law, Gujarat Maritime University, and Symbiosis Law School . 

Admission  to Maritime Law is done through Entrance and Merit based. Top Maritime Law entrance exams include  CLAT , AILET , SET and LSAT .

Maritime Law Eligibility includes an undergraduate degree in BBA LLB / BA LLB / LLB with minimum aggregate 50% marks.  

Further Reading: BBA LLB , BA LLB , LLB

Maritime Law Course Details  

What is maritime law .

The set of laws that control all activities in the sea and other open waters is known as maritime or admiralty law. These regulations resolve a variety of potential conflicts and make sure individuals who work on water behave properly and are protected. 

maritime-law

Why Should you pursue Maritime Law? 

  • Importance: India's 7500 km long coastline means that a large portion of its trade and commerce is carried out by sea. In order to control maritime operations and settle legal issues involving maritime commerce, maritime law is essential. 
  • Huge Investments:  The Indian government is making huge investments in the marine industry, including the construction of new ports, the modernization of current ports, and the promotion of coastal commerce which will lead to significant job opportunities in the marine industry. 
  • Skillset:  A specific skill set and knowledge of numerous legal disciplines, including internationallaw, business law, insurance law, and environmental law. Hence, a career in marine law offers the chance to acquire specific abilities.  
  • Diverse Interaction:  Interacting with clients from a variety of backgrounds, such as ship owners, charterers, cargo owners, insurers, and port operators, is a possibility offered by the field of maritime law. 
  • Demand:  As India's economy continues to grow and its marine industry expands, there will likely be a rise in the demand for legal services relating to maritime law. Legal practitioners with experience in marine law should find a wide range of possibilities as a result of this increase. 

Who Should pursue Maritime Law?  

Maritime Law is a niche area of law that deals with the legal aspects of ships, shipping, and seafarers. Some of the individuals who may be interested in pursuing maritime law in India include: 

  • Law graduates who want to specialize in a particular area of law. 
  • Professionals working in the maritime industry, such as ship owners, shipping agents, and seafarers. 
  • Lawyers interested in cross-border transactions. 

Maritime Law Admission Process  

It is highly recommended that aspirants score well in their high school examinations or prepare well for the entrance exam. Given below is an overview of both the modes of admission:

Maritime Law Admission Process:  Merit Based

  • An aspirant should score more than 50% marks in their high school examinations to be applicable for merit-based admission.
  • Apply to the desired college through their official website or by physically visiting the institution and filling out the application form.
  • Make sure to check the eligibility criteria and have all the required documents (10th and 12th Certificates, Aadhar Card, Photographs etc.) in hand.  
  • Merit lists are usually updated on the official website of the colleges and need to be checked regularly by the aspirant.
  • If selected, the aspirant can pay the required fees and the admission process will be complete.  
  • Finally, candidates must attend the counseling or orientation organised by the institution for further details, if selected from the merit list.  

Maritime Law Admission Process:  Entrance Based

  • The application form will require the candidate to register themselves with an email ID, password, and mobile number along with academic and course details.
  • The candidate is required to upload the necessary documents online, such as Photograph, 10th, and 12th Certificates, Aadhar Card etc.)
  • Once the form is complete, the candidate will be asked to pay a minimal amount of application fee.
  • It is advised to check the website regularly for updates on the admit card, entrance exam and entrance exam syllabus.
  • Admit cards will be issued to all the eligible students which will have important information such as the date of the examination, examination center and timings.
  • The college/university will then publish lists according to their cutoff and seat availability.
  • If selected, a candidate should pay the course fee as soon as possible and attend the orientation/counselling organised by the college for further information.

Also Read: Top Maritime Law Colleges in India

Maritime Law Eligibility 

Given below are the requirements a candidate must fulfill before applying for Maritime Law in India: 

  • A bachelor's degree in BBA LLB / BA LLB / LLB with a minimum aggregate 50% marks from recognized University. (General) 
  • A bachelor's degree in BBA LLB / BA LLB / LLB with a minimum aggregate 45% marks from recognized University. (SC/ST/OBC) 

Maritime Law Top Entrance Exams 

Admission to Maritime Law is contingent on passing a law-related entrance exam. The following is a list of top entrance exams in India: 

How to Pass the Maritime Law Entrance Exam? 

There are various entrance exams for maritime laws in India that require intense hard work from the candidates. Given below are few tips that might help in clearing the entrance exam: 

  • Make sure to go through the official website of the institution as it will have all the information regarding the exam schedule, syllabus, curriculum, and sample or previous year's question papers.  
  • Practice sample or previous year's question papers and time yourself regularly. Attempt as many as mock tests as you can. 
  • Mark the important topics in the syllabus and give each topic sufficient revision for more clarity. 

Maritime Law Subjects

The subjects of Maritime Law course varies from college to college, however given below is an overview of the various subjects in the course:

Maritime Law Courses in India 

This course is generally offered at the postgraduate level, however, undergraduate, certificate, and diplomas are also granted. Given below is a brief description of the various types of Maritime Law courses in India: 

Maritime Law Courses: Postgraduate 

Maritime law courses: postgraduate diploma , maritime law courses: diploma , maritime law courses: certificate , maritime law courses: online .

Maritime Law is also available online for students that cannot pursue this course on a full-time basis or are working professionals. Many universities offer it online as this mode of learning helps individuals from diverse backgrounds in obtaining their degrees. Given below are the names of such institutions and their details: 

How to Enroll in a Reputable Institution that offers Maritime Law?  

Every applicant hopes to enroll in a reputable university and so it is better to be prepared in advance to secure a seat. The following advice has been provided for the students' benefit: 

  • A solid academic record is required for admission to a reputable college. For the maritime law programme, candidates must have passed the prerequisite undergraduate exams with a minimum overall score of 50% for generals and 45% for SC/ST/OBC's. 
  • Make sure to go through the syllabus, previous year's papers, and guides before attempting the entrance exam. It is advised to start preparing a year in advance to increase the chances of success.  
  • Go through the institution's official website for additional details. This helps in understanding if a college is right for you or not. 
  • Practice giving interviews thoroughly as many universities in India require an interview round for the selection of potential candidates.  

Maritime Law Top Colleges in India 

Also Read: Top Maritime Colleges in Gujarat

Maritime Law Jobs 

Graduates with a Maritime Law degree have various opportunities in the field, with their average salary ranging from 2- 6 Lakhs. Given below are a few job profiles along with their details:  

Maritime Law Top Recruiters 

There are various organisations such as Ship Owning Companies, Port Authorities, and Law Firms that employ graduates with a Maritime Law degree. Given below is a list of such organisations with their average salaries:  

Maritime Law Skills Required 

This is a specialised course that requires many skills from an individual as it deals with laws, agreements and treaties governing water bodies. Given below is a list of the qualities required to be a practitioner of Maritime Law: 

Maritime Law Recommend Books 

Given below are the names of a few recommended books, candidates must read before and during their course as it helps in increasing knowledge in the field: 

Maritime Law Further Studies 

After completing a course in maritime law in India, there are several options available for further studies in the field. Some of the popular options are: 

  • LLM in Maritime Law : LLM degrees in Maritime Law are available from numerous universities in India and overseas. This is a fantastic choice for those who wish to deepen their specialisation and learn more about maritime law. 
  • PhD in Maritime Law:  A PhD in Maritime Law can be a suitable choice for people who want to work in academia and study the subject. It gives one the chance to conduct study on all facets of maritime law and advance the discipline.

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Frequently asked questions, what is the meaning of maritime law.

Maritime laws are a bundle of laws and agreements, that regulate open water offenses, shipping, and activities.

Is Maritime Law a good career

Yes. The Indian government is making huge investments in the marine industry which will lead to significant job opportunities in the field.

Who is the Father of Maritime Law

Hugo Grotius is the father of Maritime Law. He created a doctrine in the 17th Century called "freedom of the seas".

What is the salary of Maritime Law in India

The average salary a maritime lawyer in India earns is 2 - 8 Lakhs per annum.

Who can study Maritime Law

A graduate with a degree in BBA LLB/BA LLB/LLB with a minimum aggregate of 50% marks is eligible to pursue maritime law.

What are some of the Maritime Law books

Maritime Law in India by P. Mukherjee, Maritime Law by Christopher Hill, International Maritime Conventions, Shipping Law Handbook by Michael Bundock, and Admiralty Jurisdiction and Practice by Anothony Diamond.

What are the different Maritime Law courses

Maritime Law is generally offered at the postgraduate level, however, undergraduate, certificate, and diplomas are also granted.

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Research Degree Programme

Description.

  • Academic Requirements
  • Financial Support
  • How To Apply

IMLI offers a Research Degree programme leading to the award of the Degree of Magister Juris (M.Jur.) in International Maritime Law and the Degree of Doctor of Philosophy (Ph.D.) in International Maritime Law. Normally, a candidate is required to first complete M.Jur. degree prior to undertaking studies for Ph.D.

The Research Degree programme offers a high degree of independence to the candidates and they can undertake their research from abroad. They are assigned world-renowned individual academic supervisors. However, during the period of research, the candidate may engage in resident research at the Institute for a time to be determined in each case prior to enrolment.

phd in maritime law in india

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Academic Requirements:

Magister juris (m.jur.) in international maritime law.

Prospective candidates for the M.Jur. programme must possess either a first degree in law or a Master’s degree from a recognized university or other academic institution, provided that in the case of a Master’s degree other than in law the candidate has demonstrated the capacity to undertake legal research.  Candidates may also be required to demonstrate qualifications of a comparable standard including relevant professional legal experience, published work. Additionally, candidates must possess such qualifications and satisfy such other conditions as the Director may, from time to time, establish for this purpose in the form of bye-laws.

Studies for the M.Jur. Degree are to extend over a period of one (1) academic year after enrolment in the programme. Candidates for the M.Jur. must engage in resident research at the Institute for a time to be determined in each case prior to enrolment, and must attend such IMLI courses as may be required by the Director following consultation with the candidate’s supervisor.  The candidate must submit his or her M.Jur. dissertation not later than the end of the second calendar month following the end of the academic year.

Please click here for a detailed programme structure . 

Award of the Degree

Award of the M.Jur. degree is conditional upon the successful examination of a dissertation of not less than twenty-five (25) thousand words containing an original, detailed, and specialized research intended for inclusion in the composition of an IMLI Ph.D. thesis, or containing original, detailed, and specialized research in a subject within syllabus of the Institute in a dissertation intended for publication.

Academic requirements:

Doctor of philosophy (ph.d) in international maritime law.

An applicant for the Ph.D. Programme must have been awarded or listed for the award of the M.Jur. Degree with a recommendation from the M.Jur. Examiners that the candidate be enrolled in the Ph.D. programme, provided that, in exceptional circumstances, the Director, in consultation with the Academic Committee, may waive this requirement.

Studies for the Ph.D. Degree shall extend over a period of not less than two (2) and not more than four (4) academic years after enrolment as a candidate for that degree, provided that when the M.Jur. dissertation is a written work on a completely unrelated research topic to the eventual Ph.D. thesis, studies for the Ph.D. Degree shall extend over a period of not less than three (3) and not more than five (5) academic years after enrolment as a candidate for that degree. During this period the candidate shall engage in resident research at the Institute for a time or times to be determined in each case prior to enrolment. Students are required to register with the Institute at the beginning of each academic year throughout the programme.

Award of the degree

The Ph.D. Degree shall be awarded upon the successful examination of a thesis of between eighty (80) and one hundred (100) thousand words containing original and significant contributions to knowledge in a subject within the syllabus of the Institute.

Please click here for a detailed programme structure .  

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Fee and Financial Support

The M.Jur. / Ph.D. programme fee stands at € 8,300 (eight thousand three hundred Euros) per annum. The fee accounts for the costs of academic supervision, administration by the Institute, examiners and the conduct of examinations.

The fees are payable upon admission or registration or, as the case may be, upon renewal of registration. The Institute does not offer any fellowships/scholarships for the Magister Juris (M.Jur.) programme or the Ph.D. programme.

Payments should be remitted to the Institute's bank account (transfer charges are to be borne by the applicant). Details are as follows: 

Account Name: IMO International Maritime Law Institute Address: University of Malta Campus, Triq Roberto Ranieri Costaguti, Msida MSD 2080, Malta Telephone #: (356) 2131 9343 Account #: 4001 3713 797 Bank Name: Bank of Valletta Bank Branch Name: L-Ibrag Branch Bank Address:  Triq Tal-Ibrag, Tal-Ibrag, Is-Swieqi. SWQ 2030 IBAN: MT58 VALL 2201 3000 0000 4001 3713 797 SWIFT Code: VALLMTMT Currency: EURO

phd in maritime law in india

How to apply:

Applicants for the Research Degree programme must provide the following supporting documents with their application:

  • Duly filled Research Degree Application Form
  • Research Proposal of approximately one thousand (1,000) words on a topic mentioned in the Research Degree Programme Syllabus;
  • Proof that you meet our academic entry requirements, please provide:
  • Copies of all relevant degrees,diplomas and certificates;
  • If your supporting documents are not in English, we require officially translated versions as well as copies in the original language;
  • Certificate of proficiency in the English language in case if English is not the first language;
  • Supporting statements from two referees - referees must be able to comment on the knowledge of the candidate in maritime law, research skills and suitability for research degree-level study;
  • List of published articles, monographs, books.

Admission Process:

Application forms will be reviewed by the Academic Committee of the Institute to assess the academic eligibility of the candidates and the potential of the submitted proposal. Candidates will be advised of the decision of the Academic Committee together with any comments or suggestions the Committee may give and will be asked to confirm whether they wish to proceed with the research as suggested. If the candidate agrees to the Committee’s suggestions, he/she is required to deposit the amount of € 750, after which the Institute will approach prospective supervisors.

When all criteria for admission have been met, including the appointment of supervisor and confirmation of financing, acceptance of the candidate for admission will be notified, in writing, to the candidate.

For further details, please contact:

D r. sanjeet ruhal, the nippon foundation lecturer on international maritime security law, imo international maritime law institute, university of malta campus, triq roberto ranieri costaguti, msida msd 2080, tel.: +356 21 319343, 310816, ext. 113, fax: +356 21 343092, e-mail:  [email protected], applications should be sent to:, the director.

phd in maritime law in india

India, China, and differing conceptions of the maritime order

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Iskander rehman iskander rehman senior fellow for international relations - pell center for international relations and public policy, salve regina university @iskanderrehman.

June 20, 2017

Introduction

The law of the sea is one of the structural pillars of the international order. The complex rules and norms that govern freedom of navigation and maritime economic activity have played a crucial role in maintaining the global commons free from policies of enclosure, coercion, and expropriation. 1

This international legal regime is under threat. A growing number of rising powers, many of whom harbor historical grievances, have chosen to openly contest, selectively reinterpret, or discreetly subvert key principles of the maritime order. 2 Nowhere is this more evident than in Asia, where the People’s Republic of China (PRC) has adopted an increasingly assertive territorial policy in the South and East China Seas, while pursuing a sophisticated form of “lawfare” that seeks to reshape the international consensus on freedom of navigation and overflight. 3 Asia’s other great rising power, India, shares some of China’s more controversial positions with regard to the United Nations Convention on the Law of the Sea (UNCLOS). For example, both India and China demand greater control and oversight over foreign military activities in their exclusive economic zones (EEZ). 4 Both nations have also enacted domestic legislation that enters into direct conflict with certain rights and regulations guaranteed under UNCLOS. The U.S. Department of Defense’s (DOD) most recent report on freedom of navigation stipulates that the U.S. Navy routinely conduct freedom of navigation operations against numerous countries, including India and China. 5  Similarly, for many years, India—much like its trans-Himalayan neighbor—was reluctant to submit its maritime territorial disputes to international arbitration, preferring to negotiate with its smaller neighbors on a bilateral basis, where the stark asymmetry in national power and state capacity would presumably work to its advantage. More broadly speaking, Asian nations have long manifested an extreme wariness at the prospect of delegating any form of sovereignty. Indeed, as one legal scholar has noted:

It is a paradox of the current international order that Asia—the most populous and economically dynamic region on the planet—arguably benefits most from the security and economic dividends provided by international law and institutions and, yet, is the wariest about embracing those rules and structures. 6

Over the past few years, however, a number of signs have pointed to an important shift in India’s posture, and of a clear normative divergence between Asia’s two emerging great powers. In July 2014, India accepted a U.N.-rendered verdict on a long-standing, and occasionally fraught, maritime boundary dispute with Bangladesh. New Delhi abided by this judgment even though it proved to be in Dhaka’s favor, more than  tripling the size of Bangladesh’s EEZ in the Bay of Bengal. At the same time, India’s political leadership has placed a new emphasis on freedom of navigation, frequently alluding to the importance of the issue in its diplomatic statements and public declarations, while obliquely chastising China for its “eighteenth century expansionist” behavior, and “territorialization” of the Asian maritime commons. 7

Meanwhile, China’s attitude toward international arbitration, maritime disputes, and freedom of navigation and overflight in its near seas has become more, rather than less conflictual. Manila’s recent attempts to internationalize its maritime  territorial  dispute via the Permanent  Court of Arbitration (PCA) at The Hague, have only heightened Chinese hostility toward an international legal regime which, one could argue, has long served its more global interests. Beijing’s public reaction to the most recent ruling in favor of Manila—vituperative, jingoistic, and laden with conspiracies—has startled foreign observers and troubled its neighbors. 8 Even more than its tone, it is the substance of China’s discourse that is cause for alarm. Chinese officials’ growing tendency to privilege self-defined “historic rights” over inter- national law, when fused with rhetoric centered on China’s civilizational exceptionalism, raises difficult questions over the nature of Beijing’s rapport with the existing international order. Last but not least, the stationing of military assets and hardened infra- structure on some of China’s most recently redeveloped land features is in clear violation of President Xi Jinping’s pledge to not engage in further militarization of the South China Sea. 9

What explains this growing normative divergence between Asia’s two rising powers? What are the domestic, ideational, and strategic drivers behind such differing conceptions of the maritime order? Finally, what does this portend for the future of crisis stability in Asia, and, more broadly, for the future of the global commons?

Drawing on a close study of the relevant strategic and legal literature, this paper will engage in a comparative analysis of both India and China’s attitudes toward the law of the sea—and toward freedom of navigation and maritime disputes in particular. It will proceed in two parts. In the first section, I will outline certain similarities in both countries’ interpretations of the law of the sea, particularly as they pertain to foreign activities in the EEZ and “contiguous zones,” but also when it comes to the extension of domestic legislation to extraterritorial waters. In the following section, the paper will chart the growing divergences—both normative and behavioral—between both nations with regard to issues such as freedom of navigation, and the settlement of maritime territorial disputes. The paper will conclude by analyzing some of the potential ramifications of these developments for the future of the global order.

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October 18, 2016

  • For a seminal discussion of the importance of the global commons for U.S. leadership and global stability, see: Barry R. Posen, “Command of the Commons: The Military Foundations of U.S. Hegemony,” International Security 28, no. 1 (2003): 5-46.
  • James Kraska, “Sovereignty at Sea,” Survival 51, no. 3 (2009): 13-18.
  • U.S. Air Force officer and legal expert Charles Dunlap has succinctly defined lawfare as “the strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective.” See: Major General Charles Dunlap Jr., “Lawfare—A Decisive Element of 21st Century Conflicts?” Joint Forces Quarterly 54 (2009): 34-39.
  • See Zhang Haiwen and Vijay Sakhuja, “Security in the Maritime Commons,” in Ashley Tellis and Sean Mirski (Eds.), Crux of Asia: China, India, and the Emerging Global Order (Washington, DC: Carnegie Endowment for International Peace, 2013): 145-165.
  • U.S. Department of Defense (DOD),  Freedom of Navigation (FON) Report for Fiscal Year 2016 (Arlington, Virginia: U.S. Department of Defense, 2017), available at http://policy.defense.gov/Portals/11/FY16%20DO D%20FON%20Report.pdf?ver=2017-03-03-141349-943.
  • Simon Chesterman, “Asia’s Ambivalence about International Law and Institutions: Past, Present, and Futures,” The European Journal of International Law 27, no. 4 (2017): 945-978. Chesterman notes, for in- stance, that Asian countries have the lowest rate of acceptance of the compulsory jurisdiction of the International Court of Justice (ICJ) and of membership of the International Criminal Court (ICC). They are also the least likely to have signed conventions such the International Covenant on Civil and Political Rights (ICCPR).
  • Victor Mallet and Jonathan Soble, “India’s Narendra Modi Embraces Japan as He Chides China,” Financial Times (September 02, 2014), available at http://www. ft.com/cms/s/0/61256b7e-3263-11e4-a5a2-00144fe-abdc0.html#axzz4IZK9ZdUe. “South China Sea: Modi Calls for Utmost Respect of International Laws, Says Force Can Complicate the Issue,” See also: Press Trust of India , September 08, 2016, available at http://www.dnaindia.com/india/report-south-china-sea-modi-calls-for-utmost-respect-of-international-laws-says-force-can-complicate-the-issue-2253202.
  • “China’s Defiance in the South China Sea,” The New York Times , August 13, 2016, available at http://www.nytimes.com/2016/08/14/opinion/sunday/chinas-defiance-in-the-south-china-sea.html?r=0. Chinese analysts increasingly view the U.S. defense of freedom of navigation in the South and East China Seas as being part of a broader “emerging (ideological) battlefield,” in Southeast Asia. See: Adam P. Liff, “China and the US Alliance System,” The China Quarterly 229 (March 2017): 1-29.
  • For President Xi Jinping’s public pledge not to militarize man-made features in the South China Sea, see: Remarks by President Obama and President Xi of the People’s Republic of China in Joint Press Conference (Washington, DC: White House Office of the Press Secretary, September 25, 2015), available at  https://www.whitehouse.gov/the-press-office/2015/09/25/ remarks-president-obama-and-president-xi-peoples-republic-china-joint

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phd in maritime law in india

Indian Maritime University - Admission for LLM (Maritime Law)

The Indian Maritime University established through an Act of Parliament on 14.11.2008 as a Central University is poised to play a key role in the development of the required human resources for the maritime sector. The University being the first of its kind in the country caters to the educational requirements of the maritime fraternity. It is a teaching and affiliating University which offers graduate, post-graduate and research programs in all disciplines of the maritime sector.

LL.M (Maritime Law): The LL.M (Maritime Law) is a two year Master of Laws Program in Maritime Law offered by Indian Maritime University. The program is designed to educate and train lawyers in International Maritime Law, which will enable them to make valuable contributions to the vibrant, international shipping industry. The program of 2 years (4 semesters) offered by IMU at the Chennai campus.

Eligibility: A Bachelors degree in Law from any university in India approved by UGC with minimum 50% marks (45% marks in case of SC/ST).

How to Apply: The IMU- CET application form will be made available through the following channel: Download the application form, information brochure and challan from the website http://www.imu.tn.nic.in. The fee of Rs 1000 (Rs 500 in case of SC/ST candidates) can be paid through challan payable at any of the SBI/Indian Bank/Axis Bank branches all over India. Please don't forget to collect the journal number from the concerned bank.

Admission Procedure: Eligible candidates are advised to apply for the Common Entrance Test conducted by IMU. Those appearing for the qualifying examination are also eligible to apply. The Admission test will be held at Chennai(Code No.01), Cochin (Code No.02), Kolkata (Code No.03), Mumbai (Code No.04) , Delhi (Code No.05) , and Vishakhapatnam (Code No.06).

Completed application forms should be sent to the "Controller of Examinations i/c", Indian Maritime University, East Coast Road, Uthandi, Chennai in an envelope super scribed "Application form for CET-LL.M along with proof of payment challan along with Journal number. The applicants are advised to write their name, address and phone number on the reverse of the challan. Incomplete application forms or those received after the due date ( 31 May 2012) will be summarily rejected and no enquiries will be entertained in this regard. The students are therefore advised to fill the relevant information carefully in the application form.

Important Dates:

Contact: Indian Maritime University East Coast Road, Uthandi, Chennai - 600 119 Phone: (044) 24530343, 24530345 Fax: (044) 24530342 Email: [email protected], [email protected] Website: http://www.imu.tn.nic.in/

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phd in maritime law in india

Maritime Law in Motion

  • © 2020
  • Proshanto K. Mukherjee 0 ,
  • Maximo Q. Mejia 1 ,
  • Jingjing Xu 2

Faculty of Law, Dalian Maritime University, Dalian, China

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Maritime Law and Policy, World Maritime University, Malmö, Sweden

Plymouth business school, university of plymouth, plymouth, uk.

  • Highlights pioneering topics, such as the regulation of autonomous ships and block chain applications to commercial maritime law
  • Includes Chinese legal perspectives on various aspects of international maritime law
  • Explores the impacts of climate change on maritime law issues

Part of the book series: WMU Studies in Maritime Affairs (WMUSTUD, volume 8)

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Table of contents (37 chapters)

Front matter, the effect of the arbitration clause incorporated in a bill of lading to third persons, regime interaction and gairs.

  • Gabriela Argüello

Maritime Rules for Rail Carriage: China’s Initiative to Incorporate Rules from the Road to the Belt

  • Abhinayan Basu Bal, Trisha Rajput

A Critical Analysis of Carriage of Passengers by Sea: Uniformity Through International and Regional Approaches

  • Olena Bokareva

Occupational Hazards in the Light of the Maritime Migration Challenge

  • Laura Carballo Piñeiro

Governance of International Shipping in the Era of Decarbonisation: New Challenges for the IMO?

  • Aldo Chircop, Desai Shan

Good Faith in Maritime Law Contracts

  • Shatarupa Choudhury, Pallab Das

Legal Aspects of Green Shipping Finance: Insights from the European Investment Bank’s Schemes

  • Jason Chuah

When Was the Last Time You Were Restrained by a Prince? Conservatism and the Development of Maritime Law

  • Martin Davies

Private Maritime Security Companies Within the International Legal Framework for Maritime Security

  • Osatohanmwen Anastasia Eruaga

Compensation for Cargo Damage in International Maritime Transportation: Chinese Law Perspective

  • Lixin Han, Shuang Cai

Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials, and Tribulations

  • Anish Hebbar

What Challenges Lie Ahead for Maritime Law?

  • Måns Jacobsson

Sanctions Compliance Risks in International Shipping: Closure of Five Crimean Ports, the Sanctions Regime in Respect of Ukraine/Russia and Related Compliance Challenges

  • Henning Jessen

Shipowner’s Implied Obligations in a Charterparty Relating to Lien on Cargo: English and Chinese Law Perspectives

  • Shengnan Jia, Haiyang Yu

An Exposé of Canadian “Abandoned Vessels & Derelicts” Through a Legal Analysis of Doctrinal Silos

  • Tafsir M. Johansson

Korean Collision Avoidance Rules and Apportionment of Liability

  • In Hyeon Kim

The Application of Human Rights and Ethics Principles to Self-protection Measures by the Ship Against Pirates and Armed Robbers

  • Khanssa Lagdami, Aref Fakhry

Blockchain and Bills of Lading: Legal Issues in Perspective

  • Maritime law
  • Contemporary issues
  • Comparative maritime law
  • Public and private maritime law
  • New technology and maritime law

About this book

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers’ affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Editors and Affiliations

Proshanto K. Mukherjee

Maximo Q. Mejia

Jingjing Xu

About the editors

Bibliographic information.

Book Title : Maritime Law in Motion

Editors : Proshanto K. Mukherjee, Maximo Q. Mejia, Jingjing Xu

Series Title : WMU Studies in Maritime Affairs

DOI : https://doi.org/10.1007/978-3-030-31749-2

Publisher : Springer Cham

eBook Packages : Law and Criminology , Law and Criminology (R0)

Copyright Information : Springer Nature Switzerland AG 2020

Hardcover ISBN : 978-3-030-31748-5 Published: 24 January 2020

Softcover ISBN : 978-3-030-31751-5 Published: 26 August 2021

eBook ISBN : 978-3-030-31749-2 Published: 23 January 2020

Series ISSN : 2196-8772

Series E-ISSN : 2196-8780

Edition Number : 1

Number of Pages : XXIX, 783

Number of Illustrations : 5 b/w illustrations, 9 illustrations in colour

Topics : Law of the Sea, Air and Outer Space , Private International Law, International & Foreign Law, Comparative Law , Theories of Law, Philosophy of Law, Legal History , Commercial Law , International Environmental Law

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A PRIMER ON MARITIME LAWS IN INDIA

Maritime laws are also known as Admiralty Laws. They comprise of rules and regulations governing matters in relation to marine commerce, navigation, marine affairs, carriage of people, property and certain directives governing contracts, torts and compensation of worker’s claims either concerning

INTRODUCTION

Maritime laws are also known as Admiralty Laws. They comprise of rules and regulations governing matters in relation to marine commerce, navigation, marine affairs, carriage of people, property and certain directives governing contracts, torts and compensation of worker’s claims either concerning commerce on or over water. [1] Maritime trading has been prevalent in India since time immemorial both within and outside the extent of its oceanic boundaries. Subsequently, to supervise the flow of carriage of goods via the sea route, ensure protection and proper maintenance of trading ships, regulate the registration and marine insurance, essential legislations have been promulgated. The multifarious arena of maritime laws includes key topics such as admiralty laws (acquisitions and transfer of interest in ships, ship mortgages, collisions), marine insurance laws, marine pollution (environment protection, public law regime) and so on. Maritime laws are private in nature whereas its counterpart known as ‘The law of the sea’ comes under the ambit of public law and formulates general principles apropos to the maritime zones, claims pertaining to jurisdiction, settlement of disputes, regulations concerning mining and utilization of natural resources.

A HISTORICAL GLANCE AT MARITIME LAWS

Trading through high seas has prevailed for centuries and several historical records claim testimony to the fact that in ancient and medieval times, various merchants led voyages to India to exchange raw materials and products in order to boost their trading businesses. Later, the British East India Company shipped large amounts of spices and also established three presidencies where great maritime centers could be developed. Moreover, the colonial government implemented various laws namely the Inland Steam Vessels Act, 1917, the Indian Ports Act, 1908, the Control of Shipping Act, 1947 and so on. However, in the post-independence era, the Indian government resorted to improvising the existing coastal practices to ensure safe and productive maritime trade by enacting myriads of new rules and ordinances. Even after independence, the jurisdiction granted to admiralty courts in India stayed largely with colonial powers and only post the landmark judgement of M.V.Elisabeth v. Harwan Investment and Trading Pvt. Ltd. [2] , Indian high courts were granted unrestricted jurisdiction and principles of the International Convention on Maritime laws were recognized to govern maritime claims. [3]

CONVENTIONS UNDER THE AUSPICES OF THE INTERNATIONAL MARITIME ORGANISATION

Shipping is an international enterprise and can work efficiently with the help of basic regulations and standards which are agreed, adopted and implemented internationally. International Maritime Organization is one such forum that creates a framework stipulating regulations for the shipping enterprise and is a globally reckoned standard-setting authority ensuring safety, security and proper environmental conduct of international shipping. It covers all aspects concerning international shipping like the design of ships, construction, operation of vessels and promotes sustainable shipping along with sound maritime development. Being the United Nations specialized agency, its objectives are structured in tandem with the UN SDG’s. [4] India has been a member of IMO since 1959. Several conventions have been adopted by the IMO to which India is a signatory. Some of them are listed as follows [5] –

  • International Convention for the Safety of Life at Sea 1974 (as amended SOLAS, 1974).
  • International Convention on Tonnage Measurement of Ships, 1969
  • Convention on Facilitation of International Maritime Traffic 1965 (as amended FAL,1965)
  • Special Trade Passenger Ships Agreement, 1971
  • International Convention on Standards of Training Certification and Watch-keeping for seafarers, 1978
  • International Convention on Salvage,1989

LANDMARK JUDGEMENTS

Some landmark verdicts in the sphere of maritime laws are as follows-

  • British India Steam Navigation Co. v. Shanmugavilas Cashew Industries- [6] The verdict by the Apex court stated that the jurisdiction of Indian Courts only extended to the territorial waters and no Indian legislation can deprive the foreign ships or foreigners of their rights until they enter the specified Indian territorial waters.
  • The republic of Italy v. Union of India [7] – Also known as the Enrica Lexie’s case, the supreme court primarily set aside the judgement delivered by the Kerala High Court stating that it did not have any jurisdiction to handle issues including the investigation pertaining to the Italian marines. The apex court further ordered the formation of a special court to conduct the case proceedings.
  • V. Sea Success I v. Liverpool and London Steamship [8] – the Supreme Court held that the application of principles laid down in the 1999 Geneva Arrest Convention to India is valid on matters regarding Admiralty.

SHIP ARRESTS – JURISDICTION AND PROCEDURE

Ship arrests refer to a process through which a ship is restricted from indulging in trade or moving till the time the matter in question is adjudicated. The admiralty courts are granted exclusive jurisdiction to order for a vessel’s detention in order to secure a maritime claim. There are several grounds based on which ship arrest is ordered such as loss of life, collision, execution of a decree, salvage and so on. [9]

  • Jurisdiction of Indian Courts- Earlier, the Admiralty Courts Act, 1861 [10] vested powers to deal with matters concerning admiralty to the three presidency courts [11] . However, in V. Elisabeth v. Harwan Investment and Trading (1993) [12] , the Supreme Court expanded the scope of admiralty jurisdiction in India. It further observed that the high courts are courts of record having both original and appellate jurisdiction. Moreover, unless it is expressly or impliedly barred or subject to appellate or discretionary jurisdiction of the court, high courts to a large extent have unlimited jurisdiction including the capability to determine their powers. As a result, presently, the extent of jurisdiction has been widened and the High courts of Gujarat, Andhra Pradesh, Orissa and Kerala are the courts (coastal regions) empowered to handle admiralty matters.
  • Procedure- The law regarding a vessel’s arrest in rem is laid under section 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. Herein, as stipulated by the section, the high court can order for a vessel’s arrest within its specified jurisdiction on certain mandated grounds namely that the demise charterer of vessel holds liability for the claim or claim is regarding ownership, possession or owner of vessel holds liability for the claim and so on. Once the warrant for arrest is issued, the vessel’s owner can either settle the claim or challenge the arrest. Post furnishing the security for the claim, the vessel is allowed to sail. [13]

CONCLUSION: PROSPECTIVE OF MARITIME LAW IN INDIA

The Indian Ocean is on the verge of becoming a dominant global geostrategic and economic power and the marine sector can serve as a strong pillar of the blue economy by boosting its prospects. A pioneering effort by the Federation of Indian Chambers of Commerce involves the report titled ‘Blue Economy Vision 2025: Harnessing Business Potential for India Inc and International Partners’. Moreover, the idea behind the draft national maritime policy emphasizes the metamorphosis of India from a brown to a blue economy and further suggests the framing of comprehensive maritime security. To cull out the gist, maritime laws are inextricably connected with the country’s development and multifaceted contours of India’s strategy towards [14] maritime security can further be reckoned by perusing through the key aspects of the Indian Naval Strategic Publication titled ‘Ensuring Secure Seas: Indian Maritime Security Strategy’(October 2015) [15] and by way of enactment of stringent regulations. [16]

Author(s) Name: Jasleen Bedi (University School of Law and Legal studies, GGSIPU)

References:

[1] STA Law firm, ‘ India: Ship arrests and Indian Maritime Law’ (Mondaq, 24 June 2019) < https://www.mondaq.com/india/marine-shipping/817974/ship-arrests-and-indian-maritime-law > accessed 22 December 2021

[2] M.V. Elisabeth v Harwan Investment [1993] SC, [1993] AIR 1014

[3] Sanchit Meena, ‘ Maritime Laws in India’ ( Lex Forti, 30 September 2021) < https://lexforti.com/legal-news/maritime-laws-in-india/ > accessed 23 December 2021

[4] International Maritime Organisation < https://www.imo.org/en/About/Pages/Default.aspx> accessed 21 December 2021

[5] Directorate General of Shipping(International Legislation)< https://www.dgshipping.gov.in/Content/PageUrl.aspx?page_name=ShipManualChap10>  accessed 21 December 2021

[6] 1990 SCC (3) 481

[7] Abhinav Mishra, ‘Enrica Lexie’s Case- India v Italy’(Christ University Law Journal 2017) < https://journals.christuniversity.in/index.php/culj/article/download/1917/1589/3647 > accessed 21 December 2021

[8] M.V. “Sea Success I” vs Liverpool And London Steamship, 5 November, 2001< https://indiankanoon.org/doc/368194/ > accessed 22 December 2021

[9] STA Law firm, ‘ India: Ship arrests and Indian Maritime Law’ (Mondaq, 24 June 2019) < https://www.mondaq.com/india/marine-shipping/817974/ship-arrests-and-indian-maritime-law > accessed 22 December 2021

[10] Admiralty Courts Act,1861

[11] Under section 9 of the Act, each High Court had  “all such powers and authority for and in relation to the administration of justice”  including original and appellate jurisdiction over civil, criminal, admiralty, vice-admiralty, testamentary, intestate, and matrimonial matters. These high courts were established in three presidency states.

[12] M.V. Elisabeth v Harwan Investment [1993] SC, [1993] AIR 1014

[13] The Admiralty (Jurisdiction and settlement of maritime claims) Act,2017

[14] FICCI, ‘Blue Economy Vision 2025: Harnessing Business Potential for India Inc and International Partners’, < https://ficci.in/spdocument/20896/Blue-Economy-Vision-2025.pdf > accessed 23 December, 2021

[15] Indian Navy, ‘Ensuring Secure Seas: Indian Maritime Security Strategy’ October 2015, < https://www.indiannavy.nic.in/sites/default/files/Indian_Maritime_Security_Strategy_Document_25Jan16.pdf > accessed 23 December, 2021

[16] Diva Rai, ‘Maritime Law’ (2020).

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Fisheries and aquaculture are key economic resources in India, and they supply food for millions of people. Like those in any other business, laws, and regulations serve to keep the practice safe, healthy, and sustainable.

phd in maritime law in india

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phd in maritime law in india

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phd in maritime law in india

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Maritime Law & Policy Dissertations

Theses/dissertations from 2023 2023.

Law and policy in combatting piracy by maritime enforcement agencies: a Nigerian perspective , Sadiq Abubakar. ( Maritime Law & Policy, Nigeria. )

Regional organisations as a mechanism to ensure maritime safety and security: the case of the Southern Africa Development Community-SADC , Elcidio Agostinho. ( Maritime Law & Policy, Mozambique. )

Combating illegal, unreported and unregulated (IUU) fishing in Ecuador:: the maritime authority approach for the exercise of coastal state rights , Daniela Andrade Tamayo. ( Maritime Law & Policy, Ecuador. )

Decarbonisation of the shipping industry by 2050: opportunities and challenges in market-based measures , Vaishak Arayakee. ( Maritime Law & Policy, India. )

Harmonization of Sierra Leone’s oil pollution prevention legal framework with MARPOL 73/78 annex I regulations , Regina Chokolay Conteh-khali. ( Maritime Law & Policy, Sierra Leone. )

Investigating the relevance of effectiveness of cybersecurity measures in the Philippine maritime industry , Marife S. Duatin. ( Maritime Law & Policy, Philippines. )

Climate change implementation and level of compliance with the Paris Agreement: toward a climate change resilience port : a case study of port Corinto, Nicaragua. , Jorge Alfonso Gómez Prado. ( Maritime Law & Policy, Nicaragua. )

Safe manning of ships in the era of new and emerging technologies , Amna Javed. ( Maritime Law & Policy, Pakistan. )

The Black Sea Grain Initiative : analysing the emerging, implementation and challenges , Mariami Kakabadze. ( Maritime Law & Policy, Georgia. )

Just transition career planning for seafarers: challenges and opportunities for sustainable shipping , Sergii Kazantsev. ( Maritime Law & Policy, Ukraine. )

Analysis of policy formulation at IMO via participation of member states: a case study of green house gas emission measures , Rahul Lodhi. ( Maritime Law & Policy, India. )

Ship registry and flag state obligations for the plurinational state of Bolivia: a case study for a landlocked state , Marco Antonio Lucano Uzquiano. ( Maritime Law & Policy, Bolivia. )

Elusive catch: domestic challenges encountered by the Philippines in Ratifying the Cape Town Agreement of 2012 , Gerico John Vincent Magbojos. ( Maritime Law & Policy, Philippines. )

Policy and regulatory framework to enhance Thailand’s casualty investigation , Shinabhat Maneerin. ( Maritime Law & Policy, Thailand. )

A study on the business and regulatory framework of freight forwarders in the Republic of Maldives , - Minna Rasheed. ( Maritime Law & Policy, Maldives. )

Abuja MOU as a facilitator for the implementation of IMO instruments in the West and Central African region , Paul Chika Ochulor. ( Maritime Law & Policy, Nigeria. )

Implementation of maritime single window: selected case studies , Cecil Dumebi Chimaobim Ogunlesi. ( Maritime Law & Policy, Nigeria. )

Assessing the drivers of plastic pollution on the Lagos coastline: strategies for effective policy implementation and mitigation , Clement Oshiobugie Orbih. ( Maritime Law & Policy, Nigeria. )

Implementation of policies in addressing illegal, unreported, and unregulated (IUU) fishing in the Philippines: a reappraisal of established mechanisms , Jethro R. Padama. ( Maritime Law & Policy, Philippines. )

Enhancing South Africa’s ship registry: a comparative analysis of competitiveness effectiveness and legal frameworks with a special focus on the Singapore registry model , Tebogo Alfred Moloko Ramatjie. ( Maritime Law & Policy, South Africa. )

Port state control: banning: an analysis of banned ships from Paris MOU and its effect on other MOUs , Donghyeog Seo. ( Maritime Law & Policy, Republic of Korea. )

An evaluation of the alignment of Liberian fisheries laws with relevant international legal instruments to combat IUU fishing in the exclusive economic zone and territorial sea , Kla-Edward, II Toomey. ( Maritime Law & Policy, Liberia. )

Establishment of an exclusive and effective maritime tribunal in Bangladesh under the “Territorial Waters And Maritime Zones (Amendment) Act, 2021 (Act No. XXIX Of 2021)”: what is the necessity? , Mohammad Rayhan Uddin. ( Maritime Law & Policy, Bangladesh. )

Theses/Dissertations from 2022 2022

Empowering women in the Ghanaian maritime community: the relevance of laws and policies , Patricia Acolatse. ( Maritime Law & Policy, Ghana. )

Critical analysis of policies on single-use plastics disposal from ships as a source of pollution to the marine environment , Fatai Abiola Bello. ( Maritime Law & Policy, Nigeria. )

Exploring corporate social responsibility (SCR) in the South African shipping industry: focusing on private companies' social and economic dimensions of corporate social responsibility , Sizwe Sandile Dlamini. ( Maritime Law & Policy, South Africa. )

Ratification and implementation of the 2014 Amendments to the MLC, 2006: the case of China , Hao Huang. ( Maritime Law & Policy, China. )

A study on the legal status and responsibilities of the master in autonomous vessels: the case of general remote operators , Minchol Ji. ( Maritime Law & Policy, Republic of Korea. )

Oil spill management in Sierra Leone: an assessment on the effectiveness of laws, policies and regulations , Umaru Kamara. ( Maritime Law & Policy, Sierra Leone. )

A policy impact evaluation of the regional cooperation agreement on combating piracy and armed robbery against ships in Asia , Surendra Kumar Karwasara. ( Maritime Law & Policy, India. )

Critical evaluation of the compliance level of Cabotage Act in Nigeria , Grace Kingsley Okike. ( Maritime Law & Policy, Nigeria. )

The pandemic : impact on IMO member state audit on the Pacific Island member states , Shaleen Lata. ( Maritime Law & Policy, Fiji. )

The implementation of Regulations 4.2 And 4.5 of the Maritime Labour Convention, 2006 in Nigeria , Fatimah Temitope Lawal. ( Maritime Law & Policy, Nigeria. )

Environmentally balanced approaches to future deep seabed mining , Jonatan J. Víctor Mendoza Alarcón. ( Maritime Law & Policy, Peru. )

An analysis of the process of implementation of IMO's initial GHG strategy in Central America by using a multi-method approach , Edgar Alberto Micheo Navas. ( Maritime Law & Policy, Guatemala. )

Era of decarbonization, energy efficiency on existing ships (EEXI) and carbon intensity indicators (CII) implication on charter parties , Hildah Kerubo Omboga. ( Maritime Law & Policy, Kenya. )

The human element in the era of digitalization and automation of ports: a case study of South Africa , Lucky Njabulo Sithole. ( Maritime Law & Policy, South Africa. )

Addressing illegal, unreported, unregulated (IUU) fishing in Cambodia: the impact of the EU’s IUU regulation , Sorphea Sok. ( Maritime Law & Policy, Cambodia. )

Fraudulent registration of vessels under Tanzanian flag: a policy or legislation constraint , Raniel Elisante Swai. ( Maritime Law & Policy, Tanzania. )

Policy evaluation on implementation of ISPS Code in the Nigerian maritime industry , Mohammed Kabir Umar. ( Maritime Law & Policy, Nigeria. )

Theses/Dissertations from 2021 2021

Assessing the effectiveness of community action on marine and coastal litter: case study through the prism of social media groups in a Maltese locality (Mellieha) , Tessy Umbuwa Anjide. ( Maritime Law & Policy, Nigeria. )

Analysis of marine plastic litter policies in Ghana , Perfect Ashai. ( Maritime Law & Policy, Ghana. )

Qualification of port state control inspectors in Nigeria: a critical analysis , Faith Chibuoge Azubike. ( Maritime Law & Policy, Nigeria. )

The efficiency of the flag state principle in open registries: case study : the Commonwealth of Dominca , Carlita Selicia Benjamin. ( Maritime Law & Policy, Dominica. )

Regulating IUU fishing in Nigeria: a step towards discovering the untapped potentials of fisheries in Nigeria , Gabriel Chukwuemeka Chikelu. ( Maritime Law & Policy, Nigeria. )

Law enforcement in relation to illegal unreported and unregulated (IUU) fishing in Sierra Leone , Mahmoud Papa Conteh. ( Maritime Law & Policy, Sierra Leone. )

Implementation of the Casualty Investigation Code in Guatemala , Joaquín Antonio Juárez Arana. ( Maritime Law & Policy, Guatemala. )

Maritime Labour Convention, 2006: challenges for implementation in regards to Title 5 Compliance and Enforcement in Fiji , Sheryne Rosalia Kanawale. ( Maritime Law & Policy, Fiji. )

Ship recycling in Ghana: an analysis of the implementation of the Hong Kong Convention, 2009 , Nii Lantei Kumi-Bruce. ( Maritime Law & Policy, Ghana. )

Challenges in the implementation of Africa’s Integrated Maritime Strategy (2050) , Oluwafemi Sunday Kumuyi. ( Maritime Law & Policy, Nigeria. )

Current situation and solutions in Vietnam's national legislation on fisheries subsidies to prevent illegal, unreported and unregulated (IUU) fishing , Tien Hoang Nguyen. ( Maritime Law & Policy, Vietnam. )

Interdiction operations at sea: a critical analysis of irregular migration beyond the territorial seas , Junya Otani. ( Maritime Law & Policy, Japan. )

The implementation of the International Ship and Port Facility Security (ISPS) Code in Indonesia , Budi Santoso. ( Maritime Law & Policy, Indonesia. )

Implementation of the ISPS Code: a case study on the Freeport of Monrovia and the Port of Buchanan , Fatu M. Shaw. ( Maritime Law & Policy, Liberia. )

The application of electronic certificates for ships in China: an ecosystem-based approach , Huanhuan Song. ( Maritime Law & Policy, China. )

Maritime liens and their enforcement from international perspectives and lessons for Vietnam , Thi Anh Tho Tran. ( Maritime Law & Policy, Vietnam. )

A critical analysis of implementation of MLC 2005 Regulation 2.2 in Nigeria , Muhammed Anyapa Yakubu. ( Maritime Law & Policy, Nigeria. )

Identifying the applicable law and approach toward the Caspian Sea delimitation , Sedigheh Zarei. ( Maritime Law & Policy, Iran. )

Theses/Dissertations from 2020 2020

Analysis of flag state implementation of MARPOL by Saudi Arabia with reference to III Code , Mohammed Meshal M Almutairi. ( Maritime Law & Policy, Saudi Arabia. )

Pushing the borders on cabotage : Indonesia’s Beyond Cabotage regime , Kristi Dwi Anita. ( Maritime Law & Policy, Indonesia. )

Garbage from ship sources in Cameroon: the case of Marpol 1973/78 Annex V , Yvonne Ayamba Ayuk. ( Maritime Law & Policy, Cameroon. )

An assessment of the impact of maritime (In)security in the Gulf of Guinea: special emphasis on Sao Tome and Principe , Paulo de Araújo Ribeiro De Ceita. ( Maritime Law & Policy, Sao Tome and Principe. )

The implementation of IMO regulations concerning the reduction of sulphur emmission in developing countries : Tunisia as a case study , Anis Fayala. ( Maritime Law & Policy, Tunisia. )

Cyber-security risks and liabilities in modern marine insurance. , Thi Hong Hanh Hoang. ( Maritime Law & Policy, Vietnam. )

The application of the new public service features to maritime administration : in case of Marine Department of Thailand and Maritime and Port Authority of Singapore , Natchanok Kosaisuntorn. ( Maritime Law & Policy, Thailand. )

The importance of maritime education and training within the secondary education system in South Africa , Paulos Mxolisi Kuhlase. ( Maritime Law & Policy, South Africa. )

Accession to the Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004 : the case of Vietnam , Long Viet Le. ( Maritime Law & Policy, Vietnam. )

Rules of the road and the digital helmsman : an analytical review of the COLREG in the context of autonomous ships (Degree-iii) , Akshaya Kumar Mahapatra. ( Maritime Law & Policy, India. )

Analysis of the effectiveness of monitoring, control and surveillance measures : South Africa as a case study , Elsie M. Morake. ( Maritime Law & Policy, South Africa. )

No longer lost in translation : South African admiralty and insolvency proceedings at a crossroads , Phiwe Ngcobo. ( Maritime Law & Policy, South Africa. )

[An analysis of international law principles in state practice of bilateral transit treaties] , Anujin Thi Hong Onon. ( Maritime Law & Policy, Mongolia. )

A legal analysis of the implementation and enforcement of MARPOL Annex VI sulphur regulations in Georgia , Nino Pataraia. ( Maritime Law & Policy, Georgia. )

Examining the implementation of the IMO's Search and Rescue (SAR) Convention in Liberia : prospects and challenges , John Emmett Quawah. ( Maritime Law & Policy, Liberia. )

Analysis of the Tuvalu ship registry and the delegation of authority to recognised organizations , Andrew Puga Semeli. ( Maritime Law & Policy, Tuvalu. )

Legal analysis on Cambodia regulation apply to ISPS Code , Chanveasna Teth. ( Maritime Law & Policy, Cambodia. )

Agenda-setting at the IMO : perspectives on the threats of piracy and armed robbery against ships , Abraham Akwetey Teye. ( Maritime Law & Policy, Ghana. )

Theses/Dissertations from 2019 2019

Environmental regulation of emerging offshore oil and gas activities in Somalia , Abubakar Mohamud Abubakar. ( Maritime Law & Policy, Somalia. )

Analysis of ship clearance in the Maldives: trade facilitation perspective , Zoona Ahmed. ( Maritime Law & Policy, Maldives. )

Seafarers’ recruitment practice in the United Republic of Tanzania: Zanzibar as a case study , Yahya A.O. Albahsan. ( Maritime Law & Policy, Zanzibar. )

Maritime casualty investigation in Jordan : current implementation of IMO standards and future development , Enas Nadi Al-mahariq. ( Maritime Law & Policy, Jordan. )

Saudi Arabia and regional cooperation agreements against transnational maritime crime: ReCAAP and DCoC in perspective , Feras Alsulaiman. ( Maritime Law & Policy, Saudi Arabia. )

Open registries and recognized organization: synergy or dysfunction , Lia Carolina Barroso Rojas. ( Maritime Law & Policy, Panamá. )

Work in Fishing Convention, 2007: Thailand as a case study , Decha Chotepanitses. ( Maritime Law & Policy, Thailand. )

Strengths and weaknesses of the legal strategies to combat sea piracy in Nigeria , Siraja Zamfara Ibrahim. ( Maritime Law & Policy, Nigeria. )

Enhancing maritime safety in Cameroon through port state control : an analysis of impediments to adhesion to the Abuja MoU on PSC , Njobinkir Ida Ngo. ( Maritime Law & Policy, Cameroon. )

The implementation of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 in China: challenges and prospects , Shuyan Ji. ( Maritime Law & Policy, China. )

Strengthening seafarers’ rights for release and repatriation: piracy in the Gulf of Guinea , Rajinder Kumar. ( Maritime Law & Policy, India. )

The implementation of the joint development of Greater Sunrise Special Regime under the 2018 Timor Sea maritime boundaries treaty between Timor-Leste and Australia , Melkiades Laot. ( Maritime Law & Policy, Timor-Leste. )

The protection of the marine environment within the territorial seas and contiguous zone of India as part of salvage interventions , Pooran Chand Meena. ( Maritime Law & Policy, India. )

Implementation of the Maritime Labour Convention, 2006: Angola as a case study , Jandira Camilo Mendes. ( Maritime Law & Policy, Angola. )

ROs, forgery, and fraud in the context of Honduran ship certificates , Angelica Dalida Meza. ( Maritime Law & Policy, Honduras. )

Understanding the concept of limitation of liability per package/unit under a bill of lading contracts globally in general and in Ethiopia in particular , Melaku Mitiku. ( Maritime Law & Policy, Ethiopia. )

A case study of the implementation and enforcement of MARPOL Annex VI sulphur regulations in Kenya , Annette Wangari Muriithi. ( Maritime Law & Policy, Kenya. )

A study of national laws of Vietnam on compensation for ship-source oil pollution , Mai Thanh Truc Nguyen. ( Maritime Law & Policy, Vietnam. )

Challenges for the ratification of the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 in Indonesia , Monica Ajeng Oktaviany. ( Maritime Law & Policy, Indonesia. )

An analysis of the challenges hindering the Nigerian cabotage act , Abimbola Augustina Osemwegie. ( Maritime Law & Policy, Nigeria. )

Study on the reward and compensation policy for the engagement of social force in maritime search and rescue in China , Shanshan Qu. ( Maritime Law & Policy, China. )

The implementation challenge of Nairobi Wreck Removal Convention and the related analysis within the existing Malaysian national law , Ahmad Zawawi Saharuddin. ( Maritime Law & Policy, Malaysia. )

A critical analysis of ship registration system in the United Republic of Tanzania , Mohamed Malick Salum. ( Maritime Law & Policy, Tanzania. )

Sustainably leveraging the blue economy through public private partnerships: a case study of Namibia’s port development , Carol Jaimy Schroeder. ( Maritime Law & Policy, Namibia. )

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phd in maritime law in india

  • Maritime law

Maritime Law

phd in maritime law in india

This article is written by Diksha Paliwal , a practising advocate at the High Court of Indore and a student of LLM (Constitutional Law). The article gives a brief concept of maritime law, followed by a discussion about its history and evolution. The article further sheds light on critical international regulations in the field of maritime law and noteworthy concepts of maritime law in India.

This article has been published by Sneha Mahawar .​​ 

Table of Contents

Introduction

Maritime law is the branch of law that contains a set of rules and regulations relating to nautical matters. ‘Maritime’ or ‘Admiralty’ laws are the rules and regulations that govern the disputes that arise while working on the sea. These laws govern nautical matters or any other incidences happening in open water. 

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The evolution of maritime law dates back hundreds of years. During those times trade between nations was widely done through sea transport. Gradually, it became a crucial branch of law. Furthermore, expanding the scope of this field of law became increasingly necessary to protect arbitrary claims by countries over the sea, which is otherwise a common resource for all of mankind. 

The scope of maritime laws is very broad and includes a wide spectrum of matters. The article talks about the history and evolution of maritime laws. It further discusses important aspects of maritime law, along with several important conventions of International maritime laws. The later part of the article discusses maritime laws in the Indian context, historical development, evolution, and current maritime laws.

phd in maritime law in india

What is maritime law

In common parlance, maritime law is the body of laws that regulate nautical matters such as matters pertaining to delivery delays, lost packages, cargo damage, and other disputes that may arise while shipping like damages to the ship, collision, accidents, and injury to the crew. Maritime laws deal with a country’s laws that regulate matters of the sea, whereas, public laws relating to the same matters come under the purview of the Law of Sea. These laws are a complex structure of various national laws and treaties of an international nature. These maritime laws have evolved drastically with the changing times.  

It is the fundamental principles, laws, conventions, and treaties that administer maritime businesses and other nautical matters like shipping or offences occurring on open water. It consists of laws, rules, and regulations to handle the disputes that arise in navigable waters and protect the persons or organisations who work on navigable waters, as well as passengers aboard vessels . 

Maritime laws are greatly influenced by international customs and practices, which is very obvious due to the subject matter and field of this law. These laws deal with a wide range of affairs and activities of the sea along with matters of navigable waters, including navigation, shipping, other marine affairs, ships, sailors, travelling of passengers through the sea, etc. Ordinarily, these laws are regulated by national legislation, but they are shaped by international influences, especially international conventions and treaties. The rationale behind this, as stated above, is that shipping and other such activities are bound to involve international relations.

Generally speaking, maritime laws apply to seawater only. The shipping activities carried out in interior waterways are regulated by other laws and rules. However, there are certain countries where the scope of maritime law also includes the matter of internal waterways. For instance, in Scandinavian countries, these laws also apply to shipping activities that have taken place in all the water bodies, be they lakes, rivers, or canals. 

Difference between admiralty, maritime laws and law of the sea

Although the two terms ‘admiralty law’ and ‘maritime law’ are used interchangeably, they both differ from each other significantly. 

The word ‘admiralty’ has limited jurisdiction over a narrow class of maritime matters, as per the procedure laid down in civil law. Admiralty pertains to rem and admiralty law is restricted to the law that is administered in courts. To put it simply, it encapsulates the matters of torts and contracts of the high seas. The latter term, i.e., ‘maritime’ exercises jurisdiction over all the issues arising on water or relating to the traffic of sea. This has a wider scope than admiralty.

Maritime law means the legal rules and concepts relating to the business of carrying goods and passengers by water. On the contrary, admiralty law is considered a branch of jurisprudence that pertains to maritime matters of civil and criminal nature. Also, it envisages a court or a tribunal administering maritime law through its separate and peculiar procedures.

Maritime law deals with private shipping issues and is generally referred to as the national legislation of the country, whereas the law of the sea is a branch of public international law. The law of the sea governs how individual countries are obligated to behave in maritime environments. The law of the sea is related to maritime movement and conduct, which is applicable internationally. Thus, these laws are a matter of international affairs.

phd in maritime law in india

History and evolution of maritime laws

The present-time maritime laws are naturally the product of an outgrowth of the evolution in this branch. The continuous commercial dealings between the nations that were actively involved in the navigation of seas are one of the reasons behind this evolution. The history of these laws dates back almost three thousand years. Let’s get a proper understanding of the history and evolution of maritime laws.

Transportation of goods between countries, i.e., import and export, is an inseparable part of international trade. These activities constitute a crucial part of ancient trade channels. Similarly, rules and regulations governing these sea transport activities, be they of goods or passengers, have been in existence since around the 1st millennium BC. 

The Rhodian Sea Laws

Back in the early days, the Egyptians, Phoenicians, and Greeks were the ones who were most actively involved in trading, in the Mediterranean Sea, and thus, most ancient maritime customs are said to be derived from their customs. The earliest laws or codes about maritime go back to the island of Rhodes, which were in turn influenced by Roman law. The ‘Rhodian Sea Laws’ are claimed to be the oldest laws in the field of maritime. Several records claim that these laws date back to 900 B.C. However, these came to be widely recognised around the period of 500 to 300 B.C. Primarily, these laws were formulated to provide predictable treatment to merchants and their vessels. As per the excerpts found in the ancient archives, the power to dictate the terms and conditions of trade vested majorly in the hands of Rhodes.

phd in maritime law in india

The decline of Greece and the simultaneous rise of the Roman Empire were said to have affected the influence of the Rhodian Sea Laws, yet it cannot be said that these laws completely lost their popularity. These laws were predominantly in existence in the Mediterranean Sea for almost one thousand years, although slight changes were witnessed after the rise of the Roman Empire. In the case of contradiction between the Romans and Rhodian laws, it was observed that the Rhodians used to decide the matter. However, the Romans made it crystal clear that the decision made by the Rhodian laws must not be in contravention of the Roman laws. 

Interference of the Romans

The Rhodian laws were later on levelled up by the Romans, to meet the changing scenario. A great enlargement was witnessed in the customary maritime laws, where the Romans extended the applicability of Roman laws and principles to the existing Rhodian laws. The main enhancement was in the revival of trade and commerce pursuant to the growth of Italian Republics and cities along the Rhine and the Baltic Sea. Special tribunals were also set up in the Mediterranean port to resolve the disputes arising among the seafarers. This was a major development in the branch of maritime law, since after this the judgments given by the tribunals were recorded, which in turn led to the codification of various customary rules. The three important codes that were found in Roman law were the ‘Consolato del Mare’ of Barcelona (cities of the Mediterranean), the ‘Laws of Oleron’ (France and England), and the ‘Laws of Wisby’ (free cities of the Hanseatic League on the Baltic). Parts of these were later formulated into European laws.  

Consulate Of the sea

Among the above three mentioned codes, the ‘Consolato del Mare’ often referred to as ‘Regulation of the Sea’ or the ‘Consulate of the Sea’, is said to be the oldest of these codes, and was prepared in Barcelona. This code was said to be a compilation of almost all the matters pertaining to maritime. Some of these subject matters are disputes regarding ownership of vessels, duties of captains and masters, the duties of seamen, and matters relating to their wages, etc. In earlier times the maritime laws were not formulated by the territorial sovereigns rather it was the customary laws prevailing at the time. It was only after the rise of modern nations, that the territorial sovereigns started formulating maritime laws. 

Early European codes

Over time, trade commerce in the Mediterranean region expanded northward and westward, which led to the development of sea codes in the northern European ports. The most recognised and important medieval sea codes among these were – the ‘Laws of Wisby’ (a Baltic port), the ‘Laws of Hansa Towns’ (a Germanic league), and the ‘Laws of Oleron’ (a French island). The oldest code, i.e., the ‘Consolato del Mare’ is said to be the inspirational code, which helped in the making of these above-mentioned codes. These three codes are often termed the ‘three arches’ based on which future maritime laws and regulations were developed. After the ‘Consolato del Mare’, the ‘Laws of Oleron’ are said to be the second most important laws in the regime of maritime laws.

The most standardised laws of maritime in the earlier period are said to have been developed in the areas belonging to what is now known as the Continental legal tradition. These developments proved to be a major part of the formulation of the early admiralty law of England, which is the origin of the common law legal tradition and is also one of the richest maritime states with rich traditions in shipping.

It is important to note that the admiralty doctrines of Europe were carried to the USA, which is also an active shipping nation. These doctrines were carried to the USA through the English admiralty law, which was in turn influenced by the ‘three arches’ of sea codes.

Evolution of maritime laws 

In the early time, maritime laws were mainly found to be uniform. The reason is that these laws needed to be like the ones which benefit the whole community, and not just a few individuals carrying out naval activities. This uniformity in laws also proved to be a hindrance to the growth of nationalism concerning the sea. Uniformity in the laws in the field of maritime eliminated problems related to unpredictability and conflict of laws. This idea of maintaining uniformity was first instigated by the combined efforts of lawyers and commercial men, who founded the Comite Maritime International (CMI) and the National Maritime Law Associations . This concept continues to grow under the aegis of the Intergovernmental Maritime Organisation (IMO) and other United Nations-affiliated organisations.

The International Maritime Committee (CMI) was founded in the year 1897, with the view of maintaining uniformity in the national legislation pertaining to maritime matters. The Hague Rules (International Convention on Bill of Lading) , the Visby Amendments (amending the Hague Rules), and the Salvage Convention are some of the conventions drafted by the CMI. The International Maritime Organisation of United Nations Organisations (UNO) has now taken over many of the functions of CMI. 

Even the IMO supports the existence of uniformity in maritime laws to avoid conflicts among various jurisdictions. Many countries have incorporated the views of IMO in their national legislation by adhering to the principles formulated by it. However, a lot is yet to be achieved; the countries have still not attained the desired uniformity in maritime laws.

The present maritime laws are the product of numerous ancient doctrines along with the new laws, both national as well as international. Marine insurance , general average ,  salvage , the welfare of seamen, and the ancient concept of ‘maintenance and cure’. These are some early concepts of maritime that are still in existence, and someway or the other a part of current maritime laws. The consistent nature of the basic dangers of seafaring is the prime reason behind the continuous use of some principles. However, other marine activities like naval architecture, cargo handling, and many more have changed significantly. Hence, the ancient laws needed to be changed as per the evolving scenario; this is the reason that the current laws are a unique blend of the ancient principles as well as the new laws. Some ancient laws were abolished and some remain intact.

History of Maritime laws in India

The history of maritime laws in India goes back to more than hundreds of years. Though we did not have a codified maritime law, due to a rich marine history of trading in and outside India, there existed some rules and regulations to govern maritime matters. It is evident from several historical documents that a large number of merchants and traders came to India in the early times to carry on trade in numerous fields. Thus, several laws, rules, and regulations were enacted for the smooth functioning of marine trading. Just like the other countries, maritime law in India has also witnessed a fair amount of development in recent years. In the early time, the jurisdiction of maritime laws in India vested with the Britishers. 

phd in maritime law in india

Components of maritime law

Maritime laws are regarded as a complete system of law, which includes both public and private matters, substantive and procedural laws, national and international legislations, and having its own courts and jurisdictions.

Maritime lien

A maritime lien is one of the most crucial aspects of maritime laws. A maritime lien is considered a maritime privilege in civil law. It is one of the finest and most noticeable peculiarities of maritime laws. A maritime lien is a claim against a vessel that can be imposed or executed through the seizure of a particular thing or relevant property. This provision was brought into existence to provide credit to the ships freely, and simultaneously ensure that the ship owners do not escape their debts without making the payment as a way of furnishing security. The maritime lien provides a right to property in deference to services offered to it or in case of any injury caused by the property. This right exists as a matter of law, irrespective of any change in ownership. To avail of this claim, retaining the possession of the vessel by the creditor is not a requisite condition.

A maritime lien is often called the ‘barnacle’ attached to a ship’s hull, because a maritime lien concerning a particular ship, travels with that ship, even if there has been a change in ownership.

The International Convention on Maritime Liens and Mortgages 1993 , in Article 4 , defines the concept of a maritime lien, which enumerates the list of claims that could be enforced to secure a maritime lien on the vessel. It can be made against the owner, demise charterer, manager or operator of the vessel. This lien provides the right to a person to necessitate the sale of a ship, which is done to propitiate the debt owed to him/her on account of such a vessel. A delay in the enforcement of maritime lien would result in losing the privilege of claiming the right. It is also important to note here that a complete obliteration of a vessel will result in extinguishing the right of a maritime lien. Also, there is no such necessary condition that the claimant should register the maritime lien.

The right of maritime lien not only arises on the commission of a maritime tort, like, negligent collision or personal injury, but it also arises in the case of infringement of maritime contracts, general average contributions, and salvage services .

Some important judgments

Let’s discuss some judgments of different international courts as well as Indian courts to understand the concept of a maritime lien.

The High Court of the Solomon Islands, in the case of Wahono v. The Ship MV Yung Yu No 606 (2001) , held that in common law, the claims pertaining to maritime lien can also attach to freight or cargo, which in turn includes the catch of fishing vessels as well.

In the case of Maruwa Shokai (Guam) Inc v. Pyung Hwa 31 and ors. (1993) , the Supreme Court of the Federated States of Micronesia held that the claim in respect of maritime lien includes transhipment costs as well, as ‘necessaries’. To clarify this concept the Court went on to say that the term ‘necessaries’ includes ‘things reasonably needed in the business of vessels or ships.’

In the case of the State of Goa v. Sale Proceeds of the Vessel MT Pratibha Bheema (2018) , a vessel was anchored at the Panaji Port. It was, later on, found that the vessel developed a technical snag. Due to the bad weather conditions, the plaintiff, i.e., the State of Goa, towed the vessel to Mormugao Port. In the meantime, the vessel was sold while it was anchored to the port. It is to be noted that at the time of sale, the vessel was in an area controlled by the plaintiff. Owing to this fact, the plaintiff demanded some charges from the sale proceeds. The issue before the court was to determine whether the claim made by the plaintiff was secured by a maritime lien. The Court had to determine whether this claim comes under the purview of Article 1(l) of the International Convention for the Unification of Certain Rules Relating to the Arrest of Seagoing Ships, 1952 and Article 1(n) of the International Convention on the Arrest of Ships, 1999 . The Court held that being a signatory to the conventions mentioned above, the plaintiff’s claim falls under the category of a maritime lien.

In the case of Bank One Louisiana N.A. v. M/V Mr Dean (2002) , the Court dealt with the issue that when a maritime lien for breach of charter arises. The court stated that a maritime lien is the basis of the proceeding in rem . It is a process to perfect a right, which is elementary from the moment the lien attaches. The court thus held that a maritime lien attaches at the beginning of a charter.

Shipping charters

Shipping charters are the contracts governing this transportation of goods by ships carried out either by the charter parties or by bills of lading . 

Types of shipping charters

The term ‘charter party’ mainly contains three crucial types of contracts about the use of vessels owned and controlled by others. These three charters are demise charter, time charter and voyage.

Bareboat charter

In a ‘demise’ charter, also known as a ‘bareboat’ charter, the possession of the vessel is handed over to the charterer by the ship owner, who in turn performs the rest of the activities. The charterer, after the delivery of possession, employs the crew and manages them, arranges the necessary repairs and supplies, and all the other general functions, just like the ship owner would have carried out. 

Time charter

The second category of the charter is the ‘time’ charter. Under this charter, a crew and a master are employed by the shipowner, and the charterer is only authorised to direct the movements of vessels. Herein, the charterer is also authorised to determine the cargoes to be carried out during the charterer period. The charterer under this charter has very limited authority. 

Voyage charter

The third category of the charter is the ‘voyage’ charter. It is a contract of carriage or affreightment . Under this charter, it is a customary norm that the master or his agent issue a bill of lading to the shipper, and the voyage charter remains a governing contract of carriage. The bills of lading only serve the purpose of receipt and a document of title to the goods. Ordinarily, the voyage charters deal with the carriage of full cargoes on one or a series of voyages. However, in certain cases, the charterer is only allowed to use a particular portion of the carrying capacity of a vessel. In such exceptional cases, the contract is termed a ‘space’ charter.

Limitation of liability

A very distinctive feature provided under the maritime laws is the option where the ship owners or certain other persons have the choice of limiting their liability, in some exceptional cases of tort and contract claims. 

In some countries, the extent of the limit is decided based on the value of the vessel and the earnings of the voyage where it met with the casualty. However, claims for personal injury and wrongful death are excluded from this method of deciding the limitation. On the contrary, some countries have ratified the Brussels limitation of liability convention of 1957 or where new domestic legislation has been enacted, the limit is set as £28, or its equivalent, and this limit is in turn multiplied by the adjusted net tonnage of the vessel, irrespective of the actual value of the vessel. The necessary condition for availing of this privilege must be free from privity or knowledge. Simply put, the person asserting this must be free from any actual fault or privity. The term ‘actual fault’ connotes that the person who is availing the privilege of this principle is entitled to limit his liability, only up to an extent of his crew’s negligence, i.e., the shipowner should not be negligent on his part.

The shipowner will be set free from liability up to an extent, where negligence has been done on the part of the master or crew. The shipowner cannot be released from liability if the casualty has been caused because of his own negligence or that of his managerial personnel.

Collision liability

The responsibility for collision damage under maritime law is based on the foundation of the fault principle. It states that a colliding vessel will not be held accountable for damaging another ship or any fixed object like a bridge, wharf, etc. unless the reason behind the collision was insufficiency or deficiency in the colliding vessel. It will also be held accountable if there has been negligence or a willful act on the part of the navigators. Ordinarily, the onus of proof lies with the moving vessel. 

Under the purview of the doctrine of salvage, the aliens to the maritime ventures who save the maritime property from any casualty from the dangers of open water, are entitled to be provided with an award. This is to acknowledge their efforts and thereby entitle them to a maritime lien on the rescued property. Several factors are taken into account while considering or fixing the amount that is to be given to the person who salvaged the property. Some of these factors are; efforts put in by the rescuer, skills and energy displayed, the value of the vessel, cargo or any other property salvaged, the risks that the salvager faced while rescuing, the degree of danger, etc.

General average

Under the doctrine of general average, the term ‘average’ connotes a loss sustained by a vessel or its cargo. In a situation where one part of a maritime venture is sacrificed to save the other segments, the average in such cases is termed as ‘general.’ This doctrine is still widely accepted. However, some instances were recorded when demands were made to abolish it. 

Marine insurance

Marine insurance is an essential feature offered by maritime laws. In layman’s language, marine insurance encapsulates all the damages caused to the goods during transit. The insurance policy extends to exposed goods kept offshore or onshore, marine liability, hull, or casualty. It is very essential for the import or export trade proceedings. The oldest form of insurance is marine insurance. 

phd in maritime law in india

Different concepts under maritime law 

Ship registration.

Ship registration is a procedure that lays out the documentation of a ship’s nationality. Registration of a ship is done to establish a ship’s nationality and further govern shipping. It links the particular ship to a state, and by doing so, a state gets the right to protect that ship in the eyes of international law. 

Once a ship gets its nationality documented, it allows the ship to travel internationally wherever the citizens of that particular nation want to travel. Every ship must be registered in a particular country. A ship follows the laws of the country where it is registered. 

A ‘flag state’ is the term given to the country in which the ship is registered. The flag state of the ship has complete regulatory control over the vessel. Also, for countries that are a signatory to international agreements, it becomes necessary that the flag state inspects the vessels regularly and gives certification to the ships and their crew members. The flag state also issues certificates regarding safety and environmental protection. The ‘registry’ is the organisation authorised to register the ships and certifies the ship for compliance. The nature of the registry, i.e., private, governmental, or a hybrid of two depends on the national legislation of the country. In some cases, the government authorises the third agency to carry out the process of registration of the ships. 

Ship arrest

The term ‘ship arrest’ is associated with the admiralty procedure of civil law, in which a warrant of arrest is imposed on the ship. In maritime law, there is a provision that provides for restraining the movement of a ship or trading via a ship, till the time further directions are issued by the concerned court. This is a process where the vessel or ship is detained by following a judicial procedure to secure a judicial claim. However, it is important to note that this ship arrest does not order the seizure of a ship in execution or gratification of a judgment.

A warrant of arrest for a ship can be done for several reasons. The authority delegated to do this work can arrest the ship after complying with the legal procedure laid down by maritime law. This warrant includes an investigation of the ship as well. The investigation for a ship can be done from crimes and other instances like collisions, salvage, loss of Life, personal injury, loss of property, violation of customs, regulations, road norms, health norms or safety regulations, and execution of a decree.

Recreational boating

The term ‘recreational boat’ means a ship or boat of every description that is used or is capable of being used for transportation, including lifeboats, transient boats, liveaboard boats and any other types of boats. The industry involved in recreational boating witnesses hundreds and thousands of casualties and injuries every year. It is important to note that these ships are ordinarily used for noncommercial purposes. However, the same rules that apply to commercial boats apply to non-commercial boats as well. In cases of infringements of navigation rules or maritime laws by these non-commercial boaters, they have to face legal consequences as enumerated in the concerned maritime laws. Collisions, allusions, and grounding at speed are some common incidents that may have a disastrous effect on those who are aboard these ships. 

These incidents are governed by maritime laws, apart from certain exceptions known as ‘seasoned maritime incidents.’ The injury claim in these cases is subject to comparative fault, which means that the fault is assigned to all the parties involved. For example, in cases of pleasure craft collisions, all the operators and vessels are said to be involved. However, to prove the non-involvement, the party needs to gather supporting evidence in the early stages. Some common mistakes that recreational boaters witness are; failing to yield to traffic, improperly overtaking other vessels, blind turn issues, speeding, throwing excessive wake, inadequate navigational lights, docking accidents, and lack of training.

Transit passage rights

Transit passage is a concept in the law of the sea that provides for the free movement of a vessel or aircraft, thereby providing them with the freedom of navigation or overflight to follow a smooth, continuous and expeditious transit of a strait between one part of high seas or exclusive economic zones to another. 

However, there exists an exception to this right of transit passage, which states that when the strait is formed between an island of a state bordering the strait and its mainland, and if there exists a seaward of the island, the right of transit in such cases shall not apply. 

Every military and commercial ship possesses an unhindered right of transit passage through channels that are used for international navigation in a normal mode of operation without adjoining notices or consent of states. The term ‘normal mode of operation’ in relation to surface ships and submarines means that the surface ship may move in a manner consistent with vessel security and the submarines may transit submerged. The adjoining states shall not suspend the vessel for any unnecessary reason including military exercises. Also, the states must not adopt such laws or regulations that hinder or hamper the right of transit passage.

Protection of the marine environment 

Pollution in the sea bodies has been an issue for the past several decades, owing to which the international communities have formulated various rules and regulations to deal with this problem. Various treaties and conventions have been enumerated by international communities and organisations to curb the issue of the marine population. Even the United Nations Conventions have formulated certain norms and rules in the law of the Sea like the International Convention for the Prevention of Pollution from Ships , etc for the same. It lays down duties and obligations on the signatory countries to protect and preserve the marine environment. Maritime laws consist of several provisions that provide for the protection of the marine environment. The United Nations Convention on the Law of the Sea (UNCLOS 1982) is one of the most important treaties in the field of marine laws which includes laws for the protection of the environment along with placing an obligation on all nations to work in the field of protection of the marine environment. 

International maritime law

The laws that govern international waters are known as international maritime law. It consists of several treaties, conventions, and a body of laws that are made to regulate maritime organisations and nautical issues. International maritime law regulates matters concerning the process of carrying goods through sea, protection and maintenance of vessels, registration of ships, marine insurance, damage to ships, etc. 

Fundamental principles governing the Law of the Sea

The Law of the Sea is a branch of international public law governing the matters of the sea, thereby maintaining peace and public order in the open waters. Let’s discuss the fundamental principles concerning this branch of international law. 

The three fundamental principles governing the Law of the Sea are:

Principle of freedom

Since the inception of the laws concerning the sea, the concept of freedom of the sea has been in existence, be it expressed or implied. It mainly connotes that a country has limited national rights and jurisdiction over an ocean. The concept of freedom in utilising the sea was first incorporated by the Queen of England. The motive behind the principle of freedom is to ensure free use of the ocean, thus granting freedom of various activities like navigation, overflight, laying submarine cables and pipelines, etc. 

Principle of sovereignty

The concept of sovereignty in sea laws was enumerated to safeguard coastal states’ interests. It provides that the states into offshore spaces and some maritime zones can exercise a certain amount of special jurisdiction and some exclusive rights. The parts of the sea over which a nation has control and possesses certain exclusive rights and jurisdiction, then that part of the sea falls under the territory of that nation. Put simply, the principle of sovereignty provides for territorial jurisdiction overseas concerning a coastal state.

The common heritage of mankind

This principle of the common heritage of mankind emerged as a converse of the principle of sovereignty. This principle marked its presence against the traditional concepts of the Law of the Sea. This principle considers mankind as a whole and states that the sea belongs to none. It is based on the notion that man is the pivotal actor in the laws concerning the sea, thus, bringing individuals into the concept of the Law of the Sea.

International conventions on maritime law

In order to establish maritime laws and ensure better enforcement and regulation of these laws, the United Nations (UN) established an organisation titled ‘ International Maritime Organisation ’. The organisation was formed by the UN as a specialised agency that has been conferred with the responsibility for managing the safety and security of shipping, along with preventing marine pollution that is caused by the ships. In the light of fulfilling the duties conferred upon the organisation, the IMO has created various conventions. The establishment of IMO in 1948 has played a crucial role in the reformation of several important marine policies all over the globe. 

The foremost important conventions brought upon by the IMO and United Nations are;

United Nations Convention on the Law of the Sea

The year 1982 marked the emergence of the United Nations Convention on the Law of the Sea. The law is a comprehensive regime of law that deals with the regulations pertaining to the world’s oceans and seas, thereby establishing law and order. It further lays down rules regulating the usage of ocean resources. The Law of the Sea is a compilation of traditional laws which deals with the uses of oceans and several new legal notions and regime which talks about the current issues and matters concerning maritime matters. Also, the law provides a legal framework to further develop several areas of the Law of the Sea. It is an international agreement in which several countries of the world are signatories, which enumerated several guidelines for conducting business via sea, the marine environment framework and also the management of marine natural resources. 

Safety of Life at Sea (SOLAS) Convention

The ‘ Safety of Life at Sea ’ Convention is considered to be one of the most important conventions in the field of Maritime. In the marine industry, the most crucial concern is the safety of crew members and board members on the vessel. In light of this, the above-mentioned convention was enacted. The convention lays down minimum safety requirements that need to be met in relation to the construction, equipment, and maintenance of the ship. The code consists of 14 chapters which lay down various safety standards to be followed. However, the convention does not apply to all ships. The convention applies only to vessels travelling in international waters, provided it does not include warships, cargo ships of less than 500 GT, non-propelled ships, wooden ships, non-commercial pleasure yachts, and fishing vessels. Hence the above-mentioned list of vessels will not be held accountable for not following the rules and regulations enumerated in the SOLAS convention.

Maritime Labor Convention (MLC)

The minimum standards for seafarers who are working on a ship are set up by the Maritime Labour Convention . It is an internationally recognised convention, that enumerates uniformly the regulations and guidelines to be followed while setting minimal standards for several things like contracts of employment, pay, manning levels, hours of rest, leave entitlement, repatriation, compensation for ship loss or foundering, and career and skills development. As per the provisions of this convention, the seafarers before working on a ship should be trained first, to avoid future problems that may come the way of seafarers due to the lack of knowledge. The convention also ensures other hospitality facilities for seafarers. The convention also lays down certain norms for undergoing regular risk assessments. It is important to note that the convention does not apply to inland waters.

Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers Convention

The convention that lays down the minimum qualification standards for the seafarers or the crew members and the personnel on board a ship is known as the ‘ Standards of Training, Certification and Watchkeeping for Seafarers Convention ’.The convention provides for the training of seafarers, following which a certificate is issued by an approved source. It is important to note that this convention also applies to non-party states when the ships are visiting the states which are party to the convention. This convention applies to all ships that are greater than 24 metres. 

The International metersConvention for the Prevention of Pollution from Ships (MARPOL)

This convention was formulated to deal with the issue of marine pollution that is caused by ships. This convention enumerates various codes and regulations for the protection of the environment from the pollution caused by ships. The convention includes pollution prevention from a routine operation or accidental perspective. It also lays down the discharge and cleaning process that is to be done for a ship on a regular basis. The convention also provides for regulation for setting standards of stowing, handling, and transfer of hazardous cargo.

Convention on the International Regulations for Preventing Collisions at Sea, 1972

This convention was adopted in the year 1972, thereby repealing the Collision Regulations of 1960. It is considered one of the most important conventions since it gave recognition to traffic separation schemes, which included various provisions like determining a particular speed limit, the conduct of vessels, other provisions for the risk of collision, etc. The enactment of this convention made it crystal clear that observance of all traffic schemes shall be made mandatory. 

International Convention on Tonnage Measurement of Ships

This convention was formulated to introduce uniformity in the tonnage measurement system. It was enacted in 1969 and came into force in July 1982. Before this convention, several methods were in existence for the calculation of tonnage of the merchant ships. Gross and net tonnages are the two calculations included under this convention, both of which are calculated independently. 

International Convention on Maritime Search and Rescue (SAR)

This convention was adopted in the year 1979 and came into force in 1985.  It was adopted with a view to inculcate a uniform search and rescue plan, hence irrespective of the fact of the place of incident, the rescue team will immediately contact the SAR organisation. Thus, the incorporation of a separate SAR organisation will facilitate a smooth resolution of the casualties caused by accidents. 

International Convention for Safe Containers

The convention for safe containers was adopted in 1972 and came into force in 1977. It was witnessed that there was a rapid increase in the use of freight containers in the delivery of goods by sea, along with the development of special container ships. Hence, the IMO, in cooperation with the Economic Commission for Europe, came up with the draft of this convention. The convention aims to address two important issues, namely, a high level of safety of human life by incorporating some test procedures and requirements for the containers, and secondly, smooth facilitation of containers on an international level, by providing uniform safety regulations. 

International Convention Civil Liability for Oil Pollution Damage

This convention was adopted with a view to provide a better amount of compensation to the people who suffer due to the oil pollution caused by the oil-carrying ships. The convention places the liability for payment of compensation to the deceased on the shipowner whose ship caused the pollution.

Several other conventions have been formulated by International Maritime Organisations and are readily available on the website of IMO.

Maritime law in India

Prior to independence, several laws and rules were enacted to ensure safe and efficient maritime trading. Some of the post-independence laws that were enacted by the British in the field of maritime law are the Inland Steam Vessels Act, 1917 ; the Coasting Vessels Act, 1838 ; the Indian Ports Act, 1908 ; the Indian Merchant Shipping Act, 1923 ; the Merchant Seamen (Litigation) Act, 1946 ; the Control of Shipping Act, 1947 ; the Merchant Shipping Laws (Extension to the Acceding States and Amendment) Act, 1949 ; etc. These laws were mainly in the fields of salvage, certification of seafarers, ship liability, owner’s safety, line conventions, etc. However, these laws were not in harmony with the current needs of the maritime, and hence most of the above laws are no longer in existence, yet these laws have somehow helped in shaping the current maritime laws. 

In the pre-independence period, admiralty jurisdiction was vested in the courts of Madras, Bombay, and Calcutta. In the case of M.V. Elisabeth And Ors v. Harwan Investment And Trading (1993) , it was held that ordinarily, the High Courts of India hold superiority over any other courts in India in case of maritime matters. The High Courts of India have unrestricted jurisdiction over maritime matters. Thus, their decision was final and binding. 

India has enacted the Admiralty (Jurisdiction and Settlement of Maritime Act), 2017 as the national legislation for governing maritime matters. 

Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017: an overview

Enactment of the act.

The Law Commission in its 151st Report recommended various amendments and suggestions in the field of maritime laws. Based on these recommendations, a Bill was introduced in the Lok Sabha in the year 2005. However, the bill was not passed at that time. Later, in the year 2016, the Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill was introduced in the Lok Sabha, which received the assent of both houses. Finally, the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 was enacted, which later came into force in April 2018. 

The enactment of the 2017 Act resulted in the abolishment of the Admiralty Courts Act of 1861 , the Colonial Courts of Admiralty Act of 1890 and provisions of the Letters Patent Act of 1861 which related to matters of admiralty. The Act of 2017 is retrospective in nature; thus, all the pending adjudications pertaining to admiralty matters would be adjudicated under this Act. As per the provisions of the Act, it empowers the High Court of Karnataka, Gujarat, Orissa, Kerala, and Hyderabad (for Telangana and Andhra Pradesh) or any other High Court as per the notification published by the Central Government to decide the matters concerning maritime claims. 

The Act aims to consolidate current laws on civil matters of admiralty jurisdiction of courts, proceedings concerning maritime claims, arrest of ships, and all other matters in relation to this. The title of the Act itself clarifies the objective of enacting the statute. The Act attempts to consolidate all the laws concerning admiralty jurisdiction and other legal proceedings in relation to the vessels, along with ship arrest, detention, sale, and other connected matters.

Application

The Act applies to all the vessel owners, i.e., irrespective of the fact of the domicile of the owner. However, the Act does not apply to those vessels that are still under construction and have not been launched yet. The warship, naval auxiliary or other vessels which are owned and used by the Central or State Government or which are used for non-commercial purposes are also some other exceptions to the applicability of the Act. Also, a foreign ship that is used for non-commercial purposes as per any notification by the Central Government falls under the exceptional category. Section 4 of the Act provides a list of the matters that fall under the jurisdiction of maritime claims against any vessel. Section 5 provides for the provision of in rem proceedings against the vessel, wherein the vessel itself is considered a wrongdoer. It further empowers the High Court to make a ship arrest within the jurisdiction of the Court. The Court then directs the parties to furnish security against a maritime claim. 

Landmark judgments 

M.v. elisabeth and ors vs. harwan investment and trading (1993), facts of the case.

The appellant, M.V. Elisabeth,  in the present case left his ship in the Marmagao in India, without issuing any bills of lading or any other required documents required by the respondent for the goods carried by it. After reaching the port, it was found that the appellant had misdelivered the goods, contrary to the respondent’s directions. 

Being aggrieved by this, the respondent instituted an action in rem , in the High Court of Andhra Pradesh. The vessel was arrested at the Visakhapatnam Port and was later released after furnishing security as per the court order.

Later on, the appellant disputed that the Andhra Pradesh High Court does not have jurisdiction over the vessel. This contention of the appellant was rejected by the Division Bench of the High Court, against which the appellant moved an appeal before the Supreme Court.

  • Whether Indian High Courts possess admiralty jurisdiction against a foreign ship, whose owner is not a resident of India or does not have a business in India.
  • Whether the High Courts of India have the power to arrest the vessel once it enters Indian waters for legal proceedings.

Judgment 

The Supreme Court dismissed the appeal on the ground that the trial court possesses jurisdiction over this matter and further directed the case to be returned to the High Court. It further stated that the Andhra Pradesh High Court undoubtedly possesses admiralty jurisdiction claims relating to inward and outward cargo movements. Hence, the court quoted that it did nothing wrong by ordering the arrest of the vessel from the port of Visakhapatnam, as the Court had jurisdiction to order an arrest of the ship.

British India Steam Navigation Co Ltd vs. Shanmughavilas Cashew Industries (1990)

In the present case , Shanmughavilas Cashew Industries, i.e., respondent no. 1 purchased 350 tons of raw cashew nuts from East Africa. The cashew nuts were shipped in the vessel SS Steliosm chartered by the appellant, a company incorporated in England. The vessel was chartered by the contract of affreightment, as evidenced by 3 bills of lading issued in favour of the shipper for 3 loads of cashew nuts. However, it was found that out of 4,445 bags, only 3,712 bags of cashews were delivered in Cochin. The respondent, aggrieved by this, sued the appellant and demanded damages for the short delivery. The trial Judge and the High Court ruled in favour of the respondent. Followed by this, the appellant moved an appeal before the Apex Court.

Whether the consignee or an endorsee is bound by the terms of the charter party terms incorporated into the bill of lading even if he is unaware of those terms. 

The Apex Court allowed the appellant’s contention, thereby setting aside the judgment of the High Court of Kerala. The court further remanded the case back to the trial court, stating that the parties should be given a fair amount of opportunity. The court went on to say that the consignee or an endorsee is bound by the terms of the charter party and other terms of the contract enumerated in the bills of lading, even if the consignee or endorsee is not aware of the terms.  

Owners And Parties Interested In The Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (2022)

In the present case , the Commercial Appellate Division of the High Court of Madras allowed the commercial appeal filed by the respondent in respect of an admiralty suit. The appellant, Galaxy Marine Service Ltd., a registered owner of the ship executed a charter party with Profitable Wealth Inc. (PW), which is further managed by Wirana Shipping Corp Pte Ltd., a Singapore company. The charterer further sub-chartered the vessel to Gulf Petroleum for carrying marine oil. Gulf Petroleum entered into a contract with Indian Oil Corporation, which was to be loaded at Kandla Port for discharge at Fujairah.

The Gulf Petroleum asked the respondent, Banque Cantole De Geneve, to finance the purchase of the oil. Later, PW issued a letter of indemnity to the appellant, and GP in turn issued a counter-indemnity to PW. The respondent further honoured the indemnity credit and paid Indian Oil Corporation. After some time, it came up before the appellants that they were cheated by the GP. Owing to this fact, the respondent asked the owner of the vessel to not discharge the ship. However, it was found that the ship was already discharged, and because of this, the respondent filed a misdelivery claim before the Madras High Court (Commercial Division Bench). The Commercial Division directed the arrest of the ship. A summary judgment was demanded by the respondent. Gradually, security was furnished, and the vessel was released. However, the court demanded that since GP is a necessary party, he should be made a party to the suit. Thereafter, an appeal was filed in the Commercial Appellate Division of the High Court (Division Bench), by the respondent. The Court allowed the appeal. Being aggrieved by this, the appellant moved before the Apex Court.

Issue 

Whether an appeal lies before the Commercial Appellate Division of the High Court against an order passed by the Single Bench Commercial Division of the same High Court for the addition of a party, in an Admiralty Suit.

The Apex Court dismissed the appeal and held that an appeal before the Division Bench of the Commercial Appellate Division is not maintainable. An appeal cannot lie against the order passed by the Single Bench Commercial Appellate Division of the same High Court. 

Conclusion 

The maritime industry is one of the most important industries for the economic development of any country. Hence, it is of prime importance to have uniform and stable laws to regulate and govern these matters. 

Frequently Asked Questions (FAQs) 

Which regulatory authority governs shipping in india.

Shipping in India is centrally regulated and governed by the Ministry of Shipping (MoS) . The Ministry of Shipping has formed a semi-autonomous body, i.e., a statutory body, called the Directorate General of Shipping, commonly referred to as “DG Shipping.”  The authority has been granted powers through the Indian Merchant Shipping Act, 1958 (MSA) . The Act deals with all the matters pertaining to shipping policies, legislation, and the implementation of international conventions. 

In India, the admiralty suits are brought before which court? 

In India, admiralty suits come under the jurisdiction of the High Court of the coastal state where the matter arose. As per the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, a High Court can only exercise jurisdiction over a vessel which falls under their coastal waters.

Which Convention codified the basic principles of nationality and registration pertaining to a ship for the first time?

The 1958 Geneva Convention was the first formal code that established the principles of the flag state and ship registration in international maritime law. In the convention, it was stated that the vessel should possess the nationality of the state to which it belongs upon registration. 

References 

  • Michael J. Daly, Louis R. Koerner Jr., Anne L. Kulesa, Joseph F. Kulesa and Laurie Sands, Recent developments in Admiralty and Maritime law, Vol. 45, No. 2 (2010), pp. 119-147.
  • George C. Potter, The Sources, Growth and Development of the Law Maritime, Vol. 11, No. 3 (Jan. 1902), pp. 143-152.
  • https://www.forpeopleforjustice.com/overview-maritime-law/
  • http://admiraltypractice.com/chapters/8.htm
  • https://www.shippingandfreightresource.com/what-is-maritime-law-and-what-is-its-function/#:~:text=Maritime%20law%2C%20which%20is%20often,seas%20or%20other%20navigable%20waters  
  • https://hrcak.srce.hr/file/153199  
  • https://www.mondaq.com/india/marine-shipping/208090/maritime-lien-in-india
  • https://blog.ipleaders.in/admirality-jurisdiction-settlement-maritime-claims-2017/  
  • https://www.ukpandi.com/news-and-resources/articles/2018/legal-article-india-admiralty-jurisdiction-settlement-of-maritime-claims-act-2017/#:~:text=The%20Admiralty%20Act%20aligns%20Indian,of%20vessels%2C%20and%20so%20on .
  • https://ssrana.in/litigation/maritime-admirality-law/
  • https://www.imo.org/en/About/Conventions/Pages/ListOfConventions.aspx  

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Japan, US, South Korea Strengthen Maritime Ties with Historic Drill

Japanese, us, and south korean coast guards conducted their first joint drill to strengthen maritime ties amid china's increasing assertiveness. the exercise follows an agreement to enhance security cooperation in the indo-pacific, and involved search and rescue operations off japan's coast based on a simulated fire emergency..

Japan, US, South Korea Strengthen Maritime Ties with Historic Drill

In a historic move, Japanese, US, and South Korean coast guard vessels carried out their inaugural joint drill off Japan's coast on Thursday, aimed at bolstering maritime ties as a countermeasure to China's growing assertiveness.

The exercise takes place against the backdrop of skirmishes between Chinese and Philippine coast guard vessels in the contentious South China Sea, raising concerns about a potential armed conflict involving the United States.

Initiated by a leader-level agreement last August, the drill focused on search and rescue operations near Maizuru in Kyoto, simulating a scenario of rescuing crew members from a fire-stricken South Korean ship.

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Sri Lanka: Improving Interagency Coordination on Maritime Domain Awareness of National Maritime Law Enforcement  Agencies

phd in maritime law in india

Colombo, Sri Lanka/29 May 2024:  Despite the vital economic activity in the maritime domain—where 90% of world trade by volume occurs and 99% of the world’s telecommunication data travels through submarine cables—maritime issues often remain out of sight for many. This invisibility has turned the maritime space into a fertile ground for criminals who exploit these obscured waters to advance their illicit objectives, such as drug trafficking, illegal fishing, and pollution crimes in the marine environment, highlighting the urgent need for enhanced Maritime Domain Awareness (MDA). 

Sri Lanka faces challenges in enhancing its Maritime Domain Awareness (MDA) due to its strategic location in the Indian Ocean, a major hub for international maritime traffic. The high volume of commercial and fishing vessels  within Sri Lankan waters creates a complex environment for monitoring activities and identifying potential threats.  Additionally, maritime crimes, particularly drug trafficking by sea, pose significant threats to the security and economic stability in Sri Lanka and South Asia, a region flanked by two major drug-producing countries. The use of fishing vessels to traffic drugs exploits vulnerabilities in maritime governance and enforcement. In light of the above, UNODC’s Global Maritime Crime Programme (GMCP) has embarked on a mission to bolster Sri Lanka’s MDA capabilities. Through a meticulously designed series of training programmes, UNODC GMCP has progressed from foundational to advanced levels, emphasizing interagency collaboration and communication to strengthen maritime law enforcement. These initiatives aim to equip Sri Lanka's maritime agencies with the skills and knowledge necessary to effectively address maritime threats and enhance overall maritime security.

On 16-17 May 2024, UNODC GMCP delivered a Maritime Domain Awareness Interagency Training and Tabletop Exercise, bringing together various Maritime Law Enforcement (MLE) agencies in Sri Lanka to   promote inter-agency coordination frameworks . The exercise saw participation from the Sri Lanka Navy, Sri Lanka Coast Guard, Sri Lanka Customs, Sri Lanka Ports Authority, Ministry of Environment, Coastal Conservation and Coastal Resources Management Department, Attorney General’s Department, Ocean Affairs Division of Ministry of Foreign Affairs, Sri Lanka Police, Department of Fisheries and Aquatic Resources, Department of Immigration and Emigration, and Ministry of Ports, Shipping and Aviation. This collaborative effort aims to strengthen MDA capabilities across different agencies, promoting coordinated operational responses to potential maritime threats by sharing information. By focusing on the latest MDA techniques, technological advancements, and global best practices, the programme encourages a comprehensive understanding of maritime security issues and appropriate response in line with Sri Lanka’s capabilities and South Asian context. Through shared insights, experiences, and enhanced interagency cooperation, participants gained a deeper understanding of Sri Lanka's maritime domain.

Similarly, on 27-30 May 2024 , UNODC GMCP continued this training series, delivering MDA Basic to Advanced training programmes to support officials from Sri Lanka Navy and Coast Guard in efficiently identifying, evaluating and responding to maritime information through difference case scenarios.

By continually enhancing MDA capabilities through comprehensive training and fostering robust interagency collaboration, UNODC GMCP significantly contributes to Sri Lanka’s maritime security landscape. The successful execution of these programmes underscores the importance of collective effort and shared expertise in tackling maritime crime.

These activities are delivered in Sri Lanka with generous funding from the people of Japan and contribute to SDG 16. 

Copyright © 2024   UNODC, All Rights Reserved, Legal Notice

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    For information about the PhD programme at the Faculty of law, please visit the following webpage. A. Autoship. B. Bridging the gap: The role of interconnectors in an emerging European Energy Union. C. CO2 capture, transport, and storage (CCS) Consequences of Investments for National Security (COINS) Constitutionalizing international investment ...

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  27. Sri Lanka: Improving Interagency Coordination on Maritime Domain

    Sri Lanka: Improving Interagency Coordination on Maritime Domain Awareness of National Maritime Law Enforcement Agencies. Colombo, Sri Lanka/29 May 2024: Despite the vital economic activity in the maritime domain—where 90% of world trade by volume occurs and 99% of the world's telecommunication data travels through submarine cables—maritime issues often remain out of sight for many.