Master of Laws in Shipping Law

Purpose

The main purpose of the qualification is to provide specialised professional knowledge to better equip practicing legal professionals. The education will be at an advanced level so as to produce graduates with expertise in the discrete areas of Shipping Law and Maritime practice.

Rationale

There is a need to educate and train legally-qualified learners in advanced areas of specialised knowledge in order to enhance their professional employment. Within the legal profession there are areas of law and legal practice which are not dealt with at all or in sufficient detail during the Bachelor of Law (LLB) Degree, failing to equip a lawyer to practise with expertise and professional knowledge. The Professional Masters specialising in Shipping Law will educate and train graduates for advanced and specialised professional employment in Maritime Law, International Trade and Marine Insurance.

Recognition of Prior Learning (RPL)

Admission to this qualification may be obtained through RPL by applicants who do not have a Bachelor of Law (LLB) Degree, but are at an appropriate level of competence due to experience acquired in law-related professions and careers. This decision is taken by the Senate on the recommendation of the Faculty of Law.

Entry Requirements

To gain access to this qualification, an applicant is required to have a

• Law Degree obtained from the University of Cape Town.

Or

• Comparable Degree from another university or institution recognised by the Senate for the purpose.

In the case of an applicant with a foreign qualification, he or she has to submit evidence of proficiency in English of a sufficiently high standard to undertake Postgraduate studies in Law. Evidence of proficiency may include an applicant's English language results at school and university level, and/or an applicant's Test of English as a Foreign Language (TOEFL) test results. An applicant may be required to pass a law-specific English proficiency test before being permitted to register in the Faculty.

The qualification which consists of compulsory and elective modules is offered as follows

Compulsory Module

• Carriage of Goods by Sea, 30 Credits.
• Maritime Law and Marine Insurance, 30 Credits.
• Research projects, 60 Credits.

Elective Modules (Learners must choose two of the following modules)

• Admiralty Law and Practice, 30 Credits.
• Commercial Arbitration, 30 Credits.
• International Law of the Sea, 30 Credits.

1. Demonstrate advanced knowledge in a specialised area to enable critique of current practices in the field of Shipping Law.
2. Demonstrate competence by accessing, analysing, organising and critically evaluating existing knowledge in the discipline of Shipping Law to apply in practical situations.
3. Design, select and apply an appropriate problem-solving approach to the resolution of disputes which arise in the Shipping Law field.
4. Engage in independent research and produce findings in the form of a research report from a range of appropriate research designs, methods, techniques and technologies in the field of Shipping Law.
5. Demonstrate competence in performing research projects which display professional expertise.
6. Demonstrate intellectual independence and critical thinking in response to legal issues related to Shipping Law and the legal practice.

The following Assessment Criteria are applied in an integrated way to modules and specialised learning areas, where applicable, to determine competence in the Exit Level Outcomes:

• A clear understanding of the context (including policy, legislation and global issues), appropriate concepts, methods, ethics, theories and analytical processes in Shipping Law is reflected through discussions.
• The appropriate application of the relevant concepts, methods, ethics, theories and analytical processes in Shipping Law is reflected in presentations.
• Critical analyses and a degree of intellectual independence are displayed in written work in the field of Shipping Law.
• Current literature and research are accessed, analysed and organised and evaluated systematically in the chosen focus area.
• Clear evidence of effective application of the principles of research practice in the chosen focus area is demonstrated through evaluations.
• Conclusions and recommendations are justified by the use of appropriate evidence and arguments.
• The research inquiry is planned and conducted on the basis of a range of appropriate research designs, methods, techniques and technologies for the specific research problem.
• Research themes are appropriately identified and demarcated.
• Analyses of the research theme include a comprehensive and critical review of current literature and investigations.
• Evidence of a sound understanding of relevant research theory and practice is illustrated through selected research methods, techniques and technologies.
• Theoretical arguments, the research process, methodology, results, conclusions and recommendations are described critically and coherently through research reports.
• Skill in formulating key findings, drawing justifiable conclusions and making feasible recommendations are displayed through research reports.
• Motivations of own position to specific Shipping Law debates are based on sound integration of relevant theory, practice, research and independent, creative thinking.
• Sound understanding of own position and its feasibility in relation to major debates are demonstrated through discussions.
• Explanations of own position are clearly and coherently exemplified through written and oral communication.
• Purposeful and critical application of advanced theory, current knowledge and expertise in the chosen focus area is reflected using analyses of the prevailing problems and issues.
• Purposeful and creative plans to seek solutions based on theory and proven methods in the chosen field are reflected by means of interventions and/or recommendations.
• Advanced application of appropriate skills, strategies and techniques in accordance with corresponding theoretical assumptions in the chosen field are reflected through discussions and/or interventions.
• Outcomes of interventions, techniques, strategies or processes in relation to the stated goals and in accordance with corresponding theoretical assumptions are comprehensively described by evaluations.
• Outcomes in accordance with the identified needs and issues within the chosen focus area are critically analysed by means of evaluations.
• Evaluations are purposefully used as the basis for planning, implementing and making recommendations.

Integrated Assessment

The assessment policy is to test a learner's ability to understand and apply the law in a professional manner. Forms of assessment will thus be practically oriented, rather than dominated with theory. Both formative and summative assessments are undertaken to ensure learners are meeting the requirements of the qualification.