Maritime Law Notes

LECTURE NOTES ON MARITIME LAW
(MTDR3206)
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Objectives: This course provides general knowledge on rules governing
commercial shipping and related activities.
Contents: General introduction to maritime law, Hague Rules, Hague/Visby Rules,

Hamburg Rules, Rotterdam Rules, Regional Law, Sub-Regional Law (CEMAC),
and National Law. Other legal disputes involving ships (arbitration courts, arrest of
vessels, Mareva injunctions, ship mortgages, liens, collision, pilotage, etc.).
Charter party agreements (bareboat, time and voyage charters), Contract of
affreightments etc.
Outcomes: At the end of the course, the students are expected know, What
maritime law is all about, all the articles in the various conventions covering the
carriage of goods by sea, know the responsibility of the shipper and carrier under
the rules governing the carriage of goods, the CEMAC law governing maritime
issues as well as the national laws, how disputes involving maritime issues are
settled, the situations that can lead to arrest of ships, the legal issues related to ship
mortgages, liens, collision, what charter parties are all about and the
different types of charter parties etc
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Module 1: General Introduction to Maritime Law
Maritime law, also known as admiralty law, is a specialized area of law that
governs various aspects of maritime activities and commerce. It encompasses a
wide range of legal principles and regulations that apply to activities taking place
on the seas, coastal waters, and other navigable waterways.
1. Historical Development of Maritime Law
Maritime law has a rich history that dates back thousands of years. Its origins can
be traced to ancient civilizations such as the Phoenicians, Greeks, and Romans,
who developed rudimentary maritime legal systems to regulate trade and resolve
disputes at sea.
Over time, maritime law evolved and expanded as international trade and
exploration advanced. During the Middle Ages, maritime law principles were
codified in various legal systems, including the Laws of Oleron, the Hanseatic
League's maritime laws, and the Rhodian Laws. These early codes laid the
foundation for many modern maritime legal principles.
In the 19th century, the development of steam-powered vessels and the growth of
global trade necessitated the establishment of more comprehensive legal
frameworks. Nations began enacting domestic laws to regulate maritime activities,
and international conventions were drafted to address common issues faced by
seafarers and shipowners. Notable examples include the International Convention
for the Safety of Life at Sea (SOLAS) and the International Convention for the
Prevention of Pollution from Ships (MARPOL).
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2. Importance of Maritime Law
Maritime law plays a crucial role in facilitating and regulating global maritime
activities. Here are some key reasons why maritime law is essential:
a. Navigation and Safety: Maritime law provides rules and regulations to ensure
the safety of vessels, crew, and passengers at sea. It covers aspects such as vessel
construction standards, navigation rules, and safety protocols to prevent accidents
and promote safe maritime operations.
b. Commercial Shipping and Trade: Maritime law governs various aspects of

commercial shipping and international trade, including charter parties, bills of
lading, freight contracts, and cargo claims. It provides a legal framework for
resolving disputes, enforcing contracts, and facilitating smooth global trade.
c. Salvage and Towage: Maritime law addresses the principles and procedures
related to salvage and towage operations. It defines the rights and responsibilities
of salvors, the assessment of salvage awards, and the liability for towage services.
d. Maritime Pollution and Environmental Protection: With the increasing concern

for the marine environment, maritime law has expanded to regulate pollution
prevention and response. It establishes rules for the prevention of marine pollution
from ships, liability for oil spills, and the management of hazardous substances.
e. Maritime Insurance: Maritime law governs marine insurance contracts, including

hull insurance, cargo insurance, and protection and indemnity (P&I) insurance. It
provides a legal framework for maritime insurance policies, claims, and disputes.
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f. Admiralty Jurisdiction: Maritime law defines the jurisdiction of admiralty courts,
which have specialized jurisdiction over maritime cases. Admiralty courts handle
matters such as maritime claims, maritime liens, ship arrests, and the enforcement
of maritime judgments.
In summary, maritime law is a comprehensive legal framework that governs

maritime activities, ensuring safety, regulating commerce, protecting the marine
environment, and providing mechanisms for resolving disputes. Its historical
development and ongoing importance reflect the need for a specialized legal
system to address the unique challenges and complexities of the maritime domain.
Sources of Maritime Law
Maritime law, also known as admiralty law, is a specialized legal framework that
governs activities and disputes related to navigation and commerce on the seas and
other navigable waters. The primary sources of maritime law include international
conventions, national legislation, case law, and industry practices. Let's analyze
each of these sources in more detail:
1. International Conventions
International conventions play a crucial role in shaping maritime law. They are
multilateral agreements negotiated and adopted by countries to establish uniform

rules and standards for maritime activities. Some key international conventions
include:
- United Nations Convention on the Law of the Sea (UNCLOS): UNCLOS is a

comprehensive treaty that sets out the rights and responsibilities of states in the use
and management of the world's oceans. It covers various aspects of maritime law,
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including territorial waters, exclusive economic zones, navigation, environmental
protection, and the settlement of disputes.
- International Maritime Organization (IMO) Conventions: The IMO, a

specialized agency of the United Nations, has developed numerous conventions
and protocols addressing specific maritime issues. Examples include the
International Convention for the Safety of Life at Sea (SOLAS), the International
Convention for the Prevention of Pollution from Ships (MARPOL), and the
International Convention on Maritime Search and Rescue (SAR).
2. National Legislation
Each country has its own set of laws and regulations governing maritime
activities within its jurisdiction. National legislation may address various aspects of
maritime law, such as vessel registration, crew qualifications and responsibilities,
marine pollution, salvage, and maritime commerce. These laws are enacted by
national legislatures and may vary from one country to another.
3. Case Law
Maritime law is also shaped by judicial decisions and precedents established

through court cases. Courts interpret and apply existing laws to specific maritime
disputes, creating legal principles and guidelines for future cases. Case law can
provide important interpretations of legal concepts and help clarify ambiguities in
statutes and conventions. Notable cases and judgments from various jurisdictions
contribute to the development of maritime law.
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4. Industry Practices
Maritime law is influenced by industry practices and standards developed by

maritime organizations, associations, and trade groups. These practices often
evolve in response to practical challenges and emerging issues in the maritime
sector. For example, standard contracts, such as charter parties and bills of lading,
are widely used in maritime commerce and can influence legal rights and
obligations between parties.
The sources and application of maritime law can vary between countries and
regions. The interaction of international conventions, national legislation, case law,
and industry practices creates a complex legal framework that governs maritime
activities and promotes the safe and efficient operation of the maritime industry
worldwide.
Jurisdiction and Applicable Law
In maritime disputes, the principles of jurisdiction and choice of law determine

which courts have the authority to hear a case and which laws apply to resolve the
dispute. Let's explore these principles in more detail, including the concept of flag
state jurisdiction, territorial waters, and conflicts of law:
1. Jurisdiction:
Jurisdiction refers to the power of a court to hear and decide a case. In maritime
disputes, jurisdiction can be based on various factors, including:
- Flag State Jurisdiction: The concept of flag state jurisdiction is based on the
principle that a vessel is subject to the laws of the country whose flag it flies. Each
vessel is registered with a specific flag state, and that state exercises jurisdiction
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over the vessel and its activities. This includes regulating matters such as vessel
registration, safety standards, and crew qualifications. Flag state jurisdiction
extends to certain legal matters, such as maritime accidents, collisions, and
pollution caused by the vessel.
- Territorial Jurisdiction: Countries have jurisdiction over certain areas of the sea
adjacent to their coastlines, known as territorial waters. The extent of territorial
waters is determined by international law, such as the United Nations Convention
on the Law of the Sea (UNCLOS). Within their territorial waters, countries can
enforce their laws, including criminal and customs regulations, and exercise
jurisdiction over certain maritime activities.
- Port State Jurisdiction: When a vessel enters the port of a foreign country, that
country exercises jurisdiction over certain matters, such as immigration, customs,
and port regulations. Port state jurisdiction ensures compliance with local laws and
regulations while the vessel is in port.
- Coastal State Jurisdiction: Coastal states have jurisdiction over their exclusive
economic zones (EEZ) as defined by UNCLOS. This jurisdiction includes resource
exploration and exploitation, environmental protection, and other activities within
the EEZ.
- Nationality Jurisdiction: Some countries assert jurisdiction over their nationals

even when they are outside their territorial waters or the vessel's flag state
jurisdiction. This principle allows a country to exercise jurisdiction over its citizens
who engage in certain maritime activities, such as piracy or smuggling.
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2. Choice of Law:
In maritime disputes involving parties from different countries, the choice of law
determines which country's laws will apply to resolve the dispute. The choice of
law can be determined by various factors, including:
- Party Autonomy: Parties involved in a maritime contract or agreement can

choose the governing law by including a choice-of-law clause in their contract.
This allows them to determine in advance which country's laws will apply to any
disputes that may arise.
- Lex Fori: If the parties have not explicitly chosen a governing law, the court
may apply the law of the forum where the case is being heard (lex fori). The lex
fori is the law of the jurisdiction where the court is located and is typically applied
in procedural matters.
- Conflict of Laws: In cases where the dispute involves multiple countries,

conflicts of law rules are used to determine which country's substantive law applies.
These rules aim to reconcile differences between national laws and determine the
most appropriate law to govern the dispute. Courts may consider factors such as
the parties' domicile, the place of contract performance, and the location of the
subject matter.
It is worth noting that jurisdictional issues and choice of law can be complex in
maritime disputes, especially when multiple jurisdictions are involved.
International conventions, bilateral agreements, and customary international law
also play a role in determining jurisdiction and applicable law in certain situations.
It is advisable to consult legal experts specializing in maritime law to navigate the
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complexities of jurisdiction and choice of law in maritime disputes, as they can
provide specific guidance based on the particular circumstances of the case.
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Module 2: International Conventions
Hague Rules: Examining the Hague Rules and their application to the
carriage of goods by sea, including the carrier's responsibilities, liability for
loss or damage, and limitation of liability.
The Hague Rules, also known as the International Convention for the Unification
of Certain Rules of Law Relating to Bills of Lading, is an international treaty that
establishes uniform rules governing the liability of carriers in international
maritime transportation. The Hague Rules were adopted in 1924 during a
diplomatic conference held in The Hague, Netherlands, and they have had a
significant impact on the regulation of international carriage of goods by sea.
The key provisions of the Hague Rules include:
1. Carrier's Responsibilities:
The Hague Rules define the obligations and responsibilities of the carrier (the
party responsible for the transportation of goods) in international maritime
contracts. The carrier is responsible for properly and carefully loading, handling,
stowing, carrying, keeping, and delivering the goods.
2. Bill of Lading:
The Hague Rules require the issuance of a bill of lading, which is a document
acknowledging the receipt of goods for shipment and serving as evidence of the
contract of carriage. The bill of lading must contain certain essential information,
such as the nature and quantity of the goods, the names of the shipper and
consignee, and any special instructions or conditions.
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3. Carrier's Liability:
The Hague Rules establish a regime for the limitation of the carrier's liability in
case of loss or damage to the goods. The carrier's liability is generally limited to a
specified amount per package or unit of weight, unless the shipper declares a
higher value and pays an additional charge.
4. Exceptions and Defenses:
The Hague Rules provide certain exceptions and defenses for carriers to limit
their liability further. These include dangers, accidents, and difficulties of
navigation; acts of war, public enemies, or inherent vice of the goods; and acts or
omissions of the shipper or consignee.
5. Time Limits for Claims:
The Hague Rules set time limits within which claims for loss or damage to the
goods must be brought against the carrier. Failure to bring a claim within the
prescribed time limits may result in the loss of the right to seek compensation.
The Hague Rules have been widely adopted and incorporated into national laws
and international conventions. They have served as the basis for subsequent
international conventions and rules, such as the Hamburg Rules and the Rotterdam
Rules, which have aimed to update and modernize the legal framework governing
the international carriage of goods by sea.
It is important to note that the Hague Rules have been subject to criticism for their
limitations on carrier liability and their failure to address certain modern realities
of maritime transportation. Therefore, it is advisable to consult the specific national
legislation and international conventions applicable in a particular jurisdiction to
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understand the current legal framework for the international carriage of goods by
sea.
Hague/Visby Rules: Understanding the modifications and amendments

introduced by the Hague/Visby Rules to the Hague Rules, including additional
provisions for the protection of cargo interests.
The Hague Rules, also known as the International Convention for the Unification
of Certain Rules of Law Relating to Bills of Lading, establish a framework for the
carriage of goods by sea and govern the rights and liabilities of carriers, shippers,
and consignees. Here's an examination of the key provisions of the Hague Rules
and their application:
Under the Hague Rules, carriers have certain responsibilities in the carriage of
goods by sea. These responsibilities include:
- Properly and carefully receiving, loading, handling, stowing, carrying, keeping,

and delivering the goods.
- Providing a seaworthy vessel suitable for the intended voyage.
- Ensuring the vessel's holds, refrigerating chambers, and other spaces are fit for
the goods' preservation and protection.
- Following any special instructions or requirements provided by the shipper.
2. Liability for Loss or Damage:
The Hague Rules establish the carrier's liability for loss or damage to the goods
during the carriage. The carrier is generally liable unless it can prove that it took all
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necessary steps to avoid the loss or damage. The liability arises from the time the
goods are received by the carrier until the time of their delivery
It's important to note that the Hague Rules presume that loss or damage occurred
due to the carrier's fault or negligence unless the carrier can prove otherwise. This
is known as the "prima facie" liability of the carrier.
3. Limitation of Liability:
The Hague Rules provide for the limitation of the carrier's liability for loss or
damage to the goods. The liability is limited to a specified amount per package or
unit of weight, unless the shipper declares a higher value and pays an additional
charge. The specific limitation amount is determined by the national law of the
country where the bill of lading was issued.
The limitation of liability is intended to protect carriers from excessive claims and
allows them to obtain insurance coverage based on the limitation amount. However,
it's important to note that the Hague Rules do not specify the exact limitation
amounts, as these are determined by national laws that have incorporated the
Hague Rules.
It is worth mentioning that the limitation of liability may not apply in cases of
certain specified situations, such as acts or omissions committed with the intent to
cause damage, recklessly and with knowledge that damage would likely occur, or
arising from unseaworthiness caused by the carrier's personal act or neglect.
The Hague Rules have been widely adopted and incorporated into the national
legislation of many countries. However, it's important to note that variations and
modifications may exist in different jurisdictions. It is advisable to consult the
specific national legislation and applicable international conventions, as well as
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seek legal advice, to understand the precise application of the Hague Rules in a
particular jurisdiction and case.
Hague/Visby Rules: Understanding the modifications and amendments

introduced by the Hague/Visby Rules to the Hague Rules, including additional
provisions for the protection of cargo interests.
The Hague-Visby Rules, also known as the International Convention for the
Unification of Certain Rules of Law relating to Bills of Lading, is an international
treaty that governs the carriage of goods by sea. The Hague-Visby Rules are an
updated version of the original Hague Rules, incorporating certain amendments
and clarifications. Here's an examination of the key provisions of the Hague-Visby
Rules:
1. Scope of Application:
The Hague-Visby Rules apply to contracts for the carriage of goods by sea in
ships where the port of loading and the port of discharge are located in different
countries, and the bill of lading is issued in a contracting state (a country that has
adopted the Hague-Visby Rules).
The Hague-Visby Rules outline the carrier's responsibilities, which are similar to
those under the original Hague Rules. These responsibilities include the proper and
careful receipt, handling, loading, stowage, carriage, custody, care, and delivery of
the goods.
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3. Liability for Loss or Damage:
The Hague-Visby Rules establish the carrier's liability for loss or damage to the
goods during the carriage. The carrier is generally liable unless it can prove that it
took all reasonable measures to avoid the loss or damage. The liability arises from
the time the goods are received by the carrier until the time of their delivery.
Similar to the Hague Rules, the Hague-Visby Rules also incorporate the "prima
facie" liability of the carrier, where it is presumed that loss or damage occurred due
to the carrier's fault or negligence unless the carrier can prove otherwise.
The Hague-Visby Rules provide for the limitation of the carrier's liability for loss
or damage to the goods. The liability is generally limited to a specified amount per
package or unit of weight, unless the shipper declares a higher value and pays an
additional charge. The specific limitation amount is determined by the national law
of the contracting state where the bill of lading was issued.
The limitation of liability can protect carriers from excessive claims and allows
them to obtain insurance coverage based on the limitation amount. However,
similar to the Hague Rules, the Hague-Visby Rules also specify exceptions to the
limitation of liability in cases of certain specified situations, such as acts or
omissions committed with the intent to cause damage, recklessly and with
knowledge that damage would likely occur, or arising from unseaworthiness
caused by the carrier's personal act or neglect.
The Hague-Visby Rules have been widely adopted and incorporated into the
national legislation of many countries. They serve as a framework for the
international carriage of goods by sea and provide a standardized set of rules to
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govern carrier liability and responsibilities. Nonetheless, it's important to consult
the specific national legislation and applicable international conventions to
understand the precise application of the Hague-Visby Rules in a particular
jurisdiction and case.
The Hague-Visby Rules introduced several modifications and amendments to the

original Hague Rules with the aim of providing enhanced protection for cargo
interests in the international carriage of goods by sea. Here are some of the notable
changes:
1. Expanded Scope of Application:
The Hague-Visby Rules expanded the scope of application to cover a broader

range of contracts for the carriage of goods by sea. While the Hague Rules only
applied to bills of lading, the Hague-Visby Rules also cover other types of
documents serving as evidence of the contract of carriage, such as sea waybills and
ship's delivery orders.
2. Increased Carrier Liability:
The Hague-Visby Rules increased the carrier's liability for loss or damage to the
goods. Under the Hague Rules, the carrier's liability was limited to £100 per
package or unit of weight. However, the Hague-Visby Rules raised this limitation
to 666.67 Special Drawing Rights (SDRs) per package or 2 SDRs per kilogram of
gross weight of the goods, whichever is higher. This increase in liability provides
greater protection to cargo interests by allowing for potentially higher
compensation.
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3. Additional Obligations on the Carrier:
The Hague-Visby Rules introduced additional obligations on the carrier to

protect cargo interests. These include:
- The carrier must properly and carefully load, handle, stow, carry, keep, care for,
and discharge the goods.
- The carrier must adequately staff the vessel and ensure that the crew is properly
qualified and competent.
- The carrier must maintain the vessel in a seaworthy condition throughout the
voyage.
4. Mandatory Disclosure of Limitation Amount:
The Hague-Visby Rules require the carrier to include a clear statement on the bill
of lading indicating the applicable limitation amount and the applicable currency.
This provision ensures that cargo interests are aware of the carrier's potential
liability limitations.
5. Expanded List of Exceptions to Liability Limitation:
The Hague-Visby Rules expanded the list of exceptions to the carrier's liability
limitation. These exceptions include certain specified situations, such as acts or
omissions committed with the intent to cause damage, recklessly and with
knowledge that damage would likely occur, or arising from unseaworthiness
caused by the carrier's personal act or neglect. By broadening the exceptions, the
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rules aim to prevent carriers from evading liability in cases of willful misconduct
or gross negligence.
6. Time Limits for Filing Claims:
The Hague-Visby Rules introduced specific time limits for cargo interests to file
claims against the carrier for loss or damage to the goods. Generally, such claims
must be filed within one year from the date of delivery or the date when the goods
should have been delivered. This provision ensures that cargo interests promptly
assert their rights and facilitates the resolution of claims.
These modifications and amendments introduced by the Hague-Visby Rules

strengthen the protection of cargo interests in the international carriage of goods by
sea. By increasing carrier liability, imposing additional obligations, and expanding
the scope of application, the rules aim to provide a more balanced and equitable
legal framework for the parties involved in maritime transportation.
Hamburg Rules: Analyzing the Hamburg Rules as an alternative set of rules

governing the carriage of goods by sea, with a focus on their scope, carrier's
obligations, and liability.
The Hamburg Rules refers to a set of rules known as the United Nations
Convention on the Carriage of Goods by Sea, 1978 (UNCITRAL), also referred to
as the Hamburg Rules. This convention was adopted by the United Nations
Commission on International Trade Law (UNCITRAL) in 1978, but it has not
gained widespread international acceptance or been widely ratified by countries.
The Hamburg Rules were intended to provide an alternative and more protective
regime for the international carriage of goods by sea compared to the Hague-Visby
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Rules. However, the Hague-Visby Rules have remained the prevailing framework
for most countries.
A brief overview of the Hamburg Rules
The Hamburg Rules apply to contracts for the international carriage of goods by
sea, where the port of loading and the port of discharge are located in different
countries, and the country of shipment or the country of destination is a party to the
convention.
2. Carrier's Obligations:
The Hamburg Rules impose obligations on carriers, including:
- Ensuring that the ship is seaworthy before and at the beginning of the voyage.
- Properly and carefully loading, handling, stowing, carrying, keeping, caring for,
and discharging the goods.
- Taking measures to prevent loss or damage to the goods.
- Properly identifying the goods and providing appropriate documents.
- Providing information about the ship's schedule, the anticipated date and time
of arrival, and any changes to the schedule.
3. Carrier's Liability:
The Hamburg Rules establish the carrier's liability for loss of or damage to the
goods. The carrier is generally liable unless it can prove that it took all necessary
measures to avoid the loss or damage.
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Under the Hamburg Rules, the carrier's liability is broader than that under the
Hague-Visby Rules. The carrier is liable for loss or damage resulting from the
unseaworthiness of the ship at the beginning of the voyage, unless the
unseaworthiness was caused by circumstances that the carrier could not have
avoided by exercising due diligence.
The Hamburg Rules provide for the limitation of the carrier's liability, but the
specific limitation amounts are not defined in the convention itself. Instead, the
convention allows individual countries to establish their own limitation amounts.
The limitation of liability may vary depending on the national law of the country
where legal proceedings are initiated.
The Hamburg Rules have not been widely adopted or ratified by many countries.
As a result, the Hague-Visby Rules continue to be the prevailing legal regime for
the international carriage of goods by sea in most jurisdictions. Therefore, it is
advisable to consult the specific national legislation and applicable international
conventions to understand the precise framework and provisions that apply in a
particular jurisdiction and case.
Rotterdam Rules: Exploring the Rotterdam Rules, which provide a

comprehensive framework for international multimodal transport, including
the rights and obligations of the parties involved.
The Rotterdam Rules, officially known as the United Nations Convention on

Contracts for the International Carriage of Goods Wholly or Partly by Sea, is a set
of rules designed to govern the international carriage of goods by sea. The
convention was adopted by the United Nations General Assembly in 2008, but as
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of my knowledge cutoff in September 2021, it has not yet entered into force as it
requires a sufficient number of ratifications by member states.
The Rotterdam Rules aim to modernize and harmonize the legal framework for
maritime transportation, taking into account developments in international trade
and technology. Here's an overview of the Rotterdam Rules, including the rights
and obligations of the parties involved:
The Rotterdam Rules apply to contracts for the international carriage of goods by
sea. The rules are intended to cover both wholly and partly sea transport, as well as
multimodal transport where the sea leg is involved. The rules would replace
existing conventions, such as the Hague-Visby Rules, the Hamburg Rules, and the
U.S. Carriage of Goods by Sea Act (COGSA).
2. Carrier's Obligations:
The Rotterdam Rules impose obligations on the carrier, including:
- Ensuring that the ship is seaworthy and properly equipped for the carriage of
goods.
- Properly and carefully loading, handling, stowing, carrying, keeping, and

discharging the goods.
- Taking measures to prevent loss or damage to the goods.
- Providing the shipper with a bill of lading or an electronic transport record.
3. Shipper's Rights and Obligations:
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The Rotterdam Rules provide certain rights and obligations for the shipper,
including:
- The right to demand a transport document, such as a bill of lading or electronic

transport record.
- The obligation to provide accurate information about the goods to the carrier.
- The right to require the carrier to take certain measures for the preservation of
the goods.
4. Liability of the Carrier:
The Rotterdam Rules establish a broad liability regime for the carrier. The carrier
is generally liable for loss of or damage to the goods during the entire period of the
carriage, unless it can prove that it took all measures reasonably required to avoid
the loss or damage.
The rules introduce a two-tier system of liability. The carrier's liability is limited to
a specified amount, which is higher than the limits set by the Hague-Visby Rules.
However, the carrier can also be held liable for an additional amount exceeding the
limitation if it is proved that the loss or damage resulted from its reckless or
intentional conduct.
The Rotterdam Rules provide for the limitation of the carrier's liability. The
specific limitation amounts are defined in the convention. The limitation amounts
are generally higher than those set by the Hague-Visby Rules.
6. Electronic Transport Records:
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The Rotterdam Rules recognize the use of electronic transport records as the
functional equivalent of traditional paper bills of lading. This allows for the use of
electronic documentation in the international carriage of goods by sea.
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Module 3: Regional and Sub-Regional Law
Regional Maritime Law
Regional maritime law refers to the legal frameworks and conventions that are
specific to a particular region or group of countries. These regional laws aim to
address the unique challenges and requirements of maritime activities within that
specific geographic area. Regional maritime laws can cover a wide range of issues,
including maritime safety, pollution prevention, fisheries management, trade
facilitation, and maritime boundary disputes.
Sub-Regional Law (CEMAC)
CEMAC (Central African Economic and Monetary Community) is a sub-regional

organization in Central Africa composed of six-member states: Cameroon, Chad,
Central African Republic, Congo, Equatorial Guinea, and Gabon. CEMAC has
developed its own legal framework, including sub-regional laws and regulations, to
promote economic integration and cooperation among its member states. While
CEMAC's focus is primarily on economic and monetary matters, it also addresses
certain aspects of maritime law within its sub-regional context. Here are some key
points regarding CEMAC sub-regional law:
1. Maritime Transport Regulation:
CEMAC has adopted regulations related to maritime transport within the sub-
region. These regulations aim to harmonize standards, procedures, and
requirements for maritime activities, including ship registration, maritime safety,
port operations, and cargo handling. The regulations help facilitate trade and
maritime transport operations among CEMAC member states.
2. Port and Maritime Infrastructure Development:

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CEMAC has initiatives to promote the development and modernization of ports
and maritime infrastructure within the sub-region. These initiatives focus on
improving port efficiency, enhancing logistics and supply chain connectivity, and
ensuring compliance with international standards for port operations and facilities.
The development of efficient and well-equipped ports is crucial for facilitating
trade and economic integration among CEMAC countries.
3. Maritime Security and Surveillance:
CEMAC recognizes the importance of maritime security in the sub-region.

Member states collaborate to address maritime security challenges, including
piracy, illegal fishing, and other maritime crimes. The sub-regional organization
promotes cooperation in maritime surveillance, information sharing, and capacity
building to enhance maritime security within the CEMAC area.
4. Harmonization of Customs Procedures:
CEMAC works towards harmonizing customs procedures and regulations among

member states. This includes procedures related to the clearance of goods at ports
and the facilitation of trade. Harmonization efforts aim to streamline customs
processes, reduce trade barriers, and enhance regional trade integration within
CEMAC.
5. Harmonization of Legal Frameworks:
CEMAC seeks to harmonize legal frameworks and regulations across member

states. This includes aligning laws related to maritime activities, such as maritime
trade, transportation, and environmental protection. Harmonization efforts help
ensure consistency and coherence in legal frameworks, making it easier for
businesses and stakeholders to operate across CEMAC countries.
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It is important to note that the specific legal instruments, regulations, and
initiatives within CEMAC's sub-regional law framework may evolve and be
subject to updates or revisions. Therefore, for the most accurate and up-to-date
information regarding CEMAC's sub-regional maritime law, it is advisable to
consult the official publications and legal documents of CEMAC and its member
states.
6. Harmonization of Maritime Legislation:
CEMAC member states have been working towards the harmonization of their
national maritime legislation. This involves aligning domestic laws and regulations
with sub-regional standards and requirements. The harmonization process helps
promote consistency and uniformity in the legal framework governing maritime
activities within CEMAC.
7. Maritime Safety and Pollution Prevention:
CEMAC places a strong emphasis on maritime safety and the prevention of

pollution in its sub-regional waters. Member states work together to enforce safety
regulations, promote compliance with international maritime conventions, and
prevent maritime accidents and incidents. This includes measures such as vessel
inspections, training and certification of seafarers, and the implementation of
environmental protection standards.
8. Fisheries Management:
CEMAC recognizes the importance of sustainable fisheries management within

its sub-region. Member states collaborate on the conservation and sustainable
utilization of fisheries resources. This involves implementing measures to combat
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illegal, unreported, and unregulated (IUU) fishing, establishing fishing quotas, and
promoting responsible fishing practices.
9. Maritime Dispute Resolution:
CEMAC provides a platform for member states to resolve maritime disputes

through dialogue and peaceful means. The sub-regional organization encourages
its member states to engage in bilateral or multilateral negotiations to address
maritime boundary disputes, territorial claims, or other maritime conflicts. In some
cases, CEMAC may facilitate mediation or provide a framework for dispute
resolution processes.
10. Capacity Building and Technical Assistance:
CEMAC supports capacity building and technical assistance programs to

enhance the effectiveness and implementation of sub-regional maritime law. This
includes providing training, sharing best practices, and supporting the development
of institutional and human resources capacities within member states. Capacity
building initiatives help strengthen the sub-regional legal framework and improve
the implementation of maritime regulations and standards.
The specific details and scope of CEMAC's sub-regional law may vary over time
as member states engage in ongoing cooperation and adapt to changing regional
dynamics. Therefore, for the most accurate and up-to-date information, it is
advisable to refer to the official publications, legal documents, and announcements
of CEMAC and its member states.
Understanding the specific legal framework for maritime activities in the Central
African Economic and Monetary Community (CEMAC) region requires a closer
look at the applicable laws, regulations, and institutional structures within CEMAC.
28
key elements of the legal framework for maritime activities in the CEMAC
region
1. Treaty and Institutional Framework:
The legal foundation for maritime activities in the CEMAC region is primarily
established through the Treaty establishing CEMAC, which sets out the objectives,
principles, and institutional structure of the organization. The Treaty provides a
framework for member states to cooperate and coordinate their efforts in various
areas, including maritime affairs.
2. CEMAC Maritime Transport Regulation:
CEMAC has adopted specific regulations related to maritime transport within the
sub-region. These regulations aim to harmonize maritime procedures, safety
standards, and operational requirements. They cover various aspects such as ship
registration, crew qualifications, vessel inspection, maritime safety, and port
operations. These regulations facilitate the smooth functioning of maritime
transport within the CEMAC region.
3. Harmonization of National Laws:
CEMAC member states are encouraged to harmonize their national laws and
regulations with the sub-regional standards and requirements. This harmonization
process ensures consistency and uniformity in the legal framework governing
maritime activities within CEMAC. Member states may enact legislation or amend
existing laws to align with the sub-regional regulations.
4. Maritime Safety and Security:
29
CEMAC places significant emphasis on maritime safety and security within its
sub-regional waters. This involves the implementation and enforcement of safety
regulations, compliance with international maritime conventions, and measures to
prevent accidents, incidents, and pollution. CEMAC member states work together
to enhance maritime surveillance, vessel inspections, search and rescue capabilities,
and response to maritime security threats.
5. Environmental Protection:
Environmental protection is an integral part of the legal framework for maritime

activities in the CEMAC region. Member states are expected to adopt measures to
prevent and control pollution from ships, implement regulations related to ballast
water management, and protect marine ecosystems. Compliance with international
conventions and standards, such as the International Convention for the Prevention
of Pollution from Ships (MARPOL), may be required.
6. Fisheries Management:
The legal framework for maritime activities in CEMAC also includes provisions
related to fisheries management. This involves implementing measures to conserve
fishery resources, combat illegal fishing practices, establish fishing quotas, and
promote sustainable fishing practices. CEMAC member states collaborate on
regional initiatives and policy frameworks to ensure the responsible and
sustainable utilization of fisheries resources.
7. Dispute Resolution Mechanisms:
In the event of maritime disputes between CEMAC member states, there may be
provisions for dispute resolution within the legal framework. These mechanisms
could include negotiation, mediation, or arbitration processes facilitated by
30
CEMAC or other relevant institutions. The objective is to peacefully resolve
conflicts and maintain stability in the sub-region.
It is important to note that the specific legal framework for maritime activities
within CEMAC is dynamic and subject to updates, amendments, and revisions. It
is advisable to refer to official CEMAC publications, legal documents, and
announcements, as well as consult with legal experts or authorities within the
CEMAC member states for the most accurate and up-to-date information on the
applicable legal framework.
Regulations on vessel registration, maritime safety, and environmental protection

in the CEMAC region are important components of the legal framework for
maritime activities. While I can provide a general overview, it's essential to consult
official sources and legal documents for specific details and the most up-to-date
information. The key aspects related to vessel registration, maritime safety, and
environmental protection in the CEMAC region include the following:
1. Vessel Registration:
Vessel registration regulations in the CEMAC region aim to establish a

standardized process for registering ships operating within member states. These
regulations may require shipowners and operators to adhere to specific
documentation, such as the submission of ownership records, technical
specifications, and safety certificates. The vessel registration process typically
involves the maritime administration of the respective member state, which
oversees and maintains the register of ships.
31
2. Maritime Safety:
CEMAC member states prioritize maritime safety to prevent accidents, protect

lives, and safeguard the marine environment. Regulations related to maritime
safety encompass various aspects, including vessel construction and equipment
standards, crew qualifications and training, navigation rules, and emergency
response procedures. Compliance with international maritime safety conventions,
such as the International Convention for the Safety of Life at Sea (SOLAS), is
often required.
Environmental protection is a crucial aspect of the legal framework for maritime

activities in the CEMAC region. Regulations focus on preventing and mitigating
pollution from ships, including measures to manage ballast water, control air
emissions, and handle hazardous substances. Compliance with international
conventions like the International Convention for the Prevention of Pollution from
Ships (MARPOL) is typically required, which sets standards for pollution
prevention in different maritime areas.
4. Port State Control:
Port state control regulations in the CEMAC region involve inspections and
monitoring of visiting foreign ships to ensure compliance with applicable safety
and environmental standards. Port state control authorities have the mandate to
conduct inspections, verify ship documentation, and take appropriate actions
against non-compliant vessels. These regulations help maintain high safety and
environmental standards in ports within the CEMAC region.
5. Enforcement and Compliance:

32
CEMAC member states establish mechanisms for enforcing and ensuring
compliance with vessel registration, maritime safety, and environmental protection
regulations. This may involve inspections, audits, and penalties for non-
compliance. Additionally, member states collaborate on information sharing,
capacity building, and training programs to enhance enforcement capabilities and
promote a culture of compliance.
The specific regulations and requirements related to vessel registration, maritime

safety, and environmental protection may differ among CEMAC member states.
While efforts are made to harmonize these regulations within the sub-region, there
may be variations in implementation and enforcement. Therefore, it is crucial to
refer to the official publications, legal documents, and authorities of each member
state and consult with legal experts for precise and up-to-date information on these
specific regulations in the CEMAC region.
Regulations on vessel registration, maritime safety, and environmental protection

in the CEMAC region are important components of the legal framework for
maritime activities. While I can provide a general overview, it's essential to consult
official sources and legal documents for specific details and the most up-to-date
information. Here are key aspects related to vessel registration, maritime safety,
and environmental protection in the CEMAC region:
1. Vessel Registration:
Vessel registration regulations in the CEMAC region aim to establish a

standardized process for registering ships operating within member states. These
regulations may require shipowners and operators to adhere to specific
documentation, such as the submission of ownership records, technical
33
specifications, and safety certificates. The vessel registration process typically
involves the maritime administration of the respective member state, which
oversees and maintains the register of ships.
2. Maritime Safety:
CEMAC member states prioritize maritime safety to prevent accidents, protect

lives, and safeguard the marine environment. Regulations related to maritime
safety encompass various aspects, including vessel construction and equipment
standards, crew qualifications and training, navigation rules, and emergency
response procedures. Compliance with international maritime safety conventions,
such as the International Convention for the Safety of Life at Sea (SOLAS), is
often required.
Environmental protection is a crucial aspect of the legal framework for maritime

activities in the CEMAC region. Regulations focus on preventing and mitigating
pollution from ships, including measures to manage ballast water, control air
emissions, and handle hazardous substances. Compliance with international
conventions like the International Convention for the Prevention of Pollution from
Ships (MARPOL) is typically required, which sets standards for pollution
prevention in different maritime areas.
4. Port State Control:
Port state control regulations in the CEMAC region involve inspections and
monitoring of visiting foreign ships to ensure compliance with applicable safety
and environmental standards. Port state control authorities have the mandate to
conduct inspections, verify ship documentation, and take appropriate actions
34
against non-compliant vessels. These regulations help maintain high safety and
environmental standards in ports within the CEMAC region.
5. Enforcement and Compliance:
CEMAC member states establish mechanisms for enforcing and ensuring

compliance with vessel registration, maritime safety, and environmental protection
regulations. This may involve inspections, audits, and penalties for non-
compliance. Additionally, member states collaborate on information sharing,
capacity building, and training programs to enhance enforcement capabilities and
promote a culture of compliance.
The specific regulations and requirements related to vessel registration, maritime

safety, and environmental protection may differ among CEMAC member states.
While efforts are made to harmonize these regulations within the sub-region, there
may be variations in implementation and enforcement. Therefore, it is crucial to
refer to the official publications, legal documents, and authorities of each member
state and consult with legal experts for precise and up-to-date information on these
specific regulations in the CEMAC region.
35
Module 4: National Law
In the CEMAC region, individual member states have enacted national maritime
laws and regulations to govern maritime activities within their respective
jurisdictions. Here is a brief analysis of the national maritime laws and regulations
of some CEMAC member states:
1. Cameroon:
Cameroon has enacted several laws and regulations to govern maritime activities.
These include the Maritime Code, which covers various aspects such as vessel
registration, maritime safety, crew qualifications, port operations, and
environmental protection. The country has also adopted regulations related to
maritime security, fisheries management, and marine pollution prevention.
2. Chad:
As a landlocked country, Chad's maritime laws primarily focus on inland

waterways and river transport. The country has regulations governing river
navigation, vessel registration, safety requirements, and environmental protection
within its jurisdiction. These laws often align with international conventions and
regional agreements related to inland water transport.
3. Central African Republic (CAR):
The Central African Republic's maritime laws primarily relate to the use and
management of navigable rivers within its territory. The country has regulations
concerning river navigation, vessel registration, safety standards, and
environmental protection. CAR's laws may also address issues such as river ports,
customs procedures, and trade facilitation along the navigable waterways.
36
4. Congo:
The Republic of Congo has enacted laws and regulations to govern maritime
activities within its territorial waters. These include laws related to vessel
registration, maritime safety, port operations, and environmental protection. The
country's legal framework often aligns with international maritime conventions and
regional agreements, promoting safety, security, and environmental sustainability
in maritime operations.
5. Equatorial Guinea:
Equatorial Guinea has established laws and regulations to govern maritime

activities within its coastal waters. The country has regulations covering vessel
registration, maritime safety, port operations, environmental protection, and
fisheries management. Equatorial Guinea's legal framework may also address
issues such as maritime security, maritime labor, and maritime dispute resolution.
6. Gabon:
Gabon has enacted national maritime laws and regulations to govern maritime
activities within its jurisdiction. These laws cover various aspects, including vessel
registration, maritime safety, port operations, marine environmental protection, and
fisheries management. Gabon's legal framework often aligns with international
conventions and regional agreements to ensure the safety, security, and
sustainability of maritime operations.
It is important to note that the analysis provided here is a general overview, and the
specific details of national maritime laws and regulations in each CEMAC member
state may be more comprehensive and nuanced. To obtain precise and up-to-date
information on the national maritime laws and regulations of a specific CEMAC
37
member state, it is advisable to consult the official legal sources, including
legislation, regulations, and maritime authorities of that particular country.
38
Module 5: Legal Disputes Involving Ships
Legal disputes involving ships can arise in various contexts within the maritime
industry. Some common types of legal disputes that may involve ships are:
1. Contractual Disputes:
Contractual disputes can occur between parties involved in ship-related

agreements, such as shipbuilding contracts, charter agreements, sale and purchase
contracts, or contracts for maritime services. These disputes may involve issues
related to non-performance, breach of contract, payment disputes, or disagreements
over contractual terms and conditions.
2. Maritime Accidents and Collisions:
Accidents and collisions at sea can lead to legal disputes, particularly when there
are casualties, property damage, or environmental pollution. Parties involved, such
as shipowners, charterers, cargo owners, and insurers, may seek compensation for
losses incurred. Disputes may arise over liability, negligence, contributory
negligence, salvage rights, or insurance coverage.
3. Cargo Claims:
Cargo disputes can arise when there are issues related to loss, damage, or delay
of cargo during transportation by sea. These disputes may involve disputes over the
condition of the cargo at loading or discharge, improper stowage, inadequate
packaging, or breaches of carriage contracts. Parties involved, such as cargo
owners, shippers, carriers, or insurers, may seek compensation or dispute liability.
39
4. Ship Arrest and Release:
Ship arrest occurs when a ship is legally detained or seized as security for a claim.
This can happen in cases of unpaid debts, unpaid crew wages, or unresolved
disputes. Parties seeking to enforce their claims may arrest a ship, and subsequent
legal proceedings determine the release of the vessel. Disputes can arise regarding
the validity of the arrest, the amount of the claim, or the release conditions.
5. Salvage and Towage Disputes:
Salvage and towage disputes involve situations where a salvor or a tugboat

assists a distressed ship or provides towing services. Disputes may arise over the
terms of the salvage or towage agreement, the amount of salvage reward, the
effectiveness of the salvage operation, or the allocation of costs and liabilities.
6. Pollution and Environmental Claims:
Legal disputes can arise from pollution incidents caused by ships, such as oil
spills or hazardous material discharge. These disputes may involve claims for
compensation, liability for cleanup costs, and enforcement of environmental
regulations. The affected parties, including coastal states, environmental
organizations, or affected communities, may seek legal remedies and compensation.
7. Insurance Disputes:
Insurance disputes can occur when there are disagreements between shipowners,
insurers, or underwriters regarding coverage, policy interpretation, claims handling,
or settlement amounts. These disputes may involve marine hull insurance,
protection and indemnity (P&I) insurance, cargo insurance, or other types of
maritime insurance.
40
The resolution of legal disputes involving ships can take place through various
methods, including negotiation, mediation, arbitration, or litigation. The applicable
laws and procedures may vary depending on the jurisdiction and the specific
circumstances of the dispute. Parties involved in such disputes often seek legal
advice from maritime lawyers with expertise in maritime law and dispute
resolution.
Arbitration Courts
Arbitration is a widely used method of resolving maritime disputes, offering

several advantages and facing specific challenges in the maritime context. Here's
an exploration of arbitration's use in resolving maritime disputes, along with its
advantages and challenges:
1. Advantages of Arbitration in the Maritime Context:
a. Expertise and Specialization: Arbitration allows parties to choose arbitrators

with expertise in maritime law and industry practices. This ensures that the dispute
is resolved by individuals who understand the complexities and specific nuances of
maritime disputes, leading to more informed and specialized decisions.
b. Neutrality and Impartiality: Arbitration proceedings are typically conducted in

neutral jurisdictions, providing parties with a neutral forum for dispute resolution.
This can be particularly beneficial in international maritime disputes where parties
may come from different countries and seek a neutral ground for resolution.
c. Confidentiality: Arbitration offers a confidential forum for resolving disputes,

which can be advantageous in the maritime sector. Confidentiality can protect
41
sensitive commercial information, trade secrets, and reputational concerns,
allowing parties to maintain privacy and business confidentiality.
d. Flexibility and Procedural Control: Parties have greater control over the
arbitration process, including the selection of arbitrators, procedural rules, and the
choice of applicable law. This flexibility allows parties to tailor the proceedings to
their specific needs and ensures a more efficient and focused resolution process.
e. Enforcement of Awards: Arbitral awards are generally enforceable under

international conventions, such as the New York Convention on the Recognition
and Enforcement of Foreign Arbitral Awards. This facilitates the enforcement of
arbitration awards in multiple jurisdictions, providing parties with a mechanism for
the effective enforcement of their rights.
2. Challenges of Arbitration in the Maritime Context:
a. Urgency and Time Sensitivity: Maritime disputes often require urgent

resolutions due to time-sensitive matters, such as vessel arrests, cargo perishability,
or the need for immediate injunctive relief. Arbitration proceedings, although
generally faster than litigation, may still face challenges in meeting the desired
speed and urgency of maritime disputes.
b. Multiple Jurisdictional Issues: Maritime disputes may involve parties from

different jurisdictions, which can complicate the arbitration process. Issues such as
choice of law, jurisdictional challenges, and cross-border enforcement of awards
may require careful consideration and coordination among different legal systems.
42
c. Cost Implications: Arbitration can be costly, especially in complex maritime
disputes that involve multiple parties, extensive evidence gathering, and expert
witnesses. The fees of arbitrators, legal representation, venue costs, and other
expenses can significantly impact the overall cost of arbitration proceedings.
d. Limited Precedential Value: Arbitral awards generally have limited

precedential value, meaning that they do not create binding legal precedents in the
same way as court judgments. This can lead to uncertainties in legal interpretation
and potentially result in inconsistent outcomes for similar disputes.
e. Enforcement Challenges: Although arbitration awards are enforceable,

challenges may arise when attempting to enforce awards across different
jurisdictions, particularly in countries with less developed or unpredictable legal
systems. Parties may face obstacles in securing effective enforcement of awards,
which could impact the efficacy of the arbitration process.
Despite these challenges, arbitration remains a popular choice for resolving

maritime disputes due to its advantages in providing a specialized forum, neutrality,
confidentiality, and enforceability. The selection of an appropriate arbitration
institution, careful drafting of arbitration clauses, and seeking legal advice from
experienced maritime arbitration practitioners can help parties navigate these
challenges and optimize the benefits of arbitration in the maritime context.
Arrest of vessels
The arrest of vessels is a legal procedure used to secure maritime claims by

detaining a vessel until the claim is resolved or security is provided. It allows a
claimant to obtain a form of security by restricting the vessel's movement and
potentially selling it to satisfy the claim. The specific procedures and requirements
43
for vessel arrest can vary depending on the jurisdiction where the arrest is sought,
but there are common elements and principles. Here's an overview of the general
legal procedures and requirements for the arrest of vessels:
1. Jurisdiction and Admiralty Courts:
Vessel arrests typically fall under the jurisdiction of admiralty or maritime courts,
which specialize in maritime matters. These courts have the authority to enforce
maritime claims and issue orders for vessel arrests. The specific jurisdiction may
be determined based on factors such as the vessel's location, the nature of the claim,
or the applicable law.
2. Valid Maritime Claim:
To arrest a vessel, the claimant must have a valid maritime claim recognized by
law. Maritime claims can include unpaid debts, breach of contract, salvage,
collision, personal injury, pollution, or other claims arising from maritime
activities. The claim must meet the legal requirements for jurisdiction and be
supported by sufficient evidence.
3. Security and Damages:
The purpose of vessel arrest is to provide security for a claimant's potential

damages. The claimant must demonstrate that there is a reasonable likelihood of
success on the underlying claim and that there is a risk that the defendant may not
be able to satisfy the claim. The court will consider factors such as the claim
amount, the vessel's value, and the defendant's financial situation in determining
whether arrest is justified.
4. Arrest Warrant and Documentation:
44
The claimant initiates the vessel arrest process by filing a petition or application
with the admiralty court. This typically includes providing a detailed statement of
the claim, supporting evidence, and an affidavit or declaration explaining the need
for arrest. If the court finds the application valid, it will issue an arrest warrant or
order authorizing the arrest of the vessel.
5. Arrest and Security:
Once the arrest warrant is issued, it is served on the ship's captain or master, port
authorities, or relevant authorities. The vessel is physically detained or "arrested"
by local law enforcement or custodial agents acting under the court's authority. The
claimant may be required to provide security or a bond to cover potential damages
resulting from the arrest. The type and amount of security vary depending on the
jurisdiction and the circumstances of the case.
6. Resolution and Release:
Following the vessel's arrest, legal proceedings will take place to resolve the
underlying claim. This can involve negotiations, alternative dispute resolution
methods, or litigation in the admiralty court. If the claim is resolved, the vessel
may be released upon the provision of appropriate security or the satisfaction of the
claim. If the claimant is successful, the vessel may be sold through a judicial sale,
and the proceeds used to satisfy the claim.
It's important to note that the specific legal procedures and requirements for vessel
arrest can differ significantly between jurisdictions. It is advisable to seek legal
advice from maritime lawyers familiar with the specific jurisdiction where the
vessel arrest is sought to ensure compliance with local laws and procedures.
45
Mareva injunctions
Mareva injunctions, also known as freezing orders or asset preservation orders, are
a legal remedy commonly used in maritime disputes to prevent the dissipation of
assets. They are court orders that prohibit a party from disposing of or dealing with
its assets, including maritime assets, pending the resolution of a dispute. Mareva
injunctions are primarily aimed at preventing the defendant from frustrating the
claimant's ability to enforce a judgment or recover assets. Here's an examination of
the use of Mareva injunctions in maritime disputes:
1. Purpose and Scope:
Mareva injunctions are typically sought to preserve assets that may be used to
satisfy a judgment or arbitral award. In maritime disputes, these injunctions can be
used to freeze assets such as vessels, bank accounts, cargo, or other maritime-
related assets. The purpose is to prevent the defendant from dissipating or
transferring these assets beyond the reach of the claimant.
2. Legal Requirements:
To obtain a Mareva injunction, the claimant must demonstrate the following

legal requirements:
a. Serious Claim: The claimant must have a strong prima facie case with a
reasonable prospect of success on the underlying claim. The court will assess the
merits of the claim, considering factors such as the strength of the evidence, the
legal basis of the claim, and the potential for success.
b. Risk of Dissipation: The claimant must establish a real risk that the defendant
will dissipate or dispose of its assets to frustrate the claimant's ability to enforce a
46
judgment or recover assets. This typically requires demonstrating evidence of the
defendant's intention to dissipate assets or evidence of previous dissipation in
similar circumstances.
c. Undertaking as to Damages: The claimant must provide an undertaking to the

court to compensate the defendant for any losses suffered as a result of the
injunction if it is later determined that the injunction was wrongly granted.
3. Application and Enforcement:
The claimant initiates the Mareva injunction process by filing an application with
the relevant court. The application includes a detailed statement of the claim,
supporting evidence, and legal arguments justifying the need for the injunction. If
the court is satisfied with the requirements, it will issue the Mareva injunction,
which will be served on the defendant.
Once the injunction is in place, the defendant is legally bound to comply with its
terms. Failure to comply with the injunction can result in contempt of court
proceedings and potential sanctions, including imprisonment or financial penalties.
The defendant may seek to vary or set aside the injunction by demonstrating a
change in circumstances or challenging the legal basis of the injunction.
4. Duration and Modification:
Mareva injunctions are typically granted on an interim or provisional basis and

are subject to further court hearings. The injunction may be modified or discharged
if circumstances change or if the court determines it is no longer necessary. The
claimant may also be required to provide ongoing updates and disclosure of its
assets to the court.
47
Mareva injunctions can be a powerful tool in maritime disputes, allowing
claimants to preserve assets and secure potential recovery. However, they are
subject to strict legal requirements and must be carefully considered and applied to
ensure compliance with the relevant jurisdiction's laws and procedures. Legal
advice from experienced maritime lawyers is crucial when seeking or defending
against Mareva injunctions in maritime disputes.
Ship Mortgages and Liens
Ship mortgages and liens are important legal mechanisms in maritime law that
provide security interests in vessels and allow creditors to secure their claims.
Here's an analysis of the legal framework for ship mortgages and liens, including
their creation, priority, enforcement, and discharge:
1. Creation of Ship Mortgages and Liens:
a. Ship Mortgages: A ship mortgage is a security interest in a vessel that allows a

creditor (mortgagee) to secure a loan or debt. The mortgage is created by a written
agreement between the vessel owner (mortgagor) and the mortgagee. The
agreement typically includes details of the loan, repayment terms, and the vessel's
description. The mortgage must be recorded with the relevant ship registry or
maritime authority to establish priority.
b. Maritime Liens: Maritime liens are statutory rights that arise by operation of
law and provide security interests in vessels to certain claimants. They can arise
from various maritime-related claims, including unpaid crew wages, salvage,
collision, and maritime torts. Maritime liens are generally automatic and do not
require a written agreement or registration.
2. Priority of Ship Mortgages and Liens:

48
a. Ship Mortgages: The priority of ship mortgages is generally determined by the
order of their registration. The first mortgagee to register its mortgage with the ship
registry or maritime authority usually enjoys the highest priority. Subsequent
mortgages are ranked in the order of their registration. Priority can also be
established by agreement among the mortgagees.
b. Maritime Liens: Maritime liens generally have a higher priority than ship
mortgages and other encumbrances. They are considered privileged claims and
have a higher ranking in the hierarchy of claims against a vessel. Maritime liens
typically take priority over subsequently registered mortgages and other non-
maritime liens.
3. Enforcement of Ship Mortgages and Liens:
a. Ship Mortgages: If the mortgagor defaults on the loan or debt, the mortgagee
can enforce the ship mortgage by initiating foreclosure proceedings. This can
involve judicial sale or private sale of the vessel. The mortgagee has the right to
apply to the court for an order authorizing the sale, and the proceeds are used to
satisfy the outstanding debt in the order of priority.
b. Maritime Liens: Maritime liens can be enforced by arresting the vessel or

filing a claim in a maritime court. The claimant must establish the validity of the
lien and the amount owed. Once proven, the court can order the sale of the vessel
through a judicial sale, and the proceeds are used to satisfy the maritime lien in the
order of priority.
4. Discharge of Ship Mortgages and Liens:
a. Ship Mortgages: Ship mortgages can be discharged through various means,

including full repayment of the debt or loan, voluntary cancellation by the
49
mortgagee, or by court order. Upon discharge, the mortgagee should provide a
release or satisfaction of mortgage document that is recorded with the ship registry
or maritime authority to clear the vessel's title.
b. Maritime Liens: Maritime liens are typically discharged when the underlying
claim is resolved, settled, or paid in full. Once the lien is satisfied, the court may
issue an order of satisfaction or release, which can be recorded to clear the vessel's
title.
It is important to note that ship mortgages and liens are subject to specific legal
requirements and procedures that may vary between jurisdictions. Consultation
with maritime lawyers and compliance with local laws and regulations are essential
when dealing with ship mortgages and liens to ensure proper creation, priority,
enforcement, and discharge of these security interests.
Collision and Pilotage
Collisions at sea are a significant concern in maritime law, and the legal principles
governing them aim to assign liability and ensure safety. Pilotage services play a
crucial role in preventing collisions by providing expert navigational guidance.
Here's an overview of the legal principles governing collisions at sea and the role
of pilotage services:
Legal Principles Governing Collisions at Sea:
1. Duty to Navigate Safely:
Vessels have a legal duty to navigate safely and take necessary precautions to
avoid collisions. This duty stems from international conventions like the
International Regulations for Preventing Collisions at Sea (COLREGs) and
50
national maritime laws. It requires vessels to maintain a proper lookout, adhere to
navigation rules, and exercise due diligence in preventing collisions.
2. COLREGs:
The COLREGs provide a comprehensive set of rules and regulations for

preventing collisions at sea. They cover various aspects of vessel navigation,
including the right of way, steering and sailing rules, lights and shapes, sound
signals, and conduct in restricted visibility. The COLREGs are widely adopted and
form the backbone of collision avoidance regulations in most maritime
jurisdictions.
3. Presumption of Fault:
There is a general legal presumption that when a collision occurs, both vessels
involved share some degree of fault. This presumption is commonly known as the
"doctrine of divided damages" or "principle of comparative fault." It means that
liability for a collision may be apportioned between the parties based on their
respective degrees of fault or negligence.
4. Contributory Negligence:
Contributory negligence refers to situations where the actions or negligence of

both vessels contribute to a collision. In such cases, liability may be divided based
on the degree of fault attributable to each vessel. Contributory negligence can
reduce or limit a party's claim for damages.
Role of Pilotage Services in Ensuring Safe Navigation:
1. Pilotage Services:
51
Pilotage services involve the use of professional pilots who have specialized
knowledge and experience in navigating specific waterways or ports. Pilots are
typically employed or engaged by port authorities or pilotage organizations. Their
primary role is to provide expert guidance and assistance to vessels entering or
leaving ports, navigating congested areas, or traversing challenging waterways.
2. Duties and Responsibilities of Pilots:
Pilots have a duty to exercise their best professional judgment and skill to ensure
the safe navigation of vessels. Their responsibilities include assessing navigation
conditions, advising vessel masters on safe courses, providing local knowledge,
and coordinating with port authorities and other vessels to prevent collisions. Pilots
must comply with applicable laws, regulations, and pilotage procedures.
3. Compulsory Pilotage:
In some jurisdictions, pilotage services may be compulsory for certain vessels or

in specific areas. This requirement is often based on factors such as vessel size,
draft, and the complexity of the navigation route. Compulsory pilotage aims to
enhance safety by ensuring that vessels receive expert guidance from experienced
pilots in challenging or high-risk areas.
4. Pilotage Immunity and Liability:
Pilots generally enjoy certain legal protections, such as pilotage immunity, which
shields them from personal liability for actions taken in good faith while
performing their duties. However, pilotage immunity does not absolve pilots from
liability in cases of willful misconduct or gross negligence. Pilots may be subject
to investigation and disciplinary action for any breaches of their duties or
regulations.
52
The specific legal principles, regulations, and requirements governing collisions at
sea and pilotage services can vary between jurisdictions. It's advisable to consult
relevant national and international maritime laws, regulations, and local practices,
as well as seek guidance from maritime lawyers and professional pilotage
organizations when dealing with collision-related matters or pilotage services.
53
Module 6: Charter Party Agreements and Contracts of Affreightment
Charter Party Agreements
Charter party agreements are commonly used in the maritime industry to contract
the use of vessels for the transportation of goods or passengers. These agreements
establish the rights, obligations, and responsibilities of the shipowner (or charterer)
and the party chartering the vessel (charterer). Here's an overview of charter party
agreements:
1. Types of Charter Parties:
a. Voyage Charter Party: Under a voyage charter party, the charterer hires the
vessel for a specific voyage or a series of voyages. The vessel is usually chartered
for a particular cargo or goods, and the charterer may have control over the cargo's
loading and discharge ports.
b. Time Charter Party: In a time charter party, the charterer hires the vessel for a
specific period, typically for a fixed number of months or years. The charterer has
greater control over the vessel's use and employment during the charter period,
including the choice of cargo and ports.
c. Bareboat Charter Party (Demise Charter): A bareboat charter party involves

the complete transfer of possession and control of the vessel to the charterer. The
charterer assumes all responsibilities typically held by the shipowner, including
crewing, maintenance, and operational costs.
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2. Key Elements of Charter Party Agreements:
a. Vessel Description: The charter party agreement should include a detailed

description of the vessel, including its specifications, capacity, and class
certificates.
b. Charter Period: The agreement specifies the duration of the charter, whether it
is for a specific voyage, a fixed period, or longer-term.
c. Payment Terms: The charter party agreement outlines the financial terms,
including the charter hire (the payment made by the charterer to the shipowner)
and any additional charges, such as fuel costs, port expenses, or demurrage
(penalty for exceeding agreed time for cargo loading or discharge).
d. Performance Obligations: The agreement delineates the obligations of both

parties, including the shipowner's duty to provide a seaworthy vessel and the
charterer's obligations regarding cargo loading, stowage, and discharge.
e. Insurance: The charter party agreement typically addresses insurance

requirements, specifying the types of insurance coverage required and which party
is responsible for providing the insurance.
f. Dispute Resolution: The agreement may include provisions for resolving

disputes, such as arbitration or jurisdiction clauses, outlining the preferred method
for resolving any conflicts that may arise.
3. Charter Party Forms:
Various standard forms of charter parties exist, such as the Gencon, NYPE (New
York Produce Exchange), Baltime, and Asbatankvoy forms. These forms provide
standardized clauses and terms commonly used in charter party agreements,
55
offering parties a starting point for negotiations and facilitating industry-wide
consistency.
4. Legal Considerations and Governing Law:
Charter party agreements are subject to the applicable national and international
maritime laws, regulations, and conventions. The choice of governing law and
jurisdiction is an important consideration and is often specified in the agreement.
It is crucial for both shipowners and charterers to carefully review and negotiate
the terms of charter party agreements to ensure they accurately reflect the parties'
intentions and protect their respective interests. Seeking legal advice from
maritime lawyers experienced in charter party agreements can help ensure
compliance with relevant laws and regulations and facilitate a smooth and mutually
beneficial chartering arrangement.
The Rights and Obligations of the Parties involved in the different types of Charter
Party Agreements:
1. Voyage Charter Party:
a. Shipowner's Rights and Obligations:
- The shipowner is responsible for providing a seaworthy vessel that is suitable

for the intended voyage.
- The shipowner has the right to receive charter hire from the charterer as per
the agreed terms.
- The shipowner must follow the charterer's instructions regarding cargo

loading, stowage, and discharge.
56
- The shipowner is responsible for the vessel's operational costs, crewing, and
maintenance.
b. Charterer's Rights and Obligations:
- The charterer has the right to use the vessel for the agreed voyage and
transport its cargo.
- The charterer must pay the charter hire and any additional charges, such as
port expenses and demurrage.
- The charterer is responsible for providing cargo for transportation and

complying with loading and discharge instructions.
- The charterer may have the option to sub-charter the vessel to third parties,
subject to the shipowner's approval.
2. Time Charter Party:
a. Shipowner's Rights and Obligations:
- The shipowner must provide a seaworthy vessel for the agreed charter period.
- The shipowner has the right to receive charter hire for the entire charter
period.
- The shipowner is responsible for the vessel's operational costs, crewing, and
maintenance.
- The shipowner may have limited control over the vessel's employment and
trading routes.
57
b. Charterer's Rights and Obligations:
- The charterer has the right to use the vessel for the agreed time period and
determine its employment.
- The charterer must pay the charter hire and any additional charges, such as
fuel costs and port expenses.
- The charterer is responsible for the vessel's day-to-day operations, including

crewing and maintenance.
- The charterer has the option to nominate ports and cargoes within the limits
specified in the agreement.
3. Bareboat Charter Party:
a. Charterer's Rights and Obligations:
- The charterer has the exclusive possession and control of the vessel, assuming
the responsibilities of a shipowner.
- The charterer is responsible for crewing, maintenance, and operational costs.
- The charterer may sub-charter the vessel to third parties, subject to any
restrictions outlined in the agreement.
- The charterer has the right to determine the vessel's employment and trading
routes.
b. Shipowner's Rights and Obligations:
- The shipowner transfers the possession and control of the vessel to the
charterer.
58
- The shipowner is typically not responsible for the vessel's operational costs,
crewing, or maintenance during the charter period.
- The shipowner may have the right to inspect the vessel to ensure compliance
with the charter agreement.
- The shipowner may specify any limitations or restrictions on the charterer's

use of the vessel.
It is important to note that the rights and obligations of the parties in charter party
agreements can be modified or further detailed through negotiations and the
specific terms agreed upon in the contract. Parties should carefully review and
understand their respective roles and responsibilities to ensure a successful and
mutually beneficial chartering arrangement. Consulting with maritime lawyers
experienced in charter party agreements is advisable to address any specific legal
considerations and ensure compliance with applicable laws and regulations.
Contracts of Affreightment
Contracts of affreightment, also known as COAs, are agreements commonly used

in the shipping industry to contract the transportation of goods over a series of
voyages or a specified period. Unlike charter parties that typically involve the hire
of a specific vessel, COAs focus on the transportation of goods and offer more
flexibility in terms of the vessels used. Here's an overview of contracts of
affreightment:
1. Nature of Contracts of Affreightment:
Contracts of affreightment are agreements between a shipper (cargo owner or

charterer) and a carrier (often a shipping line or a freight forwarder) for the
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transportation of a certain quantity or volume of goods. They establish the terms
and conditions under which the carrier will transport the cargo.
2. Types of Contracts of Affreightment:
a. Consecutive Voyage COA: Under this type of COA, the shipper agrees to
provide a certain amount of cargo to the carrier for transportation over a series of
consecutive voyages within a specified period. The carrier is obligated to provide
suitable vessels and transport the cargo as per the agreed terms.
b. Period COA: In a period COA, the shipper agrees to provide a specified

quantity or volume of cargo to the carrier within a defined time frame (e.g.,
monthly or yearly). The carrier is responsible for arranging suitable vessels and
transporting the cargo as per the terms of the agreement.
3. Key Elements of Contracts of Affreightment:
a. Quantity and Quality: The COA specifies the quantity or volume of cargo to
be transported, along with any quality specifications or requirements.
b. Transportation Schedule: The agreement outlines the schedule or frequency of

cargo shipments, including the expected dates of loading and discharge.
c. Freight Rate: The COA defines the freight rate or rates that will apply to the
transported cargo. The freight rate can be a fixed amount per cargo unit or may
vary based on factors such as distance, time, or cargo type.
60
d. Cargo Handling and Stowage: The COA may include provisions regarding
cargo handling, stowage, and any specific requirements for the packaging or
securing of the cargo.
e. Liability and Insurance: The agreement addresses the carrier's liability for loss
or damage to the cargo during transportation and may specify the insurance
coverage required.
f. Termination and Force Majeure: The COA may include provisions for
termination, cancellation, or suspension of the agreement by either party, as well as
clauses addressing force majeure events that may affect cargo transportation.
4. Legal Considerations:
Contracts of affreightment are subject to applicable international and national

laws, regulations, and the terms negotiated between the shipper and the carrier.
Parties should ensure compliance with relevant maritime laws, trade regulations,
and any specific requirements governing the transportation of the goods.
COAs provide flexibility for both shippers and carriers, allowing for the
transportation of goods over multiple voyages or a specific period without the need
to charter a specific vessel. It's essential for both parties to carefully review and
negotiate the terms of the COA to ensure they accurately reflect their intentions
and protect their respective rights and obligations. Seeking legal advice from
maritime lawyers experienced in contract law can help parties navigate the
complexities of contracts of affreightment and ensure compliance with applicable
laws and regulations.
61
Legal Framework for Contracts of Affreightment
Contracts of affreightment (COAs) are subject to a legal framework that

encompasses international conventions, national laws, and the terms negotiated
between the parties involved. While the specific legal framework may vary
depending on the jurisdictions involved, there are some general principles and key
provisions that apply to COAs in the context of maritime transportation. Let's
examine the legal framework and the responsibilities of the parties:
1. Legal Framework:
a. International Conventions: COAs are influenced by international conventions,

such as the Hague-Visby Rules, the Hamburg Rules, or the Rotterdam Rules,
which govern the rights and liabilities of the parties in the international carriage of
goods by sea. These conventions establish standards for cargo liability, the carrier's
obligations, and the shipper's rights.
b. National Laws: Each country may have its own laws and regulations
governing COAs, which can vary in terms of contract formation, interpretation,
and enforcement. Parties should be familiar with the applicable laws of the
jurisdiction governing the COA.
c. Terms of the Contract: The COA itself is a legally binding agreement that
establishes the rights and obligations of the parties. The terms negotiated and
agreed upon by the shipper and the carrier will form the basis of their legal
relationship.
2. Key Provisions and Responsibilities:
a. Obligations of the Shipper:
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- Provide Accurate Information: The shipper is responsible for providing
accurate information about the cargo, including its nature, quantity, and any special
handling requirements.
- Packaging and Marking: The shipper must properly package and mark the
cargo in accordance with applicable regulations and industry standards.
- Payment of Freight: The shipper is obligated to pay the agreed freight or

charges to the carrier.
b. Obligations of the Carrier:
- Transporting the Cargo: The carrier is responsible for transporting the cargo
safely and efficiently in accordance with the terms of the COA.
- Exercise Due Diligence: The carrier must exercise due diligence in the
handling, loading, stowage, carriage, and discharge of the cargo.
- Proper Care of the Cargo: The carrier is expected to take proper care of the
cargo and ensure its protection from loss or damage during transportation.
- Delivering the Cargo: The carrier has an obligation to deliver the cargo to the
agreed destination within a reasonable time.
c. Liability:
- Cargo Loss or Damage: The carrier may be liable for loss, damage, or delay
to the cargo during transportation, subject to the terms of the COA and applicable
legal frameworks.
63
- Limitation of Liability: The carrier's liability may be limited by international
conventions or national laws, which prescribe maximum limits of liability for
certain types of loss or damage.
d. Insurance:
- The shipper and the carrier should consider obtaining appropriate insurance
coverage to protect against potential risks and liabilities associated with the
transportation of the cargo.
It is essential for both parties to carefully review and negotiate the terms of the
COA to ensure they accurately reflect their intentions and protect their respective
rights and obligations. Consulting with maritime lawyers experienced in contract
law and international maritime conventions can help parties navigate the legal
framework, address specific legal considerations, and ensure compliance with
applicable laws and regulations.
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LECTURE NOTES ON MARITIME LAW

Contents: General introduction to maritime law, Hague Rules, Hague/Visby Rules,

1. Historical Development of Maritime Law

b. Commercial Shipping and Trade: Maritime law governs various aspects of

d. Maritime Pollution and Environmental Protection: With the increasing concern

e. Maritime Insurance: Maritime law governs marine insurance contracts, including

In summary, maritime law is a comprehensive legal framework that governs

Sources of Maritime Law

multilateral agreements negotiated and adopted by countries to establish uniform

- United Nations Convention on the Law of the Sea (UNCLOS): UNCLOS is a

- International Maritime Organization (IMO) Conventions: The IMO, a

Maritime law is also shaped by judicial decisions and precedents established

Maritime law is influenced by industry practices and standards developed by

Jurisdiction and Applicable Law

In maritime disputes, the principles of jurisdiction and choice of law determine

- Nationality Jurisdiction: Some countries assert jurisdiction over their nationals

- Party Autonomy: Parties involved in a maritime contract or agreement can

- Conflict of Laws: In cases where the dispute involves multiple countries,

The key provisions of the Hague Rules include:

4. Exceptions and Defenses:

5. Time Limits for Claims:

Hague/Visby Rules: Understanding the modifications and amendments

- Properly and carefully receiving, loading, handling, stowing, carrying, keeping,

- Providing a seaworthy vessel suitable for the intended voyage.

- Following any special instructions or requirements provided by the shipper.

2. Liability for Loss or Damage:

Hague/Visby Rules: Understanding the modifications and amendments

The Hague-Visby Rules introduced several modifications and amendments to the

1. Expanded Scope of Application:

The Hague-Visby Rules expanded the scope of application to cover a broader

2. Increased Carrier Liability:

The Hague-Visby Rules introduced additional obligations on the carrier to

4. Mandatory Disclosure of Limitation Amount:

5. Expanded List of Exceptions to Liability Limitation:

6. Time Limits for Filing Claims:

These modifications and amendments introduced by the Hague-Visby Rules

Hamburg Rules: Analyzing the Hamburg Rules as an alternative set of rules

A brief overview of the Hamburg Rules

The Hamburg Rules impose obligations on carriers, including:

- Taking measures to prevent loss or damage to the goods.

- Properly identifying the goods and providing appropriate documents.

Rotterdam Rules: Exploring the Rotterdam Rules, which provide a

The Rotterdam Rules, officially known as the United Nations Convention on

The Rotterdam Rules impose obligations on the carrier, including:

- Properly and carefully loading, handling, stowing, carrying, keeping, and

- Taking measures to prevent loss or damage to the goods.

- Providing the shipper with a bill of lading or an electronic transport record.

3. Shipper's Rights and Obligations:

- The right to demand a transport document, such as a bill of lading or electronic

4. Liability of the Carrier:

6. Electronic Transport Records:

Regional Maritime Law

Sub-Regional Law (CEMAC)

CEMAC (Central African Economic and Monetary Community) is a sub-regional

1. Maritime Transport Regulation:

2. Port and Maritime Infrastructure Development:

3. Maritime Security and Surveillance:

CEMAC recognizes the importance of maritime security in the sub-region.

4. Harmonization of Customs Procedures:

CEMAC works towards harmonizing customs procedures and regulations among

5. Harmonization of Legal Frameworks:

CEMAC seeks to harmonize legal frameworks and regulations across member

6. Harmonization of Maritime Legislation:

7. Maritime Safety and Pollution Prevention: