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1UNIVERSITY OF RIJEKA

FACULTY OF MARITIME STUDIES

Course Description



Course Description

Course code 116445 Course of study Maritime Public Law



Course Description

General Course Description (the course concentrates on a single subject)Study pro-gramme

Nautical studies Maritime Transport Technology Logistics and ManagementMarine Engineering

Level Bachelor x Master PhDYear of study Semester

Core x ElectiveKnowledge for STCW covered

tasksx

Length of course organised on a&

semester basis x modular

basis trimester basis

Current academic year 2015 / 2016



Course Description

Course ObjectivesStudents should become familiar with international and national rules and regulations regulat-ing the boundaries of national jurisdiction at sea, rights and duties of states and other subjects of international law at sea, their mutual relations related to exploitation of marine and submar-ine resources and their protection, safety of navigation and protection of marine environment, organization of maritime administration, flag state and port state control, maintenance of order in ports and harbours, regime of maritime domain, labour relations of seamen, relations among states concerning war and neutrality.



Course Description

Learning OutcomesDefining and interpreting basic notions of international law of the sea, law of armed conflicts at sea, and legal aspects of maritime safety and protection of the marine environmentsExplaining development of the codification and legislation of the international law of the sea and maritime lawComparing and describing relevant international and national sources of lawDescribing and interpreting structure and functions of international organizations (IMO, EMSA etc.) and national marine administrationsAnalysing specific legal position of ship master, officers and crewmembers, and interpreting their rights and duties on the basis of relevant rules and regulations.



Course Description

Course Outline & TopicsInternational Law of the Sea: Codification of the Law of the Sea: UNCLOS I, II and III - Geneva Conventions (1958) and UN Convention on the Law of the Sea (1982) Internal wa-ters, Ports, Bays, Historic Bays and Historic Waters, Archipelagic Waters, Regime of Islands, Straight Baselines, Territorial Sea, Contiguous Zone, Straits Used for International Naviga-tion, Suez and Panama Canal, Continental Shelf, Exclusive Economic Zone, Maritime Bound-ary Delimitation, Area, High Seas, Hot Pursuit, Land-locked States, Geographically Disad-vantaged States. Enclosed and Semi-Enclosed Seas, Marine Scientific Research, Marine Pol-lution. International Law of Military Conflicts - Definition, Elements and Sources of Law, The Hague and Geneva Conventions, Customary Law, UN Charter, Neutrality, Rights and Duties of Neutral and Belligerent States, War Zones, Armed Forces, Status of Military and Merchant Ships in Armed Conflicts, Blockade, Contraband of War, Protection of Civilians and Prisoners of War.Maritime Law: International Maritime Organization (IMO) – Structure, Goals, Function. Methods of Unification of Maritime Law: International Conventions, Resolutions, Codes, Rules. Goals and Contents of International Conventions on Safety of Navigation and Protec-tion of the Marine Environment: SOLAS, COLREG, LOADLINES, TONNAGE, MARPOL and OPRC. Principles of ISM Code and ISPS Code, Paris Memorandum of Understanding on Port State Control, Problems of Flags of Convenience. Ship Registers,Supervision of Ships, Jurisdiction – Flag State, Coastal State and Port State Jurisdiction. Ships – Legal Regime, Ownership, Nationality, Registration, Classification, Ship’s Documents, Log Book. Master and Crew – STCW.



Course Description

Course-specific Competences (Knowledge, Skills & Attitudes) to Be Acquired Legal background for maritime profession: work onboard ships as master/deck officer or other work in shipping and related activities. Enabling the students upon graduation to participate and compete at the international maritime labour market.



Course Description

Generic Competences (Knowledge, Skills & Attitudes) to Be AcquiredStudents gain knowledge on functions of shipping companies, harbour-masters office, classi-fication societies, and other subjects of maritime industry. The scope is to develop ability to retrieve and apply the relevant provisions of various sources of maritime law.



Course Description

Methods of Instruction – Number of Required Classroom & Other Contact HoursLectures 30 Multimedia & the InternetPractical work sessions Consultation & tutorialsIndependent study Projects or field tripsSeminars Practicum / practical workLaboratory work Other

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UNIVERSITY OF RIJEKA


Course Description

Notes

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Course Description

Estimated Student Workload Represented in ECTSCourse attendance 0,25 Seminar paper 0,5Class participation 0,25 ResearchCoursework achievement tests ProjectExperiment Continuous assessment 1,0Written exam 1 Presentation Oral exam Practical work

12



Course Description

Notes

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Course Description

Assessment of Learning OutcomesModes of in-struction1

ECTS (student workload)

Learning outcomes

Student activity2 Methods of as-sessment3

Credits

lectures 2 1-5 attending lectures, writing papers and tests

presentation, test 70

tutorials 1 reading books written examina-tion

30

Total 100

1 E.g. lecture, seminar, research seminar, exercise course, practical, laboratory work, guided personal study, tutorial, independent studies, internship, placement or ‘stage’, fieldwork, project work, etc.2 E.g. attending lectures, performing specific assignments, practising technical or laboratory skills, writing papers, independent and private study, reading books and papers, learning how to give constructive criticism of the work of others, etc.3 E.g. oral examination, written examination, oral presentation, test, paper / essay, portfolio, report about an internship, report on fieldwork, (final) thesis / dissertation, etc.

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Course Description

Language Medium of InstructionEnglish

Contact Hours & Allocation of CreditsECTS (workload based) 3

Total weeks per semester, trimester & module 15Contact hours per week

Lectures 2

Practical work sessions / seminarsOther

Total contact hours

Lectures 30

Practical work sessions / seminarsOther

Total time - field tripsTotal hours of student workload required to complete a defined unit of study.

90

Prerequisites for Course RegistrationCourse registration is allowed upon successful completion of:

No

Students are eligible to take the exam upon:

Main ReadingThe Law of the Sea, official text of the United Nations Convention on the Law of the Sea with Annexes and Index, final Act of the Third United Nations Conference in the Law of the Sea, Introductory Materials on the Convention and Conference, United Nations, New York, 1983

Supplementary Readinghttp://www.un.org/Depts/los/index.htm

Quality Assurance4

Quality assurance of the course performance is continuously monitored according to ISO 9001 system applied at the Faculty of Maritime Studies in Rijeka. The exam taking analysis is con-ducted each year and a questionnaire is submitted to the students each semester (enclosed to the description of the Faculty). Especially for this course, all data and grading information is available to all the students enrolled.

(Degree of) compatibility & comparability of the course with those in European Higher Education Area (EHEA) / Compatibility & comparability with allied institutions abroad

4 External & internal: e.g. feedback from students, staff, alumni, labour market …

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Course Description

University of Split, University of Dubrovnik, University of Gdansk, Universita degli studi di Trieste, University of Southampton, McGill University (Montreal), Tulane University (New Orleans)Related courses

Head of CourseTitle & name Prof. Dr. Axel LuttenbergerEmail [email protected] ww.pfri.hr/~axelInstitution Faculty of Maritime Studies

University of RijekaCurrent academic posi-tion5

Full Professor with permanent tenure

Most recent promotion to the position date

17.11.2015

Selected publications (books & papers) relevant for the delivery of the course1. Luttenberger, Axel, Runko Luttenberger, Lidija. Environmental life-cycle costing in

maritime transport, International Association of Maritime University, 16th Annual General Assembly Proceedings, University of Rijeka, Faculty of Maritime Studies, 2015, pp 217-223

2. Luttenberger, Axel, Runko Luttenberger Lidija, Environmental Aspects of Public Pro-curement in Transport Sector, 17th International Conference on Traffic Science, Slov-enian Society of Traffic Science, University of Ljubljana, Faculty of Maritime Stud-ies, Portorož, 2015, pp.261274 4

3. Luttenberger, Axel, The role of precautionary principle in environmental protection of coastal sea, Tourism & Hospitality Industry 2014, New Trends in Tourism and Hos-pitality Management, Faculty of Tourism and Hospitality Management, Opatija, 2014, pp. 70-78

4. Runko Luttenberger, Lidija, Luttenberger, Axel, Challenges of Marine Spatial Plan-ning in Eastern Adriatic, 6th International Maritime Scientific Conference, Solin, Fac-ulty of Maritime Studies Split, 2014, pp.33-40

5. Luttenberger, Axel, Kos, Serđo, Regulating the Provisions of European Marine Data and Observation, International Conference IMLA 21, Fisheries and Marine Institute of Memorial University of Newfouland, St. John’s, NL, Canada, 2013, pp.69-73

6. Luttenberger, Axel, Enhancing the European Passenger Rights when Travelling by Water, 16th International Conference on Traffic Science, Slovenian Society of Traffic Science, University of Ljubljana, Faculty of Maritime Studies, Portorož, 2013, pp.220-225

7. Luttenberger, Axel, Kos, Serđo, Improving Legal Standards in Marine Accident In-vestigation, International Conference IMLA 20, Maritime Institute Willem Barentzs, West-Terschelling, The Netherlands, 2012, pp 8

8. Luttenberger, Axel, Drives for the International Convention on Liability and Com-pensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances at Sea, 15th International Conference on Traffic Science, Slovenian Soci-ety of Traffic Science, University of Ljubljana, Faculty of Maritime Studies, Portorož, 2012, 6pp

9. Luttenberger, Axel, Legal Framewok on eSafery Communication in Road Transport,

5 E.g. Professor; Dr …., Associate Professor; Dr ….., Assistant Professor …

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Course Description

Tourism & Hospitality Industry 2012, New Trends in Tourism and Hospitality Man-agement, Faculty of Tourism and Hospitality Management, Opatija, 2012, pp. 126-129

10. Filjar, Renato, Luttenberger, Axel, Kos, Serđo, A Proposal for GNSS Failure Legal Liabilities Scheme, 6th GNSS Vulnerabilities and Solution Conference, Proceedings, University of Rijeka, Faculty of Maritime Studies Rijeka, The Royal Institute of Nav-igation, London, University of Nottingham, The Nottingham Geospatial Institute, Rijeka, 2012, pp.77-87

11. Luttenberger, Axel, Rukavina, Biserka, The Legal Approach of Enhancing the Pro-actice Approach in Maritime Education and Training, International Maritime Lectur-ers Association, International Conference IMLA 19, Opatija 19, University of Rijeka, Faculty of Maritime Studies, 2011, pp 197-204

12. Luttenberger, Axel, Rukavina, Biserka, Rak, Loris, the Implementation of the Nairobi International Convention on Removal of Wrecks, 14th International Conference on Traffic Science, Slovenian Society of Traffic Science, University of Ljubljana, Fac-ulty of Maritime Studies, Portorož, 2011, 10 pp

13. Luttenberger, Axel, Rukavina, Biserka, Regulatory Environment for Maritime Educa-tion and Training in the European Union, University of Rijeka, University of Ljubljana, CEDIMES Paris – Rijeka, University of Antwerpen, 2011, 8 pp

14. Luttenberger, Axel, Criminal Penalties for Ship-source Pollution in Environmental Legislation, Economic Integration, Competition and Cooperation, University of Rijeka, University of Ljubljana, CEDIMES Paris – Rijeka, University of Antwerpen, 2010, pp 435-441

15. Luttenberger, Axel, Rak, Loris, Maritime Governance as the Environmental Driver, 22 nd International Congress Energy and the Environment, Opatija, I, 2010, pp.503-510

16. Luttenberger, Axel, Regulations on Computorised Reservation System in Transport Services, 7th International Scientific Conference, Management in the Function of In-creasing the Tourism Consumption, 2010, Opatija, pp.157-162

17. Luttenberger, Axel, Rukavina, Biserka, Rak, Loris, Challenges in Regulating Air Pol-lution from Ships, 13th International Conference on Traffic Science, Slovenian Soci-ety of Traffic Science, University of Ljubljana, Faculty of Maritime Studies, Portorož, 2010, 8 pp

18. Luttenberger, Axel, Achieving the Quality of Services in Sea Ports through Regula-tion, New Trends in Tourism and Hospitality Management, Faculty of Tourism and Hospitality Management, Opatija, 2010, pp. 1034-1040

19. Luttenberger, Axel, Legal Instruments to Control Harmful Anti-fouling Systems on Ships, UNESCO sponsored 5th Dubrovnik Conference on Sustainable Development of Energy, Water and Environment Systems, Faculty of Mechanical Engineering and Naval Architecture, 2009, 6 pp

20. Luttenberger, Axel, Criminal Panalties for Ship-source Pollution in the Environmental Legislation, 7th International Conference, International Integrations, Competition and Cooperation, University of Rijeka, University of Ljubljana, CEDIMES Paris – Rijeka, University of Antwerpen, 2009/, 7 pp

21. Luttenberger, Axel, Rukavina, Biserka, Rak, Loris, Issues on Civil Liability for Bunker Oil Pollution Damages from Ships, , 12th International Conference on Traffic Science, Slovenian Society of Traffic Science, University of Ljubljana, Faculty of Maritime Studies, Portorož, 2009, 9 pp

22. Luttenberger, Axel, Developing the Environmental Legislation on Ship Recycling,

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Course Description

21th International Congress Energy and the Environment, Opatija, II, 2008, pp.207-214

23. Luttenberger, Axel, Environmental noise caused by air traffic, 6th International Sci-entific Conference, Management in the Function of Increasing the Tourism Consump-tion, 2008, pp.163-168

24. Luttenberger, Axel, Coastal States Responsibility with regard to Places of Refuge for Ships in Distress, 11th International Conference on Traffic Science, Slovenian Society of Traffic Science, University of Ljubljana, Faculty of Maritime Studies, Portorož, 2008, 7 pp

25. Luttenberger, Axel, Rukavina, Biserka, Tourism Industry Environmental Liability for Marine Pollution, New Trends in Tourism and Hospitality Management, Faculty of Tourism and Hospitality Management, Opatija, 2008, pp. 689-695

26. Luttenberger, Axel, Classification Societies within Marine Regulatory Environment of the European Union and the National Perspective of the Republic of Croatia, 6th In-ternational Conference, International Integrations, Competition and Cooperation, Uni-versity of Rijeka, University of Ljubljana, CEDIMES Paris – Rijeka, University of Antwerpen, 2007, 7 pp

27. Luttenberger, Axel, Legal Challenges of Ecosystem Approach to Sustainable Use of the Sea, UNESCO sponsored 4rd Dubrovnik Conference on Sustainable Development of Energy, Water and Environment Systems, Faculty of Mechanical Engineering and Naval Architecture, 2007, 9 pp

28. Luttenberger, Axel, Legal requirements for special areas and particularly sensitive sea areas, Hrvatske vode i europska unija – izazovi i mogućnosti, 4. Hrvatska konferen-cija o vodama s međunarodnim sudjelovanjem, Opatija, 2007., str.729-734

29. Luttenberger, Axel, Legal Aspects in Standardazing Marine Accident Investigation Activities, 10th International Conference on Traffic Science, Slovenian Society of Traffic Science, University of Ljubljana, Faculty of Maritime Studies, Portorož, 2006, 7 pp

30. Luttenberger, Axel, Rukavina, Biserka, Regulations on discharge of waste and cargo residues from ships in the context of Croatian accession to the European Union, Inter-national Congress Energy and the Environment, Opatija, 2006, pp.83-90

31. Luttenberger, Axel, Impact of the International Safety Management (ISM) Code, 2002 on protection of the marine environment, New Trends in Tourism and Hospitality Management, Faculty of Tourism and Hospitality Management, Opatija, 2006, pp. 1229-1234

32. Luttenberger, Axel, Rukavina, Biserka, Coastal area environmental management training for seafarers, New Trends in Tourism and Hospitality Management, Faculty of Tourism and Hospitality Management, Opatija, 2006, pp. 1235-1240

33. Luttenberger, Axel, Izazovi autonomnog reguliranja stutusa pomoraca u Republici Hr-vatskoj, Pomorski zbornik 41 (2005), str.307-313

34. Luttenberger, Axel, Harmonizing the EU Standards concerning Ship Waste Reception Facilities in the Republic of Croatia, 5th International Conference, International Integ-rations, Competition and Cooperation, University of Rijeka, University of Ljubljana, CEDIMES Paris – Rijeka, University of Antwerpen, 2005, 8 pp

35. Rukavina, Biserka, Luttenberger, Axel, Prilagodba hrvatskih propisa o identifika-cijskoj ispravi pomoraca međunarodnim izvorima prava, Pomorstvo, 19, 2005, Rijeka, str.229-240

36. Luttenberger, Axel, Covering the Risk of Piracy and Armed Robbery at Sea, 9th Inter-national Conference on Traffic Science, Slovenian Society of Traffic Science, Univer-

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Course Description

sity of Ljubljana, Faculty of Maritime Studies, Portorož, 2005, 8 pp37. Luttenberger, Axel, The Legal Challenges in Implementing Maritime Security, UN-

ESCO sponsored 3rd Dubrovnik Conference on Sustainable Development of Energy, Water and Environment, Faculty of Mechanical Engineering and Naval Architecture, 2005, 8 pp

38. Luttenberger, Axel, Legal Responsibility for Security of Seagoing Ships and Ports, 8th International Conference on Traffic Science, Slovenian Society of Traffic Science, University of Ljubljana, Maritime Law Association of Slovenia, Nova Gorica, 2004, 9 pp

39. Luttenberger, Axel, Rukavina, Biserka, The Right to Access to Information on Envir-onmental Matters, International Congress Energy and Environment, Opatija, 2004, pp.257-264

40. Luttenberger, Axel, Air Passenger’s Rights in the European Union, Tourism &Hospit-ality Industry 2004, New Trends in Tourism and Hospitality Management, Faculty of Tourism and Hospitality Management, Opatija, 2004, pp. 389-396

41. Luttenberger, Axel, Tourist Industry Claims for Oil Pollution from Ships, 4th Interna-tional Scientific Conference, Management in the Function of Increasing the Tourism Consumption, 2004, pp.153-159

42. Luttenberger, Axel, Application of EU Sustainable Development rules to the Acces-sion of the Republic of Croatia, International Conference Economic System and the European Union and the Accession of the Republic of Croatia, Opatija, University of Rijeka, University of Ljubljana, Universita degli studi di Trieste, 2003, pp.355-364

43. Luttenberger, Axel, Rukavina, Biserka, Legal Aspects of Integrating Environment into Transport System, 7th International Conference on Traffic Science, Slovenian so-ciety of Trafic Science, University of Ljubljana, Maritime Law Association of Slove-nia, Nova Gorica, 2003, 8 pp

44. Luttenberger, Axel, Legal Challenges for Environment Protection in its Role of In-creasing Tourist Consumption, 3rd International Scientific Conference in the Function of Incresing the Tourist Consumption, Faculty of Tourism and Hospitality Manage-ment, Opatija, 2003, pp 131-135

45. Luttenberger, Axel, Legal Framework and Quality of Sustainable Tourism Develop-ment Policy, Hotel & Tourism 2002, Human Capital, Culture and Quality in Tourism and Hospitality Industry, Biennial International Congress, Faculty of Tourism and Hospitality Management, Opatija, 2002, pp.621-629

46. Bolanča, Dragan, Luttenberger, Axel, Legal Sources of Croatian Law in Compensa-tion for Personal Injury or death of Seamen, Zbornik radova Pravnog fakulteta u Splitu, god.33/43-44, 1996, str. 379-383

47. Bolanča, Dragan, Luttenberger, Axel, Some Wiews on the Croatian Maritime Code, Zbornik radova Pravnog fakulteta u Splitu, god.32/1 (34-40), 1995, str.113-117

48. uttenberger, Axel, Insurance of Ships under Construction. Selected Topics Concering Builder’s Risk Cover, Marine Insurance and Reinsurance Conference, Stephenson Harwood, London, 1991, pp.5.1-5.8

49. Luttenberger, Axel, Implementation of Yugoslav Law in Compensation for Personal Injury or Death of Seamen, P & I Seminar, The North of England Protecting and In-demnity Association Limited, Rijeka, 1989, 12pp.

50. Luttenberger, Axel, Struggle for implementing the Common Heritage of Mankind Principle, Cairo Conference on the Law of the World, Work Paper, Cairo, 1983, 11pp

51. Luttenberger, Axel, Human Lives Salvage on the Sea, Sao Paulo Conference on the Law of the World, Work Paper, 1981, str.17

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Course Description

Other competences relevant for the delivery of the courseVisiting Professor World Maritime University, MalmoVisiting Professor IMO – International Maritime Academy, TriesteVisiting Professor University of Split, SplitVisiting Professor University of Pula, PulaMember of the International Maritime Lecturers Association