BACHELORS DEGREE IN TECHNOLOGY IN LTM

DEPARTMENT OF LOGISTICS AND TRANSPORT MANAGEMENT

SECOND / MID SEMESTER EXAM: LEVEL 400 JUNE 2021

WeCOURSE: INTERNATIONAL TRANSPORT LAW
TIME ALLOWED: 2 HOURS 30 MINS
INSTRUCTIONS
-This paper is divided into two sections, section A and B
-Answer “ALL QUESTIONS”.
-Students are expected to exhibit a high propensity for academic maturity by their clear, correct
full and logical expression.

SECTION A. PRACTICAL QUESTIONS (30 marks)

Question 1
Provide a critical analysis of the application of the Hague Visby Rules of 1968 to the carriage of
goods by sea. In your answer, discuss their importance as legal means of enforcing the
obligations and duties of both the carrier and shipper. (20 marks)

Question 2
Fully discuss the purpose, features and scope of admiralty jurisdiction and state two advantages
to a ship owner for registering his ship. (10 marks)
 SECTION B. APPLICABLE QUESTIONS (40 marks)
Question 3
a) Discuss the importance of international conventions / treaties in the shipping industry (10
marks)
b) Comment on the six annexes of the marine MARPOL 73/78 Convention (10 marks)

Question 4
a) What do you understand by the following: (10 marks)
i) Bill of Lading (2 marks)
ii) Charter Party (2 marks)
iii) Ship Registration (2 marks)
iv) Maritime Arbitration (2 marks)
v) Admiralty Jurisdiction. (2 marks)
b) Write short notes on the following terms used in transport law (10 marks)
I) Maritime lien (5 marks)
II) Bareboat charter (5 marks)

MARKING GUIDE

SECTION A (30 marks)

Q.1

The Hague-Visby Rules of 1968 is the International Brussels Rules for the uniform rules
regulating the carriage of good by sea and the second among others rules relating to the carriage
of goods by sea to address the problem of carriers liability limits. This rule is applicable to a
contract where one of the parties is a member to the contracting states.

Under the Hague-Visby Rules, the carrier has the duties to make the ship seaworthy to
accommodate the shipments available at his premises for transportation, provide safety and
pollution prevention documents on the ship, check the bunkering facilities and refrigerating
systems are opting well before embarkation. The carrier is also responsible for the goods at the
port, during transportation till the goods gets to the port of destination to be delivered to a named
consignee or the barer of the Bill of lading.

Under the Hague-Visby Rules, the shipper is vested with the duties to prepare the shipment for
onward transportation, declaring all material facts about the goods and the necessary
documentations needed by the carrier.

Q.2

The purpose of admiralty jurisdiction here means the entertainment of disputes relating to
maritime transactions within the shipping industry since.

Claims is rem and claims in personam is unique to admiralty courts. Rem claims are strongly
attached to maritime lien.

SECTION B (40 marks)

Q.3

a)

The relevance of international conventions/ treaties in the shipping industry can not er be
emphasize as these Conventions have successfully if not all, majority to maintain a sound, safe,
and secure shipping atmosphere in the shipping industry.

It is important to have international treaties in the shipping industry because they will go a long
way to bring peace and stability like the SOLAS and MARPOL Conventions from the IMO
which relate to the safety of life at sea and the protection of the marine environment respectively.

b)

-Annex I Pollution by oil from Ships (2nd October 1983)

-Annex II Pollution prevention by noxious liquid substances carried in bulk (6th April 1987)

-Annex III Pollution prevention by harmful substances carried in package form by sea (1 st July
1992)

-Annex IV Pollution prevention by sewage from Ships (22nd September 2003)

-Annex V Pollution prevention by garbage from Ships ((31st December 1986)

-Annex VI Pollution prevention by air from Ships (19th May 2005)

Q.4

a) The students are all expected to detailing define the various terminologies and say what the
relate to.

b)

i) Maritime lien: Constitute z distinctive and historic feature of modern Admiralty law. It is
defined as the claim or privilege upon a thing to be carried or carried by the carrier into effect by
legal proceedings in rem (cargo).

ii) Bareboat charter: This constitute a form of charter party whereby the charterer undertakes you
charter in an entire empty vessel from the ship owner for a specified period without the crew
members onboard, and the management and running of the enter ship is bond by the charterer.

Also, the manning of the ship, seaworthiness of the ship, and bunkering facilities of the vessel is
on the charterer. The charterer must make sure he provides safety and pollution prevention
documents onboard the vessel and recruit crew members and the ship master to crew the vessel.