NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, NNAMDI AZIKWE EXPRESSWAY,

JABI, ABUJA

FACULTY OF LAW

JULY 2017_1 SEMESTER EXAMINATION

COURSE CODE:     LAW 531          COURSE TITLE:  MARITIME LAW I
COURSE UNIT:      4 UNITS           TIME ALLOWED:            2 ½ HOURS
INSTRUCTIONS:    ANSWER FOUR QUESTIONS. QUESTION ONE IS COMPULSORY AND CARRIES 25 MARKS. OTHERS CARRY 15 MARKS EACH.
 
1.      a. It is a trite Law that the bulk of maritime activities today involve carriage of goods by sea. However, there are two main modes of contract of carriage by sea widely use when we want to engage in the transportation by sea, Discuss these modes of contract of carriage by sea and support your answer with judicial authorities if any.
 
b. Discuss fivedistinctions between Time Charter party and Demise Charter party in the contract of carriage goods by Sea.25 Marks
 
2.      Article 1{7] of the United Nations Convention on the carriage of Goods by Sea, 1978 deals with bills of lading. Discuss five types of bill of lading and the legal character of a bill of Lading support your answers with judicial authorities.
 
3.      Write comprehensive notes and the Legal position on any four of the following maritime Zones of a littoral State:
I. Internal Waters
ii. The Territorial Waters
iii.The contiguous Zone
iv.The Exclusive Economic Zone
v.Continental Shelf
vi. The International Seabed Authority
 
4.      What do you understand by the Doctrine of Hot Pursuit in maritime law. Explain the circumstances relating to this doctrine and what is your opinion as regards to a  ship at the High sea sailing without a flag of origin?
 
5.      Explain at least eight salient or innovations introduced in the Hamburg Rules, 1978
 
6.      Article 4 of the 1972 or 1996 Dumping of Wastes   provided exceptions of  items listed in the protocol that can be dump at sea. List the items and briefly explain them.
You can get the soft copy for this course or the exam summary answers for this course from 08039407882

Exam summary sample below

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.
You can get the soft copy for this course or the exam summary answers for this course from 08039407882

Exam summary sample below