NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
MARCH/APRIL 2014 EXAMINATION
COURSE CODE: LAW531
COURSE TITLE: MARITIME LAW I
TIME ALLOWED: 3 HOURS
INSTRUCTION: QUESTION ONE IS COMPULSORY AND YOU ARE TO ANSWER ANY OTHER THREE (3) QUESTIONS. All questions carry 17.5 marks
1. Pake Resources ltd is a firm involved in the transportation of crude oil. As a result the company owns several oil tankers with which it transports crude oil on behalf of its numerous customers. In recent times there has been upsurge in the demand of crude oil in the world market and accordingly there is more pressure on the company to deploy its oil tankers for the purpose of carrying crude oil unfortunate the demands on Pake Resources is so huge that it caanot meet the demand of its customers. Pake Resources decided to hire two oil tankers from Lake Corporation. By an agreement entered into on the 5th of March, 2013 Pake Resources Ltd agreed to hire the two oil tankers for a period of six months starting from the date of the agreement. The agreement also contained the speed of the ships. On the 4th of April, 2013 Lake Corporation sought to retake possession on the two oil tankers on the basis that Pake Resources ought to pay to it a particular amount representing the carriage of a quantity of crude oil on each trip. Pake Resources Ltd is considering legal action. Advise the parties.
2. Tete Republic is a coastal but developing state. As a result of its level of development it lacks the capacity to monitor its maritime resources. On the 3rd of January, 2014 a war ship from Tiger Republic began to test its latest weapons ten miles from the coast of Tete Republic. After several days of this activity Tete Republic became aware of this fact and complained to Tiger Republic through diplomatic channels about the activity of Tiger Republic within ten miles of its coast. Tiger Republic reacted angrily and stated that under international law it is entitled to pass within the area where it is testing its weapons. That it was passing through that area of the sea and therefore has the right to use the opportunity to test its weapons. A week later a fishing vessel owned by nationals of franco republic engaged is fishing within eleven miles from the coast of Tete Republic and upon being challenged by Tete Republic France Republic asserted that her nationals were right in engaging in fishing within the area. Discuss the legal issues in the matter.
3. ASU is a super power. Is also a world maritme power and has developed advanced maritime and offshore technologies. Lika is a poor developing countries and has a weak technological base. However, Lika has approached Rubble Republic, a powerful nation, to help it in developing and exploiting its huge maritime natural resources. As a result Lika has erected oil exploration and exploitation platforms one hundred and eighty miles from its coast. The area is also huge in fish resources and manganese ore and gas resources which Lika has started exploiting. ASU has challenged Lika that under international law, Lika cannot carry out such activities one hundred and eighty miles from its coast. It claimed that that distance is too far from the coast of Lika for Lika to engage in such huge activities .Lika intends to legally challenge ASU claim in a legal forum. Discuss.
4. A bill of lading is “a document signed by the master of the ship, or by his agent and it is
given to the person shipping the goods on board the vessel…..it is evidence of a contract between the shippers and the ship owner on the one other hand between the ship owners and the consignees or endorsees of the goods in the bill’. F.I. Onwadike & Co. Ltd. V. Brawal Shipping Nig. Ltd. & Ors. (1995) 5 NSC 407 at 419. Evaluate and analyse this statement.
5. Undoubtedly, the Hague Rules was established to ensure a minimum mandatory liability of carriers which the parties could derogate from. However, the Hague Rules were not intended to provide a comprehensive and self- sufficient code, but were designed merely to define the basic obligations of the carriers. Discuss.
6. The regulation of marine pollution has become very important in international law. This is partly because of the boundless nature of the waters of the seas and oceans. Discuss.
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