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Assessment 2: Case Study Analysis and Legal Advisory Report LLM/MMSc in Maritime Law 2024-2025 Module: MARI-759 – Maritime Safety, Security and Logistics Law Assessment 2: Case Study Analysis and Legal Advisory

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Assessment 2: Case Study Analysis and Legal Advisory Report

LLM/MMSc in Maritime Law 2024-2025

Module: MARI-759 – Maritime Safety, Security and Logistics Law
Assessment 2: Case Study Analysis and Legal Advisory Report
Weighting: 70%
Word Count: 4,500 words
Submission Deadline: Friday, 2nd May 2025, 16:00 BST via Turnitin

1. Assessment Rationale

This assessment is designed to simulate a real-world task for a maritime legal advisor. It requires you to apply a complex set of international regulations to a practical, operational scenario involving the intertwined domains of safety, security, and logistics. The ability to identify legal risks, provide clear, actionable advice, and understand the commercial and operational consequences of legal frameworks is a critical skill for maritime law professionals.

2. Scenario: The M/V “Ocean Pioneer”

You are a junior legal advisor at the firm “Keel, Hull & Stern Solicitors.” Your firm has been engaged by the operators of the M/V Ocean Pioneer, a large Ro-Ro (Roll-on/Roll-off) vessel.

The Ocean Pioneer is scheduled for a voyage from Port of Felixstowe, UK, to Port of Dar es Salaam, Tanzania, via the Suez Canal. The cargo includes a mix of high-value manufactured goods, humanitarian aid supplies, and 50 units of “Dangerous Goods, Class 1” (explosives) as defined under the IMDG Code, destined for a mining operation in Tanzania.

The vessel’s operators are concerned about several interrelated issues for this voyage and have requested a comprehensive legal advisory report.

3. Task Description

You are required to produce a Legal Advisory Report addressing the following specific legal questions raised by the client:

  1. Safety & Logistics of Dangerous Cargo:
    • What are the key legal obligations under SOLAS, the IMDG Code, and the ISM Code regarding the stowage, segregation, and documentation of the Class 1 explosives? What specific liabilities could the operator face for any breaches during loading in Felixstowe or during the voyage?
  2. Security Operations in High-Risk Areas:
    • The vessel will transit the Gulf of Aden, a BMP5 designated High-Risk Area. What are the legal requirements and recommended practices under the ISPS Code and SUA Convention for the vessel’s Ship Security Plan? Analyse the legal basis and limitations for employing Privately Contracted Armed Security Personnel (PCASP) on board, considering UK policy and the international legal framework.
  3. Logistics, Port State Control & Interdependence:
    • Analyse how a failure in one area (e.g., an incorrect Dangerous Goods Declaration) could trigger Port State Control (PSC) detentions under the Paris MoU and Tokyo MoU, leading to severe logistics delays and contractual penalties (demurrage). How do the safety (SOLAS) and security (ISPS) regimes interact in a PSC inspection?
  4. Cyber Incident Contingency:
    • A new IMO resolution (MSC.428(98)) encourages cyber risk management in safety management systems. While not yet mandatory in a standalone instrument, what legal and operational risks does a cyber-attack (e.g., on the cargo manifest or navigation systems) pose in the context of this voyage, and what prudent steps should the operator take to mitigate liability?

4. Learning Outcomes

Upon successful completion of this assessment, you will be able to:

  1. Critically apply the complex interplay of international maritime safety (SOLAS, ISM), security (ISPS, SUA), and environmental (MARPOL) conventions to a practical commercial operation.
  2. Synthesise hard law (conventions), soft law (codes, guidelines), and national policy to provide coherent, risk-based legal advice.
  3. Evaluate the cascading legal and commercial consequences of regulatory non-compliance across the maritime logistics chain.
  4. Construct a professional, client-focused report that communicates complex legal concepts clearly and actionably.

5. Assessment Criteria

Your work will be assessed based on:

  • Accuracy and Application of Law (30%): Correct identification and application of relevant legal instruments, codes, and guidelines.
  • Critical Analysis and Problem-Solving (35%): Depth of analysis regarding legal risks, operational consequences, and the interdependence of the safety, security, and logistics domains.
  • Research and Authority (20%): Use of primary legal sources (conventions), IMO circulars, reputable industry guidelines (BMP5), and recent academic commentary.
  • Structure and Professionalism (15%): Clarity, logic, and professional presentation of the report, tailored for a client audience.

 References

Hetherington, S. & Toffoli, A. (2023) ‘The Integrated Watch: How Cyber Risk Management is Becoming a De Facto Standard under the ISM Code’, WMU Journal of Maritime Affairs, 22(1), pp. 45-67.

Kraska, J. & Pedrozo, R. (2023) International Maritime Security Law (2nd ed.). Leiden: Brill Nijhoff.

Mukherjee, P.K. (2019) Maritime Law in Motion. Cham: Springer.Ringbom, H. (ed.) (2024) Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea. Leiden: Brill Nijhoff.

  1. Thomas, D.R. (2022) ‘Liability and Compensation in the Carriage of Dangerous Goods by Sea’, Lloyd’s Maritime and Commercial Law Quarterly, 2022(3), pp. 350-372
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