01 CAP - Intro - Legal Env of Ship Operation

ENVIRONMENT
-
Maritime Treaties
Introduction
 A vessel works under an umbrella of
various International Regulations
 And as a Master / Sr Officer, we are

required to know and comply with ththese.
ese.
 So let us look at this UMBRELLA first and

understand our operating ENVIRONMENT
1
Maritime Treaties
Briefly, we will look at ….
 International Maritime Law

 UNCLOS
 IMO
 ILO
 Enforcement of IMO & ILO Conventions
 Other Treaty provisions affecting shipping
• International Health Regs
• Intnl Telecom Regs 3
Intnl Maritime Law - Sources

 Derives mainly from
• Customary law
• Treaties
 Written intnl agreement
 Between 2 or more states
 Binding in Intnl Law
 Incorporated in National law of state
2
Intnl Maritime Law
 The law of the Sea made at various
UN Conferences on the Law of the
Sea
 Chief Treaty making bodies –
Merchant shipping
• IMO
• ILO
• WHO
• ITU
5
Law of the Sea - UNCLOS
UNCLOS
 United Nations Convention on Law of
the Sea
• All aspects of ocean space
space,, such as
delimitation, Env control, marine
research, economic & commercial
activities etc.
• Territorial sea / contiguous zone / EEZ /
High seas / innocent passage
• Enforcement of regulations – coastal
state/ flag state / port state
6
3
IMO
 Specialised agency of UN dealing
with maritime affairs
 Main Committees
• MSC (Maritime Safety Committee)
• MEPC (Marine Env Prot Committee)
• Legal
IMO
 IMO Instruments
• Conventions (SOLAS, LL, COLREG etc)

• Protocols (Eg Marpol 73/78)
• Amendments
• Recommendations, Codes and
Guidelines
• Resolutions (after amdmnts
amdmnts/guidelines)
/guidelines)
4
IMO
 IMO Instruments – 3 Main categories
• Maritime Safety Instruments

• Marine Pollution Instruments
• Liability & Compensation Instruments
 In addition
• Various other subjects
• IMO Codes 9
IMO
Maritime Safety Instruments
Conventions
 SOLAS 74/88 as amended
 LL 66/88
 STP 71 (Spec trade Passenger)
 COLREG 72
 CSC 72 (Safe containers)
 STCW 78 (with 1995 & 2010 amndmnts)
amndmnts)
 SAR 79
 SUA 88 (Suppression of unlawful act)
 FAL 65 (Facilitation of Maritime traffic)
10
5
IMO
Marine Pollution Instruments
Conventions
 MARPOL 73/78
 INTERVENTION 69 (on High seas)
 Prevention of Marine Poll by Dumping of

Wastes and other matter (LC) 72
 OPRC 90 (Oil poll Prep,response & co-
co-op
 OPRC – HNS Protocol
 AFS 2001 (Harmful Anti fouling)
 BWM 2004 (Blst

(Blst water)
11
IMO
Liability & Compensation Instruments
Conventions
 CLC 69 (Civil liab for oil poll damage)
 FUND 92 (Fund for comp – oil poll damage
 NUCLEAR 71 (Civil liab – Nucl Fuel)
 PAL 74 (Passengers & Luggage)
 LLMC 76 (Limit of Liab – Mar claims)
 HNS 96 (2010 Prot

Prot)) Haz & Nox sub
 BUNKER 2001 (Bnkr
(Bnkr oil Poll damage)
 WRECKS 2007 (Removal of Wrecks)
12
6
IMO
Instruments – Others subjects
Conventions
 TONNAGE 69
 SALVAGE 89
13
IMO – Various Codes

 IBC (Const
(Const – Equip – Bulk Chem)
 IGC (Const
(Const – Equip – Liq Gases in Bulk
 GRAIN / HSC (High speed craft) /
 CSS (cargo stowage & securing) /
 ESP / ISM / LSA / FTP (Fire test procedure) /
 INF (Safe carriage – Nuc fuel) /
 FSS (Fire Safety Sys) /
 IMDG / ISPS / IS (Intact Stab) /
 IMSBC (Solid Bulk cargoes) / ESP / NOISE / RO /
IGF ( ships using gases or low flash pt fuels) /
POLAR
14
7
SOLAS
 Main objective - to specify minimum standards
for the construction, equipment and operation of
ships
 Chapter I - General Provisions

 Chapter II-
II-1 - Construction - Subdivision and
stability, machinery and electrical installations
 Chapter II-
II-2 - Fire protection, fire detection and
fire extinction
 Chapter III - Life
Life--saving appliances and
arrangements
15
SOLAS
 Chapter IV – Radiocommunications
 Chapter V - Safety of navigation
 Chapter VI - Carriage of Cargoes
 Chapter VII - Carriage of dangerous goods
• Part A - Carriage of dangerous goods in
packaged form
• Part A
A--1 - Carriage of dangerous goods in solid
form in bulk
• Part B covers Construction and equipment of
ships carrying dangerous liquid chemicals in
bulk 16
8
SOLAS
• Part C covers Construction and equipment of
ships carrying liquefied gases in bulk
• Part D includes special requirements for the
carriage of packaged irradiated nuclear fuel,
plutonium and high-
high-level radioactive wastes
 Chapter VIII - Nuclear ships
 Chapter IX - Management for the Safe
Operation of Ships
 Chapter X - Safety measures for high-
high-
speed craft
17
SOLAS
 Chapter XI-
XI-1 - Special measures to
enhance maritime safety
 Chapter XI-
XI-2 - Special measures to
enhance maritime security
 Chapter XII - Additional safety measures
for bulk carriers
 Chapter XIII - Verification of compliance
 Chapter XIV - Safety measures for ships
operating in polar waters
18
9
ILO
Intnl Labour Organisation
 Raise world labour standards
 Code of intnl law & practice
 Policies and programmes to improve
working & living conditions, enhance
employment oppor & promote basic
human rights
 When adopted, ILO standards, serve as

guidelines for individual countries
19
ILO
Maritime Conventions
 Main is ILO 147 – Merchant Shipping
Minimum Standards Convention
 Requires ratifying states to have

regulations for their registered ships
relating to
• Safety Standards, work hours, social security,

living arrangements, employment conditions if
not in CBA
20
10
ILO
Maritime Conventions
 Min age / Articles of Agreement / repat of
seamen / shipowners liab – sick & injured
seamen / Food & Catering / Medical exam /
Accom of crew/ Seafarers ID / Prev of Accidents /
Welfare at sea and in port /
 Hrs of work (max 14hrs in any 24 hr & 72 hrs in

any 7 day period)
 Hrs of rest ( min 10 hrs in any 24 hr period & 77
hrs in any 7 day period
21
IMO & ILO Conventions

- Enforcement
 By Contracting Govts
• for their own flagged ships
 By PSC
• For ships flying other flags when they are in
ports and waters under their jurisdiction
22
11
Other Treaties
- WHO
 International Health Regulations 1969
• Detect, reduce or eliminate infection sources
• Improve sanitation in/around ports & airports
 Health documents
• Individuals – yellow fever (earlier
cholera/small pox) …….. COVID 19 ??
• Ships – Deratting / Deratting Exemption
certificate
23
Other Treaties - ITU

 ITU – International Telecommunication
Union
• Standards and regulations for telecom ops of
all kinds
• Allocates RF spectrum, registers RF
assignments btwn Radio stns of diff countries
• Makes intnl agreements on radiocomm matters
• Publishes books and docs used by ship’s radio
operators
 ITU Manual for use by Mar Mobile / List of Coast stns
/ List of Ship Stns / List of Radiodetermination & spec
services / List of call signs & numerical identities
24
12
Briefly we looked at ….
 What are the sources of International Maritime
Law ?
 What does UNCLOS address ?
 Which are the main maritime Treaty making
bodies?
 What is IMO and which are its main bodies?
 IMO instruments come in the form of ……?
 Which are the categories of IMO Instruments ?
 Name some important legislation in these
categories.
25
Briefly we looked at ….
 SOLAS chapters ??
• And Codes associated with these chapters.
 What is the function of ILO?
 Name some ILO conventions.
 Who enforces IMO & ILO Conventions?
 Apart from IMO & ILO, which are the other
Treaty provisions affecting shipping and
by whom?
26
13
Questions ???
Thank you …..!!!!
27
14

01 CAP - Intro - Legal Env of Ship Operation

Uploaded by

Copyright:

Available Formats

01 CAP - Intro - Legal Env of Ship Operation

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

01 CAP - Intro - Legal Env of Ship Operation

Uploaded by

Copyright:

Available Formats

ENVIRONMENT

 And as a Master / Sr Officer, we are

 So let us look at this UMBRELLA first and

 International Maritime Law

Intnl Maritime Law - Sources

Law of the Sea - UNCLOS

• Conventions (SOLAS, LL, COLREG etc)

• Maritime Safety Instruments

 INTERVENTION 69 (on High seas)

 Prevention of Marine Poll by Dumping of

 AFS 2001 (Harmful Anti fouling)

 BWM 2004 (Blst

 FUND 92 (Fund for comp – oil poll damage

 NUCLEAR 71 (Civil liab – Nucl Fuel)

 PAL 74 (Passengers & Luggage)

 LLMC 76 (Limit of Liab – Mar claims)

 HNS 96 (2010 Prot

IMO – Various Codes

 Chapter I - General Provisions

 When adopted, ILO standards, serve as

 Requires ratifying states to have

• Safety Standards, work hours, social security,

 Hrs of work (max 14hrs in any 24 hr & 72 hrs in

IMO & ILO Conventions

Other Treaties - ITU

You might also like