Maritime Law Thesis Text

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The web version is without footnotes, but you will find them in the pdf under see also. The research strategy of the scandinavian institute of maritime law for 2011 2016 builds on our earlier research strategies, as well as on the discussions that took place in june 2011 at our seminar for the institute's staff and board members. The strategy describes the institute's general research objectives, the resources at the institute's disposal, and ways in which each of the institute's departments may achieve these research objectives.

The scandinavian institute of maritime law is a scandinavian institute governed by a scandinavian board. The institute's articles state that the scandinavian institute of maritime law shall promote research and teaching in the scandinavian countries in the fields of maritime law, general transport law, energy and petroleum law, and other related fields. The institute shall also maintain a high level of competence in the general law of property rights and obligations. accordingly the institute's core research areas are currently maritime law, road freight law, general transport law, international trade law, petroleum contracts, regulatory law in the petroleum sector, and energy markets law both gas and electricity. As stated above, the institute is also required to maintain a high level of competence in the general law of property rights and obligations.

In the light of the research undertaken at the institute in recent years, we should also add competence in eu law, international law and administrative law. Given the institute's scandinavian identity and the fact that it is part funded by the nordic council of ministers, research undertaken at the institute should be based on a scandinavian perspective. In recent years, however, the council has become more globally oriented and has been focusing increasingly on environmental research. The faculty's academic priorities are set forth in the faculty of law's strategic plan for 2010 20 strategic plan . When considered in relation to this plan, the institute's fields of research fall within the following academic priorities: law, the state and markets and law and the environment.

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Furthermore, internationalisation has been promoted as a priority objective both in the faculty's recent evaluation by the research council of norway and in the strategic plan, cf. This objective is relevant both to research content and also to the channels used for publication. The strategic plan also promotes an interdisciplinary approach as a research objective. Based on the requirements outlined above, we have formulated the following research objectives: the institute must maintain a high level of competence within its core research areas of maritime law, road freight law, general transport law, international trade law, petroleum contracts, regulatory law in the petroleum sector and energy markets law gas and electricity.

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The institute must also ensure that it possesses competence within the general law of property rights and obligations, eu law, international law and administrative law. research undertaken at the institute must be primarily scandinavian in orientation and should be intended to be of use within scandinavia. Where expedient for the understanding or further development of a research topic, an interdisciplinary approach is to be preferred. Research undertaken within the department of maritime law has traditionally been divided between three areas: contracts, liability and safety.

Shipping contracts have traditionally been a core research area at the institute. Research in this area covers the wide range of contracts associated with shipping and transport: shipbuilding contracts, sale and purchase contracts, ship finance contracts, insurance contracts, and contracts for the transport of goods and passengers. All these contracts are comprehensive, complex and internationally oriented, as well as being strongly influenced by english law.

Research in this area is highly relevant for the maintenance and further development of nordic and international competence in the areas of maritime law, the general law of property rights and obligations and eu law. Traditionally a strong area of focus for the institute, although less research has been carried out in the area of ship finance in recent years. Research topics in this area may be studied in conjunction with recent national and international trends concerning financial instruments and the regulation of the financial sector. Research may involve contractual contents, the protection of third party rights and relevant legislation. The fact that these types of contracts are frequently written in english and contain clauses derived from english law calls for a comparative approach. These contracts have been a particular focus of research in the department of petroleum law, although the department of maritime law also has competence in this area. Our competence may be further developed by examining shipbuilding contracts in the context of general building and construction law, as well as by applying an internationally oriented comparative law perspective.

For example, research could be undertaken to clarify the respective legal positions of norwegian shipbuilding clients and subcontractors when vessels are constructed abroad either under non norwegian contractual regimes or under regimes that include some norwegian clauses.

ship sale and purchase

there has also been relatively little activity in this area in the department in recent years. However competence in this area can be maintained/further developed through comparisons based on general sales law.

general cargo transport, including multimodal transport

this is one of the institute's core areas of competence.

This competence can be maintained and further developed through the examination of:

    transport regimes hitherto relatively neglected by researchers, particularly rail transport. This research should adopt an international/comparative law perspective new rules, cf. Primarily the new convention on the transport of goods by sea the rotterdam rules. Multimodal transport regulation in the light of the eu project encouraging modal shift , including reasons for the failure of previous attempts to harmonise the international regulation of multimodal transport, and the expediency of any such harmonisation. Multimodal transport regulation in relation to general sales law and rules on risk allocation and liability. Multimodal transport regulation in relation to the trend for carriers to offer more comprehensive ranges of services e.g.

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