Professional Documents
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Maritime Law
Maritime Law
SOLAS
Has 14 chapters
1st SOLAS-- in 1914 response/ due to the Titanic 1929- because of
2nd- 1929- further for safety of life at sea
1948- 1960
1947 SOLAS-- the main version, 1st November, 1947, enforce- 28 th May, 1950-- added Tacit acceptance- a
time period of 18 months
Unless expressly provided otherwise, SOLA shall apply to all ships on voyages except warships, naval
auxiliaries, and ships owned/ operated by a contracting government and used simply on government non-
commercial services. However, warships, naval auxiliaries and other ships owned by contracting
government and used only on government non- commercial services are encouraged to act in a manner
consistent so far as reasonable and practicable as per SOLAS convention--- CHAPTER 5
SOLAS IS NOT APPLICABLE ON-- ship below 150 gross tonnage engaged on any voyage whether national or
international
International voyage--- 500 or more than 500
STRUCTURE OF SOLAS
CHAPTER I- GENERAL PROVISIONS
CHAPTER 2- 1-- water tight integrity of ships- especially passenger ships
CHAPTER 2- 2- fire prevention, fire detection and fire elimination
CHAPTER 3- LIFE SAVING APPLIANCES-- definitions of life saving appliances and how to be used
CHAPTER 4- RADIO COMMUNICATIONS-- GMDSS- automated ships to shore system uses satellite--main
purpose is to prevent unanswered distress calls and delay in search and rescue actions when distressed
situation occurs, SART- Search and rescue transponder- job of a signal man- a vital machine during distress
and helps in finding the location of the in case it goes off track, EPIRB for cargo as well as cargo ships
CHAPTER 5- SAFETY NAVIGATION- deals with all sea going vessels from boats to vlcc- very large crude
carriers and includes passage, planning, navigation, distress signal and etc.
CHAPTER 6- CARRIAGE OF CARGOS defines storage and securing of different types of cargoes and
containers--- does not includes storage and securing of oil and gas cargo
CHAPTER 7-- CARRIAGE OF DANGEROUS GOODS
CHAPTER 8- NUCLEAR SHIPS- are nuclear propelled
CHAPTER 9- MANAGEMENT- international safety management code for ship owners and operators is
described In chapter 9
CHAPTER 10
CHAPTER 11- 11 AND 2-- SPECIAL MEASURES TO ENHANCE MARITIME SAFETY under International ships,
port facility code- ISPS code now focuses on different points after 9/11 attack and 26 th F, 2000 attack where
bombs were hidden inside two crowded buses in phillipinnes ferry
CHAPTER 12-- FOR BULK CARRIERS
CHAPTER 13-- TRIANGULAR AUDITING SYSTEM-- each country can audit - UK--AUS--USA--UK - but Australia
cannot audit UK, USA cannot AUS, UK cannot USA. + The verification of the compliance requires members
states audit scheme which is mandatory system from 2016, countries can chose partners
CHAPTER 14- SAFETY MEASURES POLAR WATER--- was made mandatory from 1st Jan, 2017
International Ship and Port Facilities Security Code (ISPS Code). Confirms that the Master shall not be
constrained by the Company, the charterer or any other person in exercising his professional judgement
over security decisions.
MARPOL
For marine environment for both accidental and other spills. Adopted on 1973 and enforced in 1978 it
absorbed the parent convention-- and came to force on 2 nd October, 1983- the two conventions of 73 and
78 were assimilated- MARPOL was created due to troye and titanic resulted in its creation
OBJECTIVES: To reduce the volumes of harmful materials entering the world’s ocean and environment and
to achieve this goal, the convention and its annexes contain requirements to control the accidental or
deliberate discharge of substances such as oil chemical and garbage. It also sets incineration required for
ANNEX 1-- Regulation with regard to pollution prevention from oil--2nd Oct, 1983. includes not only
regulations relating to the construction of ships for the protection of the marine environment but also a
general prohibition on discharging oil into the sea. The discharging of oily mixtures, however, is permissible
in compliance with the discharging regulations. Furthermore, all the important operational events that take
place on board – particularly the treatment and storage of oil residues and oily bilge water – shall be
maintained in an oil record book. ---It requires all the new ships to have in build hulls
What kind of activities does not constitute discharge under convention--food waste 7: food wastes, 8:
discharge of food waste 9: Biodegradable waste 10: Sewage
APPLICATION OF MARPOL: ARTICLE 3 of MARPOL talks about application--- ship entitled to fly the flag of a
party, registered with the country
ARTICLE 10 OF MARPOL: Dispute settlement
ANNEX 1 OF MARPOL
POLLUTION OF OIL AND OILY WATER
APPLICATION
Where a cargo subject is carried in an oil tanker, the app requirements of Annex 2 shall apply also.
An international oil pollution certificate shall be issued after survey in accordance of regulation 4 of annex 1, to
any oil tanker of 150 tonnes gross tonnage and above any other ships of and above which are engaged in
voyages to ports or off shore terminals under the jurisdiction of other parties
ANNEX 2
Noxious Liquid substances in bulk
APPLICATION
On noxious liquid substance
-- chemical tankers, oil tanker carrying cargo
CERTIFICIATION
International pollution prevention certi for carriage of noxious liquid subs in bulk shall be issued after survey in
accordance with regulation 10 of annex 2
- duration = not exceeding 5 years from date of issuance
ANNEX 3
HARMFUL SUBSTANCE BY SEA IN OACKAGED FORM
APPLICATION
Stowage
For the purpose of A 3-- int maritime dangerous goods code-- INDG code is applicable to suuplement provisions
of A 3, the govt of each party to the convention shall issue detailed requirements on packing marking labelling
and documentation storage quantity limi and exceptions for preventing or minimizing pollution for marine
environment by harmful substances-- BY THE GOVT
ANNEX 4
REGU FOR PREVENTION OF POLLUTION FROM SEWAGE
APPLICATION
-A new ship of 200 gross tonnage and above
-New ship of less than 200 tonnes gross tonnage which are certiifed to carry more
- new ships which do not have measured gross tonnage but have capacity to carry more than 10 persons
- an exisiting ship of 200 gross ton and above with 10 yrs after date of entry into the 4 th of this annex
- exisitng ships of less than 200 gt whivch are certified to carry more than 10 persons, 10 yrs after the date of
entry into force of this annex
- existing ships which do not have a measured gt and are certified to carry more than 10 person, 10 yrs after
entry of this annex
CERTIFICATION
Sewage prevention certi 1973 shall be issued
- duration is 5 yrs
- Will cease in case of serious alteration or if it is transfered to another govt.
ANNEX 5
POLLUTION BY GARBAGE FROM SHIPS
SPECIAL AREAS
1/Mediterranean sea area, 2/baltic sea are-in europe, 3/blac sea in middle ease, 4/red sea in middle east, 5/gulf
are in suez cannal area, 6/gulf of eden are- in africa, 7/ antartic area, 8/ north west euro waters including north
irish sea celtic sea english channel and part of north east atlantic immediately to the west of Ireland, 9/Orman
area of Arabian Sea- straiz of hormes, 10/southern S african waters
ANNEX 6
AIR POLLUTION FROM SHIPS
Nitrogen oxide, 03 depletion substances, applicable on all ships
CERTIFICATION
An int air pollution prevention certificate shall beissued after the survey in accordance with provisions of
regulation 5 of the annex--- not exceeding 5 year
-- any ship of 400 gt or above engaged in voyages under the jurisdiction of parties is in scope of this annex
-- the platforms and drilling rigs engaed in voyage under sovereignity or jurisdction of other party of 1997 also
fall under the scope of this annex
STCW
International Convention Standard of Training, Certification and Watchkeeping for Seafareres
Effective: 28 April 1984
Location: London, UK
Professional mariners
STCW Code:
1995 and 2010 revisions are important
APPLIES TO: Sea farers, ship owners, training establishment and national maritime administration.
Also sets certain qualifications, standards for masters officers and watch personnels on sea going merchant
ships
STCW CONVENTION DOES NOT APPLY: to the sea faresrs serving on war ships, naval auxilllaries or any
other govenremnt owned or operated ship engaged in non comemercial services and fishing vessels (STCW-
F), pleasure yatch and primitive wooden ships
COLEREG 72
RULE 1: SCOPE/APPICATION
-On all vessels on high sea.
- all waters connected there with navigable by sea going vessels
If fishing vessel is on the territorial sea, will colereg apply on it?-- YES because territorial sea
1992 convention
Talks about civil liability.
ARTICLE 2
Defines jurisdictional scope
Any sea in the territory of a sea in which the ship defined in article 1 can travel
ARTICLE 3
Limitations on which the convention will apply
Natural disasters which couldn’t be stopped by any means, the owner wont be made liable
Whoever certifies the ship- STCW, MARPOL, SOLAS - The one who issues the certificate. In this, since we are
talking about pollution and oil spill-- MARPOL. The blame will be on the government and not on the owner
of the shi[