MARITIME LAWS

- Legal (National * European * International)

- Contractual

SEAWORTHINESS Technical aspect * Human aspect * Documentary aspect

(Crew - STCW)

INTERNATIONAL CONVENTIONS (IMO, mostly)

Construction of the Ship ➜ SOLAS
Safety ➜ ISM (safety and pollution preventions)
Security ➜ ISPS * SUA * INMARSAT (cyber) * IMO (coronavirus)
Pollution ➜ MARPOL * LONDON convention * OPRC * CLC
Seaworthiness Human ➜ STCW * MLC

NAVIGATION (& salvage at sea) - DOCUMENTS - CONTROLS

Navigation Documents Controls

VDR, CSR, AIDs Ship’s charts (Certificate of Technical controls

registry, License) - Every 5 years (or less)
VST services guidelines
Log Books (log, engine log, Administrative control (MOU
COLREGS (prevent collisions)
radiotelegraph, oil record) agreement)
● Visibility, Speed, Lights, shapes…
● All ships of all flags
Certificates (class, tonnage,
Salvage at Sea ● Rights of Ports to inspect
load line)
● Ranking of companies
- SAR ● Sections:
- Salvage Convention ○ 3, Ship Risk Profile,
● Mandatory Selection, Inspection &
● Spontaneous Detention
● Contractual (LOF) ○ 4, Banning
○ NoCure NoPay ○ 5, Provision of information
○ Special Compensation ○ 6, Operational violations
○ SCOPIC clause, which
calls for a SCR
(representative) and tries
to avoid NoCure No Play.

SOLAS, safety of life at sea. Chapters:

I - General provisions
II -1 - Construction - subdivision, stability, machinery, electrical installations
II -2 - Fire prevention, detection, extinction
III - Life saving arrangements (LSA code)
IV - Radiocommunications
V - Safety of navigation (all ships)
VI & VII - Transport of Dangerous Goods (MARPOL)
VIII - Nuclear powered ships
IX - Management for the safe operation and pollution prevention (ISM code)
X - Safety measures for high speed crafts
XI -1 - Special measures to enhance safety
XI -2 - Special measures to enhance security (ISPS code)
XII - Additional security measures for bulk carriers
XIII - Verification of compliance
XIV - Safety measures for ships navigating in Polar waters (Polar code)
SAFETY (Accidental, neglect, unpredictable)

ISM code, Int Safety Management Safe operation & Pollution prevention
Company Master Designated Person Documents

Create SMS Implement SMS Supervision of safe DOC

Define rules for Master & DP Instruct crew operations
Provide resources Issue clear orders
Link between onboard/ SMC
Create prevention-response plan Verify observ of
onshore personnel
Check seaworthiness requirements
Provide documents Regular monitoring of
Review SMS &
SMS & corrections
Report deficiencies

SECURITY (deliberate, terrorism)

ISPS code, Int Ship and Port Security

➜ Int Framework for Security in fighting terrorism

➜ 3 SECURITY LEVELS: 1) Minimum risk 2) Strengthened risk 3) Imminent risk
➜ Hybrid = conduct + technical rules

Company Ship Contracting Government Documents

-Ensure there is ShipSecPlan Prior to entering ports:

-Plan for non international ports If ship & port
-Emphasize Masters’ authority -If level 2 or 3 -Set security level + instructions on ≠ levels:
-Provide resources to SSO & Confirm initiation of SSP
-If level 3, issue info for to all
CSO and Government parts DOS
-Allocates documents instructions -Test effectiveness of approved (Declaration
SSPlans & PFSPlans Of
-Report difficulties
-Define requirements for Security)
-SSO & PFSO coordinate
Declaration of Security
with PFSO

SSO (master) CSO (manager) PFSO

-Responsible for Security of the
ship
-Implement/ maintain SSPlan
-Collaborate with CSO & PFSO
-Report failures & incidents
-Responsible for Ship security
assessment
-Ensures SSPlan is developed,
approved, implemented and
maintained
-Collaborate with SSO & PFSO
-Responsible for PFSPlan
-Ensures PFSC is developed,
Implemented, revised and
maintained
-Collaborate with SSO& CSO

SUA, Suppression of Unlawful Acts

➜ against people committing crimes on merchant ships (after the crime)

IMO, INMARSAT, Guidelines for cyber security

➜ Threats, vulnerabilities, risk, detect & protect, contingency plans, respond & recover

IMO, CORONAVIRUS PANDEMIC

➜ Seafarer Crisis action team (many conventions). Hygiene, disinfection, reduction of contamination…
POLAR CODE (Mandatory for ships built after 2017)

Ships category A - Fit for operation in difficult ice water

Ships category B - Can operate in Polar water only seasonally and with ice breaker (ship) assistance.
Ships category C - All other ships, which can only navigate under very light ice conditions

Chapters:
2 - Polar Water Operational Manual (planning, environment conditions, info limitations, equipment)
8 - Life saving appliances & arrangements (escape, evacuation, survival equipment, ice removal)
9 - Safety of navigation (Nautical info, operating in darkness, ice removal)
10 - Communication (2 way communication and signaling devices)
11 - Voyage planning (follow PWOM)
12 - Manning & training (STCW compliance)

POLLUTION
Technical aspects and Legal aspects
(MARPOL)

MARPOL, Int Convention for Prevention of Pollution from Ships Tacit acceptance procedure
Annexes:
I - Prevention of Pollution by Oil (tankers)
II - Control of Pollution by Noxious Liquid Substances in Bulk
III - Prevention of Pollution by harmful Substances carried by Sea in Packaged Form (IMDG code)
IV - Prevention of Pollution by Sewage from Ships (unless disinfected sewage)
V - Prevention of Pollution by Garbage from Ships (disposal of plastics)
VI - Prevention of Air Pollution from Ships (propulsion)

Certificate of Compliance to be kept onboard

LONDON Convention, Prevention of Marine Pollution by Dumping of Wastes and other matter
- Avoid dumping of hazardous waste
- Liability: Polluters must bear the cost of pollution. Compensation for damages
- Link between technical and legal

OPRC, Int Convention on Oil Pollution Preparedness, Response and Cooperation

➜ Goal: International cooperation upon pollution incidents
Government Ships & ship owners Offshore units Documents

➜Competent National Authorities regarding ➜Responsible for ➜Responsible Certificate of

pollution regulations Shipboard Oil for Oil Pollution compliance
➜National Operational Contact Points Emergency Plans Emergency Plans
(communications) ➜Report incidents
➜Assistance
➜National Plan, to be complied with by all
➜Min level of pre-positioned equipment
➜Exercises & training
➜Communication response capabilities
➜Mechanism for coordinated response
 CLC, International Convention on Civil Liability for Oil Pollution Damage
➜ Liability: compensation to all who are damaged by pollution accidents
➜ Responsible: Owner of the Ship (person/company with the title of the Ship)
➜ All ships must be insured by P and I clubs ➜ Blue Card Certificate on board
➜ Limitation of liability:
Strict liability - Owner always liable, but also
Limited compensation - there’s a ceiling

SEAWORTHINESS ***** HUMAN ASPECT

STCW, Int Convention on Standards of Training, Certification and Watchkeeping for Seafarers
Chapters:
I - General provisions
II - Master and deck department
III - Engine department
IV - Radiocommunication and radio personnel
V - Special training requirements for personnel on certain types of ships
VI - Emergency, occupational safety, medical care, and survival functions (BTS)
VII - Alternative certification
VIII - Watchkeeping (Voyage planning, Lookout, restricted visibility, coastal & congested waters, at
anchor, with pilot on board, taking over the watch, cargo watch in port)

MLC, Maritime Labor Convention. Promotion Of Decent Working conditions.

Titles:
1 - Minimum Requirements For Seafarers To Work On A Ship ( age, health certificates, qualifications…)
2 - Conditions Of Employment (wages, working hours & rest, repatriation, career…)
3 - Accommodation, recreational facilities, food and catering
4 - Health Protection, medical care, welfare and social security protection (medical care, shipowners
liability, accident prevention, social security…)
5 - Compliance And Enforcement

CONTRACTS GIVING TITLE TO OWNERSHIP

SHIP BUILDING CONTRACT SHIP SALE CONTRACT

BIMCO form, Baltic and Int Maritime Council MOA, memorandum of agreement
Builder Seller
Adequate materials & skills, Repairs defects found during inspection,
Insurance during building, Delivery in agreed time & place
Notice of readiness, Delivers documents (bill of sale, power of attorney…)
Delivery in agreed time & place (unless force majeure) Delete his name from register
Guarantee (ex 1year) Frees vessel from debts, mar liens, mortgages, etc
No guarantees, sold “as is”
Buyer/ Contractor
Pays as agreed (usually installments) Buyer
Can examine ship at shipyard Downpayment (ca 10%) in joint account
Can stop works if discrepancies are found A) Document & physical inspection (72h to decide)
Can examine ship before accepting B) Deeper physical inspection (Ask for Certificate of
Cannot reject ship after accepting delivery Class, from Classification Society)
Registers ship (and flag) after delivery
CHARTER PARTIES (between shipowner & charterer)

BAREBOAT CHARTER
A person/company charters the vessel from the owner and is responsible for managing the ship.
BARECON form
Shipowner:
➜ Puts the vessel (without crew) at complete disposal of the charterer for any purpose.
➜ Pays only the capital costs.
➜ Delivers the vessel in seaworthy conditions
Charterer:
➜ Employs the vessel according to characteristics and insurance
➜ Full responsibility for the ship. He equips, hires crew & master, and manages the ship.
➜ Becomes a “disponent owner”: assumes all the legal responsibilities of the owner.
➜ Pays the hire continuously.
➜ Arranges insurance & repairs
➜ Re-delivers vessel to the owners in the same good conditions, except for “fair wear and tear”.
➜ Re-deliver vessel within the charter period, under the penalty of giving compensation
Termination of contract:
➜ by expiry of the contract,
➜ by default of the shipowner,
➜ by default of the charterer,
➜ by extraordinary reasons.
Optional hire-purchase agreement at the end of the charter

VESSELS’ LEASING CONTRACTS

- Lessor charters the vessel to the lessee (similar to a bareboat charter) but retains ownership.
- Hire payments cover for purchase installments. Lessor and lessee share tax benefits.
- Common in pleasure crafts

TIME CHARTER
Shipowner agrees to let the charterer hire the vessel for a specified period of time for employment in any lawful
trade and within certain limits.
BALTIME form (favors shipowners)
NYPE form (favors charterers)
SLOTHIRE form, for hiring only a part of the vessel
Shipowner:
➜ Delivers a seaworthy ship, during an agreed period called laydays.
➜ Manns, repairs, maintains, stores, pays wages to master & crew, insurance, etc.
➜ Remains in possession of the vessel via the Master, who remains responsible to the owner
Charterer (more burden):
➜ Gives orders to the Master, but only concerning cargo (where and when)
➜ Compensates owners from liability (by the Master signing B/L or following charterers' orders).
➜ Loads, stows, and discharges cargo safely.
➜ Pays fuel, insurance, port and canal fees, etc.
➜ Pays monthly hire
➜ Off Hire Clause - may suspend payment if vessel becomes disabled for the business.
➜ Gives the Master with instructions on sailing directions and log keeping
➜ Trades only “lawful merchandise” ➜ Dangerous goods only if all regulations are complied with.
Master
➜ may reject the charterers’ orders ➜ if he thinks safety or seaworthiness are at risk
VOYAGE CHARTER
Contract for a vessel’s disposal for only one voyage (or consecutive voyages).
Shipowner (more burden):
➜ Provides the master, crew, bunkers and supplies
➜ Pre-arranges the route, after agreement with charterer
➜ Still runs the ship
➜ Bears navigation risks
➜ Bears some risks concerning the commercial use of the vessel
➜ May require a Dead Freight Clause ➜ recovers the freight, even if charterer can’t finish the
job
Charterer:
➜ Hires the vessel for a single voyage.
➜ Pays freight
➜ Handle the cargo in Port, within the agreed laytime.
➜ Pays demurrage, if laytime is exceeded

COA, CONTRACT OF AFFREIGHTMENT

Tailor made contract ➜ Shipowner agrees to carry specific quantities of goods over a fixed period of time, by
ships of specified characteristics.
Voyages may or may not be consecutive.
GENCOA for dry bulk
INTERCOA for tankers

“Steering contracts”
➜ Nomination rules (shipowner/carrier).
- Any vessel can be used, as long as it has agreed characteristics
➜ Shipping programme (charterer)
- Charterer delivers detailed program (cargo, timing, ports, etc)
- Charterer pays on agreed schedule
➜ Freight (charterer)
- Usually paid at the end of each voyage
- Charterer pays demurrage upon exceeded laytime
➜ Documentation (charterer)
- For each shipment: a new voyage charter OR a new bill of lading/sea waybill
- Bills of lading sent to buyers.
Charterer:
- Compensates owners from liability (by the Master signing B/L or following charterers' orders).
Shipowner/carrier:
- Bears the risks and expenses of the voyage
CARRIAGE OF GOODS BY SEA

CONTRACTS OF CARRIAGE
Contracts between the Shipper and the Carrier. Transportation of goods by a carrier against payment of freight.

HAGUE- VISBY Rules (aka BRUSSELS convention)

Mandatory if:
➜ Bill of lading is issued in a contracting State, or
➜ Carriage is from a port in a contracting State, or
➜ Contract (of carriage) says that these rules are to govern the contract.
Applies:
- To contracts of carriage covered by a “bill of lading” or similar document of title.
- To B/L issued during charter parties (but not to charter party contracts)
- To goods & articles of any kind whatsoever (except live animals & deck cargo)
Shipper:
➜ Must pay the freight;
➜ Must pack the goods sufficiently for the voyage;
➜ Must describe the goods honestly and accurately (and is liable in case of problems)
➜ Must not ship dangerous cargoes (unless otherwise agreed);
➜ Must have the goods ready for shipment as agreed;
Carrier:
➜ before the voyage, makes the ship seaworthy:
- Manns, equips & supplies the ship;
- Keeps compartments that carry goods fit & safe (for reception, carriage and preservation)
➜ Carefully handles all cargo operations
➜ Not liable if loss is caused by:
- Negligence of the master or crew regarding navigation,
- “Excepted perils”: unforeseeable fire, war, riots, etc
- Saving a life or property at sea
➜ (or Master) After receiving the goods, issues a B/L containing:
- The leading marks necessary for identification of the goods (furnished by the shipper)
- The quantity, or nr of packages, or weight (furnished by the shipper)
- The apparent order and condition of the goods.
These are descriptions under “prima facie evidence” (apparent and in good faith)
Liability:
➜ The carrier & the ship are discharged from liability regarding the goods, unless a legal action is
brought within one year of their delivery.
➜ During carriage, this convention cannot be superseded. Carrier is liable upon his own neglect.
➜ Limits of the carrier’s liability (unless carrier caused damage intentionally). Unit of account is
SDR, special drawing rights, as defined by the IMF
BILLS OF LADING (B/L)
Contract between the shipper and the carrier (shipowner, or bareboat/time/voyage charterer).
Document signed by a carrier, or his agent, or the Master.
Usually when only a small amount of cargo is to be shipped
Both for tramp & liner transportation.

Three Main functions:

➜ 1) Evidences the terms of the contract of carriage
- Carrier is bound to carry the cargo under agreed terms.
➜ 2) Acknowledge receipt of cargo for shipment & undertake the carriage of the goods.
- Clean bill of lading: no discrepancy between shipper’s description & the actual goods
- Claused bill of lading: discrepancy between shipper’s description & the actual goods
The buyer's bank can reject
- Said to contain (STC): goods cannot be effectively examined (ex, inside containers)
The buyer's bank accepts a STC, but buyer can take action against the seller
➜ 3) Serve as document of title to the goods:
- Named/Straight Bill of lading: issued to a named receiver who must surrender the original
B/L to the carrier to be entitled to collect the cargo
- Order Bill of Lading: do not mention the buyer’s name. The seller (“shipper”) endorses
the B/L to a Bank, which can deliver this document to the buyer when the latter pays.
………………………………………………………………………………………………………………….

SEA WAYBILLS
Also known as Express release or Express Bill of lading.
Similar to a B/L but ➜ Does NOT confer title on the goods. Carrier checks ID of consignee & delivers the goods.

DANGEROUS GOODS
IMDG Code, Int Maritime Dangerous Goods code (SOLAS chapter VI)
Goal:
- Protect human life, prevent marine pollution, & facilitate free movement of dangerous goods.
System for dangerous goods to be correctly and safely:
Classified and identified; Packed; Marked, labeled and placarded; Documented;
Stowed on board the vessel;
Segregated from other goods, to prevent reactions
Dangerous goods ➜ classified into 9 Classes:
1 -Explosives
2 -Gasses
3 -Flammable liquids
4 -Flammable solids;
5 -Oxidizing substances and organic peroxides
6 -Toxic & infectious substances
7 -Radioactive material
8 -Corrosive substances
9 -Miscellaneous dangerous and environmentally hazardous substances
Mandatory training for personnel
Provisions for emergencies
 CARRIAGE OF PASSENGERS BY SEA
Main regulations (international & EU)
- Athens Convention (PAL), International convention on the Carriage of Passengers & Luggage
- Liability Regulation, EU Regulation on the liability of carriers in case of accidents
- Rights Regulation, EU Regulation on the rights of passengers
……………………………………………………………………………………………………………………………………..
INTERNATIONAL RULES
PAL, ATHENS convention
Regime of liability for damages suffered by passengers
➜ Carrier is strictly liable for damage/ loss of a passenger during the course of the carriage
(except for war, terrorism, etc).
➜ Compulsory insurance to cover passengers on ships
➜ Limits of liability, SDR established by the IMF
➜ Limits of liability can be superseded by State harsher regulations
➜ Tacit acceptance procedure for amendments
➜ Governments have the right to limit liability in cases of Was, Revolution, etc
………………………………………………………………………………………………………………………………………….
EU RULES

Liability Regulation Rights Regulation

➜ Applies to all international voyages where: ➜ Applies to:

- Ship registered in member State,
- Contract of carriage signed in member State,
- Departure/ destination (in the contract) in a
member State.
➜ Carrier is strictly liable for death/ personal injury
to a passenger caused by an incident.
➜ Carrier is liable, in case of loss of/ damage to luggage
caused by a shipping incident
➜ Ships carrying > 12 passengers must have insurance
- to cover liabilities & war/ terrorism
➜ Carrier must inform the passengers of their rights,
prior to departure or upon departure.
➜ Claim for compensation for damage or loss must be
written to the carrier
- Services registered on a member state, with
arrival in a member state
- Services with departure in a member State;
- Ships carrying > 12 passengers
- Voyages > 500 meters
➜ Sets obligations to:
- tour operators, travel agents, ticket vendors
- carriers, terminal operators, port authorities
➜ Rights:
- non-discriminatory contract conditions;
- care and assistance;
- re-routing and reimbursement in case of
cancellation, or > 90 min delay
- request partial compensation of the ticket
price in case of destination arrival delay
- arrangements for disabled passengers;
- of submitting complaints to carriers and
national enforcement bodies.
 GENERAL AVERAGE AND MARINE INSURANCE

GENERAL AVERAGE
Voluntary sacrifices/ expenses by the Master, incurred for the common safety.

YORK & ANTWERP RULES

For the General Average to be declared there must be:
➜ An event beyond the shipowner's control, which imperils the entire adventure;
➜ A voluntary sacrifice;
➜ Something saved. The “voyage” has to be saved.
Compensation:
➜ GAverage Contribution from the owners of the property saved.
➜ Sacrificed good & saved goods are valued at net price (minus the freight).
➜ Lost vessel is valued according to her value at departure (minus wear or tear).
➜ An Average Adjuster Specialist handles the GAverage Statements
➜ General Average Act vessels arriving port:
- Are considered “under average”
- Master advises shipowner’s to arrange for the GAverage Contribution
- Surveyors are called to assess damage to the cargo
- Meanwhile, cargo can be released under a GAverage Guarantee (cargo insurers).
Guarantee: ➜ insurers guarantee the payment of contributions for GAverage, in return for the immediate
delivery of the cargo to the consignees.
Shipowner will usually release cargo, on payment by the consignees of a GAverage Deposit
.……………………………………………………………………………………………………………………………………..

MARINE INSURANCE
Covers the loss or damage of ships, cargoes, and liabilities.
MAR form (1991), with added Institute Clauses (broader coverage than insurances)
Nordic Marine Insurance Plan
3 MAIN BRANCHES: * Hull & Machinery * Cargo Insurance * Liability Insurance (P&I)

Hull & Machinery Insurance Cargo Insurance Liability Insurance AKA

Protection & Indemnity Insurance
(P & I clubs)

On time or voyage basis Institute Cargo Clauses: Clubs:

Cover total loss & constructive loss
Institute Clauses for ordinary
values: Hulls, Ports, Disbursements
& increased value, etc
Institute War & Strikes Clauses
- ICC A (all risks)
- ICC B (moderate)
- ICC C (restricted cover)
Damages/loss refunded to holder
of the title (technical ownership)
Particular Institute Clauses for
specific types of cargo (frozen
food, bulk oil…)
-Non profit organization
-Compulsory for EU ships and foreign
ships in EU waters & ports.
Cover:
- Carrier’s liability for damage to cargo
- Shipowner’s liability after collision
- Environmental pollution & war risk
- Liability due to Acts of War
Other claims, or larger amounts, are
discussed & approved internationally.