DOCSLIB.ORG

Directorate of Distance Education NALSAR University of Law, Hyderabad

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Directorate of Distance Education NALSAR University of Law, Hyderabad Centre for Aerospace & Defence Laws (CADL) Directorate of Distance Education NALSAR University of Law, Hyderabad Course Material P.G. DIPLOMA (ADVANCED MARITIME LAWS) 1.1.1. General Principles of Law Compiled by: Prof. (Dr.) V. Balakista Reddy (For private circulation only) NALSAR University of Law, Hyderabad (Print 2019) (For private circulation only) Page | 2 INTRODUCTION TO THE COURSE Why this course at NALSAR? Every job seeker is aware that the job market is no more bountiful due to the economic slowdown worldwide. India is no different in terms of job market and job aspirants have to try harder than ever before. But some newer avenues are opening up notwithstanding the lack of enthusiasm in the economy. A career in Aviation laws is one such area which the latest addition to the job market is and has huge potential in the long run. Marine lawyers are the answer to the legal hassles in the ever increasing as well as complicated marine industry. In India, despite huge potential in the maritime sector there are only few institutions or universities which have started courses in Maritime law. Out of which there are hardly any institution running the course effectively and efficiently. From its inception, the University is committed to ensure highest quality in imparting legal education. One of the core missions of NALSAR is to produce legal professional who are professionally competent, technically sound and socially relevant lawyers. In this regard the University through the aforementioned course introduced by CADL aims to cater to the growing needs of the maritime industry and impart knowledge and train participants in the legal as well as management aspect. The programme is the initiative of Centre for Aerospace & Defence Laws (CADL) of NALSAR University towards providing a comprehensive legal education thereby enabling the learner to develop an advanced understanding of a specialized area of maritime law and promote research in the area of maritime laws as there are very few universities in the country that are engaged in conducting teaching and research in the discipline of maritime laws. India is rapidly integrating its economy with more than 90% of the country’s trade being conducted through oceans and also the sea provides passageway to 45,000 merchant ships worldwide and over 90 percent of global trade. Hence, there is an urgent need to strengthen and popularize maritime legal education in India. There is a growing need for students specialized in laws of sea. Shipping legal firms handling corporate shipping, insurance and port management are seriously looking for young and talented students trained in the legal regime of international and national maritime sector. This programme is suitable for those in both the legal and maritime industry who are looking to enhance their career prospects. It provides highly specialised knowledge and research skills relevant for both legal practitioners and those operating more generally within the legal environment of the maritime sector. It would also assist anyone working in profession concerned with international trade and maritime environment depending on the chosen line of speciality within the research framework. Page | 3 It is mainly designed for lawyers, legal advisers, judges and legal draftsmen. But the programme is also open to law graduates of any country who intend to pursue a legal career in the field of maritime law whether in the public or private sectors, whether in practice, administration or academia. Nature of perspective target group learners The course aims to meet the needs of personnel currently involved in the maritime industry, students of marine and marine enthusiasts who wish to upgrade their skills at tertiary level in the field of management and application of maritime law. In addition, the program is designed to have considerable application for personnel in related technologically based service and business industries. How Course is conducted? This P.G. Diploma Programme has two semesters. Each Semester will have Onsite intense sessions by the subject experts, followed by online session where participants will work on the case studies and assignments and upload them on the dedicated web platform / submit them by email. The students can contact / communicate by email with the subject experts pertaining to various queries on the concerned subject. Relevant course material will be uploaded on the website and can be accessed through their login id. Face to Face contact sessions will be conducted for seven days in a semester at Hyderabad by the subject experts. Suggested reference guidance would be provided at the contact sessions. Each subject shall consist of 15 teaching hours which will come to 60 teaching hours per semester for three semesters. Case study analysis will be part of the concerned subjects and will be discussed in onsite sessions. Attendance at the onsite session is not compulsory. The conduct of the programme involves uploading of updated course material, assignments etc. on the website. Page | 4 Course Structure SEMESTER – I Subject Code Subject Marks Credits 1.1.1 General Principles of Law 100 5 1.1.2 International Maritime Laws 100 5 1.1.3 Maritime Security and Law of the Sea 100 5 SEMESTER – II 1.2.4 Maritime Laws in India 100 5 1.2.5 International Trade and Marine Transport Services 100 5 1.2.6 Maritime Laws and Contemporary Issues 100 5 Page | 5 Page | 6 General Principles of Law It is a well-known legal maxim ‘ignorantia juris neminem excusat’ which means that ‘ignorance of law is no excuse’. This is one of the most fundamental principles of law followed since time immemorial. With the growing complexities in the nature of a society, legal awareness is of utmost importance as helps a student of one’s rights and obligations as a responsible citizen of a country and a member of the global community. Law has an impact on every small aspect of our lives and professional opportunities. Therefore knowledge of law can open a window of opportunities that you were previously unaware of. It not only has an impact on the human lives but it also forms the foundation on which any civilized society is based. Though law for centuries together has been taught as a professional course however yet it is very essential that every person should be aware about the general principles of law for several reasons like, understanding of public affairs, awareness on our rights and duties. Further there are numerous myths and wrong notions about law which a non-legal professional should clarify and have a thorough understanding of its fundamental operations. For this reason a paper on the ‘General Principles of Law’ is designed with the intention of providing the course participants with an overall understanding of the fundamental concepts and principles of law and also develop an in-depth base on the functioning of law in government, society and our lives. Therefore knowledge about the practical aspects of law is as important as knowledge about theory and principles of law. Every action of ours is governed by a code of conduct, be it moral or legal; direct or indirect. Law is a system of rules which regulates human conduct in the society. Law systems are often based on ethical or religious principles and are enforced by the police and criminal justice systems such as the courts. Below is a brief overview of the contents of the module. Module I - Introduction to Law Having regard to the importance of the fundamental understanding of law, the first module of this paper focuses basic concepts of law. It gives a brief background to the meaning of law and its varied forms. The module will also look into the law reforms and the transition of law as per the changing needs of a growing society. Without public enforcement agencies the concept of law will just remain an abstract notion. The module further go on describing the classification of global legal systems, Legal System amongst International Institutions and countries inter se and the impact of globalization on legal systems. Module II - Constitutional Law and Administrative Law The second module entails a brief discussion on India’s Constitution which is the supreme law of the land and the Administrative law. The module is divided into two parts. First part deals with the nature, history and development, salient features and other significant areas of the Page | 7 constitution including fundamental rights, directive principles, fundamental duties, center state relations, etc. The second part of the module deals with the significant aspects of administrative law including the meaning, nature and scope, the relevant principles like doctrine of natural justice, separation of power, rule of law, etc., delegated legislation, administrative discretion and so on. Module III – Indian Judicial and Legal System Law is no longer an abstract notion but as discussed above it lays down and regulates the human code of conduct. Hence a discussion on the evolution and practical operation of law in India becomes extremely crucial. With this objective in mind, the second module has been designed to deal with the historical evolution of the Indian Legal System starting from the ancient Indian law. The module thereafter divulges into the administration of justice in India including the detailed discussion on the Indian judiciary, civil and criminal court structure and procedure. Apart from the traditional forms of dispute settlement the module also covers alternate forms of dispute settlement and quasi-judicial framework which has assumed tremendous importance in the modern times to ensure speedy and inexpensive remedy to the parties. Module IV - Fundamental Aspects of Laws and its Relevance to Maritime Law Till now we have seen the concept of laws, the sources from law has emerged, the tools that it uses to operate.
Load more

Recommended publications
  • Constitutionalism in Asia: Asian Views of the American Influence Preface to the 1988 Edition
    OccAsioNAl PApERS/ REpRiNTS SERiES iN CoNTEMpoRARY AsiAN STudiEs NUMBER 6 - 1988 (89) CONSTITUTIONALISM IN ASIA: I • ASIAN VIEWS OF THE • AMERICAN INFLUENCE • Edited by Lawrence W. Beer .. ~~ ~~ , Scltool of LAw ~ {\ UNivERsiTy \.) of ~ o• MARylANd. c ' 0 Occasional Papers/Reprint Series in Contemporary Asian Studies General Editor: Hungdah Chiu Acting Executive Editor: Chih-Yu Wu Managing Editor: Chih-Yu Wu Editorial Advisory Board Professor Robert A. Scalapino, University of California at Berkeley Professor Martin Wilbur, Columbia University Professor Shao-chuan Leng, University of Virginia Professor James Hsiung, New York University Dr. Lih-wu Han, Political Science Association of the Republic of China Professor J. S. Prybyla, The Pennsylvania State University Professor Toshio Sawada, Sophia University, Japan Professor Gottfried-Karl Kindermann, Center for International Politics, University of Munich, Federal Republic of Germany Professor Choon-ho Park, International Legal Studies, Korea University, Republic of Korea All contributions (in English only) and communications should be sent to Professor Hungdah Chiu, University of Maryland School of Law, 500 West Baltimore Street, Baltimore, Maryland 21201 USA. All publications in this series reflect only the views of the authors. While the editor accepts responsibility for the selection of materials to be published, the individual author is responsible for statements of facts and expressions of opinion con­ tained therein. Subscription is US $18.00 for 6 issues (regardless of the price of individual issues) in the United States and $24.00 for Canada or overseas. Check should be addressed to OPRSCAS. Price for single copy of this issue: US $10.00 ISSN 0730-0107 ISBN 0-942182-92-8 Reprinted with the permission of Lawrence W.
    [Show full text]
  • Paper – LB-601 Advocacy, Professional Ethics and Accountancy for Lawyers
    LL.B. VI TERM Paper – LB-601 Advocacy, Professional Ethics and Accountancy for Lawyers Course Materials Prepared by Madhu Bhatti Ankeeta Gupta Mehpara Haq Faculty of Law University of Delhi Delhi – 110007 2017 For Private Circulation Only 1 LL.B. VI TERM Paper – LB-601 Advocacy, Professional Ethics and Accountancy for Lawyers Objectives of the Course: Professional ethics form the foundation in the lives of the lawyers. Every person has been given the right to engage a lawyer of their choice to represent their case. It means that lawyers have the constitutional obligation to take up the case of every person who approaches them for legal representation. Does it mean that the lawyer is obligated to represent a self-confessed murderer, rapist, and other accused persons who are alleged to have committed very serious offences against the nation even though his conscience or his personal beliefs do not permit that? How can the lawyer do that when his inner conscience revolts at the thought of represent a certain category of persons? All clients approach the lawyer with hope and desire that their lawyers will zealously represent their case. Does zealous representation mean that the lawyers must get the relief sought by the clients by all means? Are there any boundaries set by law or professional ethics that a lawyer must not cross? What is the role of truth and morality in determining the standards of professional ethics for lawyers? What conduct amounts to professional misconduct? What are the repercussions if a lawyer does not follows the principles of professional ethics? What are the mechanisms set by law to deal with complaints of professional misconduct? These and many other similar other questions trouble the mind of new entrants to law practice.
    [Show full text]
  • The University of Chicago Missing the Wood for The
    THE UNIVERSITY OF CHICAGO MISSING THE WOOD FOR THE TREES: A CRITICAL EXPLORATION OF THE SUPREME COURT OF INDIA’S CHRONIC STRUGGLE WITH ITS DOCKET A DISSERTATION SUBMITTED TO THE FACULTY OF THE LAW SCHOOL IN CANDIDACY FOR THE DEGREE OF DOCTOR OF JURISPRUDENCE BY RISHAD AHMED CHOWDHURY CHICAGO, ILLINOIS JUNE 2016 MISSING THE WOOD FOR THE TREES: A CRITICAL EXPLORATION OF THE SUPREME COURT OF INDIA’S CHRONIC STRUGGLE WITH ITS DOCKET © RISHAD AHMED CHOWDHURY 2016 For my Parents TABLE OF CONTENTS ACKNOWLEDGMENTS v ABSTRACT vii INTRODUCTION 1 CHAPTER I: 20 A Critical Analysis of the Causes and Consequences of the Supreme Court’s Docket Crisis CHAPTER II: 67 Apples and Oranges? Docket Control in the Indian Supreme Court and Learning from the US Experience CHAPTER III: 110 That Silver Bullet: Interventionism & ad hocism in India’s Higher Judiciary Concluding Thoughts: Possibilities for Structural and Institutional Reform 158 BIBLIOGRAPHY 197 iv ACKNOWLEDGMENTS I am thankful to my supervisors - Rosalind Dixon, Tom Ginsburg and William H.J. Hubbard - for their immense kindness and patience over the past several years. It is a simple statement of fact to say that I could not have conceived of or written this dissertation without Rosalind Dixon’s infectious confidence and incredible support - I am privileged to have had her as my first teacher of Comparative Constitutional Law. William Hubbard has been a kind but meticulous critic, generously sharing his insights as an empiricist and saving me from more errors and fallacies than I care to recall. Tom Ginsburg has been extremely generous with his time and guidance, and I have learned a great deal from him.
    [Show full text]
  • Reforms in the Non-Litigious Services Sector
    ABSTRACT An in-depth study of the flaws and gaps in regulations in relation to non-litigious services, entry of foreign law firms and making India an ‘arbitration hub’. Dr. James J Nedumpara, Prakhar Bhardwaj, Shruthi Ramakrishnan & Sunanda Tewari REFORMS IN THE NON- LITIGIOUS SERVICES SECTOR: A ROADMAP FOR GROWTH A report prepared by the Centre for Trade & Investment Law Disclaimer The views expressed in this Report represent the views of the contributors and is a product of professional research conducted at the Centre for Trade and Investment Law, Indian Institute of Foreign Trade. These views cannot be attributed to the Government of India or any of its officials. This Report is the product of ongoing research and consultations with the members of the bar, the government ministries and the industry. Accordingly, this Report is subject to modifications. Copyright © 2018 by the Centre for Trade and Investment Law, Indian Institute of Foreign Trade. All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law. For permission requests, write to the Centre for Trade and Investment Law, addressed “Attention: Permissions Coordinator,” at [email protected]. ii Foreword It is a pleasure to know that the Centre for Trade and Investment Law has prepared a comprehensive report on the legal reforms required for the governance of non-litigious legal services in India.
    [Show full text]
  • Ll.B. Vi Term Lb-601
    LL.B. VI TERM LB-601 - Professional Ethics and Accounting System Course materials Selected and Edited by Haris Jamil Rohit Moonka FACULTY OF LAW UNIVERSITY OF DELHI, DELHI – 110007 January, 2021 (For private use only in the course of instruction) LL.B. VI TERM Paper – LB-601 Advocacy, Professional Ethics and Accountancy for Lawyers Objectives of the Course: Professional ethics form the foundation in the lives of the lawyers. Every person has been given the right to engage a lawyer of their choice to represent their case. It means that lawyers have the constitutional obligation to take up the case of every person who approaches them for legal representation. Does it mean that the lawyer is obligated to represent a self-confessed murderer, rapist, and other accused persons who are alleged to have committed very serious offences against the nation even though his conscience or his personal beliefs do not permit that? How can the lawyer do that when his inner conscience revolts at the thought of represent a certain category of persons? All clients approach the lawyer with hope and desire that their lawyers will zealously represent their case. Does zealous representation mean that the lawyers must get the relief sought by the clients by all means? Are there any boundaries set by law or professional ethics that a lawyer must not cross? What is the role of truth and morality in determining the standards of professional ethics for lawyers? What conduct amounts to professional misconduct? What are the repercussions if a lawyer does not follow the principles of professional ethics? What are the mechanisms set by law to deal with complaints of professional misconduct? These and many other similar other questions trouble the mind of new entrants to law practice.
    [Show full text]
  • Directorate of Distance Education NALSAR University of Law, Hyderabad
    Centre for Aerospace & Defence Laws (CADL) Directorate of Distance Education NALSAR University of Law, Hyderabad Course Material M.A. (AVIATION LAW AND AIR TRANSPORT MANAGEMENT) 1.1.1. General Principles of Law Compiled by: Prof. (Dr.) V. Balakista Reddy (For private circulation only) Page | 2 INTRODUCTION TO THE COURSE Why aviation law and air transport management course? The Indian Aviation Industry has shown tremendous growth potential in the past decade both in terms of volume as well as in quality of services rendered. With privatization of Indian Aviation Industry and introduction of government schemes like UDAN (Ude Desh ka Aam Nagrik) and NABH Nirman, the airlines have drastically expanded its domestic market and now India is seen as a major player in the Aviation market. The recent rapid growth of International civil Aviation sector within India and across the globe, coupled with usage of the best and the most innovative technologies, and its increasing contribution to the economic and infrastructural development of a country, makes this sector particularly important from both legal as well as management perspective. The scientific and technological developments in this field are so rapid that they have posed challenges to the legal fraternity. At present, the significance of air law and aerospace management needs no explanation due to the indispensable uses of airspace for the purposes ranging from commercial to military. The increasing volume of disputes in the field of aviation has also resulted in the manifold increase in the number of legal practitioners working in the field of aviation at both developed and developing countries including India.
    [Show full text]
  • Banaras Law Journal 2019 Vol 48 No. 2
    Vol. 48 2019 No. 2 ISSN 0522-0815 THE BANARAS LAW JOURNAL Faculty of Law Banaras Hindu University, Varanasi-221005, India THE BANARAS LAW JOURNAL Faculty of Law Banaras Hindu University National Advisory Board Dr. Justice Balbir Singh Chauhan Justice A.P. Sahi Former Judge Chief Justice Supreme Court of India Madras High Court & Former Chairman Law Commission of India Prof. (Dr.) S.K. Verma Prof. (Dr.) Manoj K. Sinha Former Secretary General Director Indian Society of International Law The Indian Law Institute New Delhi New Delhi Prof. (Dr.) K.C. Sunny Vice-Chancellor The National University of Advance Legal Studies Kochi 2019 (2) 1 THE BANARAS LAW JOURNAL 2 THE BANARAS LAW JOURNAL [Vol. 48] THE BANARAS LAW JOURNAL Cite This Issue as Vol. 48 No. 2 Ban.L.J. (2019) The Banaras Law Journal is published bi-annually by the Faculty of Law, Banaras Hindu University since 1965.Articles and other contributions for possible publication are welcomed and these as well as books for review should be addressed to the Editor-in-Chief, Banaras Law Journal, Faculty of Law, Banaras Hindu University, Varanasi - 221005, India, or e-mailed to <[email protected]>. Views expressed in the Articles, Notes & Comments, Book Reviews and all other contributions published in this Journal are those of the respective authors and do not necessarily reflect the views of the Board of Editors of the Banaras Law Journal. In spite of our best care and caution, errors and omissions may creep in, for which our patrons will please bear with us and any discrepancy noticed may kindly be brought to our knowlede which will improve our Journal.
    [Show full text]
  • Legal Studies Text Book Class Xii.Pdf
    Legal StudiesCLASS - XII CENTRAL BOARD OF SECONDARY EDUCATION Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110 301 India Legal Studies Class II C C UCI Sisa endra ommnity entre Preet iar eli India Legal Studies Class II Price: ` First Edition 2014, CBSE, India Copies: 2000 This book or part thereof may not be reproduced by any person or agency in any manner. Published By : The Secretary, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110301 Design, Layout : Multi Graphics, 8A/101, WEA Karol Bagh, New Delhi-110005 Phone: 011-25783846 Printed By : Dee Kay Printers 5/37A Kirti Nagar Indl. Area, New Delhi - 110015 Phone: 25938138, 25414260 Hkkjrdklafo/ku mísf'kdk ge]Hkkjrdsyksx]Hkkjrdks,dlEiw.kZ1 izHkqRo&laiUulektoknhiaFkfujis{kyksdra=kkRedx.kjkT;cukusdsfy,]rFkk mldsleLrukxfjdksadks% lkekftd]vkfFkZdvkSjjktuSfrdU;k;] fopkj]vfHkO;fDr]fo'okl]/eZ vkSjmiklukdhLora=krk] izfr"BkvkSjvoljdhlerk izkIrdjkusdsfy, rFkkmulcesaO;fDrdhxfjek 2vkSjjk"Vªdh,drkvkSjv[kaMrk lqfuf'prdjusokyhca/qrkc<+kusdsfy, n`<+ladYigksdjviuhbllafo/kulHkkesavktrkjh[k26uoEcj]1949bZñdks,rn~}kjkbllafo/kudksvaxhÑr] vf/fu;fervkSjvkRekfiZrdjrsgSaA 1- lafo/ku(c;kyhlokala'kks/u)vf/fu;e]1976dh/kjk2}kjk(3-1-1977)ls¶izHkqRo&laiUuyksdra=kkRedx.kjkT;¸dsLFkkuijizfrLFkkfirA 2- lafo/ku(c;kyhlokala'kks/u)vf/fu;e]1976dh/kjk2}kjk(3-1-1977)ls¶jk"Vªdh,drk¸dsLFkkuijizfrLFkkfirA Hkkx4d ewydÙkZO; 51d-ewydÙkZO;&HkkjrdsizR;sdukxfjddk;gdÙkZO;gksxkfdog& (d) lafo/kudkikyudjsvkSjmldsvkn'kksZa]laLFkkvksa]jk"VªèotvkSjjk"Vªxkudkvknjdjs_ ([k) Lora=krkdsfy,gekjsjk"Vªh;vkanksyudksizsfjrdjusokysmPpvkn'kksZadksân;esalatks,j[ksvkSjmudkikyudjs_
    [Show full text]