Maritime Law

Difference Public and Private Law

 Public law - part of the law that deals with the constitution and
functions of the organs of central and local government, the
relationship between individuals and the state, and relationships
between individuals that are of direct concern to the state. It includes
constitutional law, administrative law, tax law, and criminal law

 Private law - is concerned with the relationship between

individuals with one another or private relationship between
citizens and companies that are not of public importance. ...
Law of Torts, Law of Contract, Private and Intellectual Property Rights
are the subject matters of Private Law.
Local, National and International
law
 LOCAL LAW= Laws that are enacted and
implemented within a certain part of a territory Ex.
Municipal ordinance, city ordinance

 NATIONAL/FEDERAL LAW – Are laws that are

inplemented within a State/territory ex. Constitution/

 INTERNATIONAL LAW- are laws enacted, created thru

international agreements
Sources of Maritime law

 International Maritime Organization

 Maritime Convention, Codes, Protocols
 International Labour Organization
 Maritime Labour Convention
 United Nation
 United Nation Convention on Law of the
Sea
International Maritime Organization (IMO)
History
1948 United Nation convene in Geneva and
adopted a convention formally establishing IMO

 entered into force in 1958

 theoriginal name was the Inter-Governmental

Maritime Consultative Organization, or IMCO,
but the name was changed in 1982 to IMO
 IMO Mission
 "to promote safe, secure, environmentally sound,
efficient and sustainable shipping through
cooperation. This will be accomplished by
adopting the highest practicable standards of
maritime safety and security, efficiency of
navigation and prevention and control of pollution
from ships, as well as through consideration of the
related legal matters and effective implementation
of IMO’s instruments with a view to their universal
and uniform application."
The purposes stated by Article 1(a) of the Convention, are:

1. to provide machinery for cooperation among

Governments in the field of governmental regulation and
practices relating to technical matters of all kinds affecting
shipping engaged in international trade;
2. to encourage and facilitate the general adoption of the
highest practicable standards in matters concerning
maritime safety, efficiency of navigation and prevention and
control of marine pollution from ships".

 Empowered to deal with administrative and legal matters

related to these purposes.
 Structure of IMO
 Headquarter in London England

 General Assembly - 175 members States, meets every2

years

 Council- 40 members States with 2 years term elected by

the Assembly
 Category (a) 10 States with the largest interest in
providing international shipping services:
China, Greece, Italy, Japan, Norway, Panama, Republic of
Korea, Russian Federation, United Kingdom, United States.
Council members

Category (b) 10 States with the

largest interest in international
seaborne trade:
Argentina, Australia, Brazil, Canada,
France, Germany, India, the
Netherlands, Spain and the United
Arab Emirates.
Council members

 Category (c) 20 States not elected under (a) or (b)

above, which have special interests in maritime
transport or navigation and whose election to the
Council will ensure the representation of all major
geographic areas of the world:
 Bahamas, Belgium, Chile, Cyprus, Denmark,
Egypt, Indonesia, Jamaica, Kenya, Kuwait,
Malaysia, Malta, Mexico, Morocco, Peru, the
Philippines, Singapore, South Africa, Thailand and
Turkey.
Structure

 Secretariat-Selected among the members States

 Mr Kitack LIM from Republic of Korea

 5 Committees- Draft and revise regulation in the convention

 Maritime Safety – Main Committee
 Maritime Environmental Protection - Main Committee
 Facilitation – Assist in the implementation of convention
 Legal- Legal Matters
 Technical Cooperation –support and cooperation amongst
members
Sub - Committee

 Sub-Committee on Human Element, Training and

Watchkeeping (HTW);
 Sub-Committee on Implementation of IMO Instruments (III);
 Sub-Committee on Navigation, Communications and Search
and Rescue (NCSR);
 Sub-Committee on Pollution Prevention and Response (PPR);
 Sub-Committee on Ship Design and Construction (SDC);
 Sub-Committee on Ship Systems and Equipment (SSE); and
 Sub-Committee on Carriage of Cargoes and Containers (CCC).
How are Convention, codes and
protocol being implemented
 Tacit Acceptance means “accepted unless objected”. It is opposite
of earlier process of “rejected unless accepted”. Under tacit
acceptance, a resolution is accepted on an agreed time interval from
adoption unless it is objected by a number of contracting
governments.
 Explicit – accepted and implemented when the requirement of the
convention is meet.
UNITED NATION CONVENTION on
LAW of the SEA
 The United Nations Convention on the Law of the Sea (UNCLOS), also called
the Law of the Sea Convention or the Law of the Sea Treaty, is an
international agreement that establishes a legal framework for all marine and maritime
activities. As of June 2016, 167 countries and the European Union are parties.
 The Convention resulted from the third United Nations Conference on the Law of the
Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the
four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in
1994, a year after Guyana became the 60th nation to ratify the treaty.[1] It is uncertain
as to what extent the Convention codifies customary international law.
 While the Secretary-General of the United Nations receives instruments of ratification
and accession and the UN provides support for meetings of states party to the
Convention, the United Nations Secretariat has no direct operational role in the
implementation of the Convention. A UN specialized agency, the
International Maritime Organization, does play a role, however, as well as other bodies
such as the International Whaling Commission and the International Seabed Authority
(ISA), which was established by the Convention itself.
UNCLOS
IMO Milestone
 1960
- First task was to adopt the International
Convention for the Safety of Life at Sea (SOLAS),

 Thefacilitation of international maritime traffic,

load lines and the carriage of dangerous goods,
while the system of measuring the tonnage of
ships was revised.
International Maritime Organization (IMO)
History
1967 - Torrey Canyon disaster, in which 120,000
tons of oil was spilled

 IMO introduced a series of measures designed to

prevent tanker accidents and to minimize their
consequences. It also tackled the environmental
threat caused by routine operations such as the
cleaning of oil cargo tanks and the disposal of
engine room wastes - in tonnage terms a bigger
menace than accidental pollution.
International Maritime Organization (IMO)
History
 International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto (MARPOL
73/78).

 It
covers not only accidental and operational oil
pollution but also pollution by chemicals, goods in
packaged form, sewage, garbage and air
pollution.
International Maritime Organization (IMO)
History
 IMO task to establish a system for providing
compensation to those who had suffered financially
as a result of pollution.

 1969 and 1971, which enabled victims of oil pollution

to obtain compensation much more simply and
quickly

 Treaties were amended in 1992, and 2000 to increase

the limits of compensation payable to victims of
pollution.
International Maritime Organization (IMO)
History
 1970s global search and rescue system was initiated, with
the establishment of the International Mobile Satellite
Organization (IMSO) - greatly improved the provision of
radio and other messages to ships.

 1988
- Global Maritime Distress and Safety System
(GMDSS) was adopted

 February 1999, the GMDSS became fully operational -

distress anywhere in the world can be virtually guaranteed
assistance, the message will be transmitted automatically
International Maritime Organization (IMO)
History
1 July 1998 - International Safety Management
Code entered into force - to passenger ships, oil
and chemical tankers, bulk carriers, gas carriers
and cargo high speed craft of 500 gross tonnage
and above

1 July 2002 - other cargo ships and mobile

offshore drilling units of 500 gross tonnage and
above
International Maritime Organization (IMO)
History
 1 February 1997, the 1995 amendments to the
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978
entered into force.

 IMO powers to check Government actions with Parties

required to submit information to IMO regarding their
compliance with the Convention.

 STCW Convention and Code was completed in 2010 with

the adoption of the "Manila amendments to the STCW
Convention and Code".
International Maritime Organization (IMO)
History
The IMO Member State Audit Scheme, which
became mandatory under a number of key IMO
instruments on 1 January 2016, - implementation
by providing an audited Member State with a
comprehensive and objective assessment of how
effectively it administers and implements those
mandatory IMO instruments
Four Pillars of IMO
 STCW
 SOLAS
 MARPOL
 MLC 2006
Four Pillars of IMO
 InternationalConvention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978
was adopted on 7 July 1978 and entered into force
on 28 April 1984.
 Topromote safety of life and property at sea and
the protection of the marine environment by
establishing in common agreement international
standards of training, certification and
watchkeeping for seafarers.
 Revisions
to the conventions occurred in 1984,
1995, 1997, and 2010.
Four Pillars of IMO
 STCW Code – is the section contains mandatory
provisions to which specific reference is made in the
annex to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers,
1978, as amended (STCW Convention).
 Itgive detail in the minimum standards required to be
maintained by Parties in order to give full and complete
effect to the Convention.
 The standards of competence required to be
demonstrated by candidates for the issue and
revalidation of certificates of competency under the
provisions of the STCW Convention.
Four Pillars of IMO
 STCW Code – The 1995 STCW Conference
adopted the Seafarers’ Training, Certification and
Watchkeeping (STCW) Code.

 STCW Convention - International Convention on

Standards of Training, Certification and
Watchkeeping for Seafarers, 1978.
Four Pillars of IMO
 The STCW Code contains:
 Part A, mandatory provisions to which specific reference
is made in the annex to the STCW Convention and which
give, in detail, the minimum standards required to be
maintained by Parties in order to give full and complete
effect to the provisions of the STCW Convention;
 PartB, recommended guidance to assist Parties to the
STCW Convention and those involved in implementing,
applying or enforcing its measures to give the STCW
Convention full and complete effect in a uniform manner.
Four Pillars of IMO
 International
Convention for the Safety of Life at
Sea (SOLAS), 1974

 SOLAS Convention concerning the safety of

merchant ships. The first version was adopted in
1914, in response to the Titanic disaster, the
second in 1929, the third in 1948, and the fourth in
1960.
Four Pillars of IMO
 SOLAS Convention main objective - to specify
minimum standards for the construction, equipment
and operation of ships, compatible with their safety.

 Flag
States are responsible for ensuring that ships
under their flag comply with its requirements, and a
number of certificates are prescribed in the
Convention.
Four Pillars of IMO
 Contracting Governments to inspect ships of other
Contracting States if there are clear grounds for
believing that the ship and its equipment do not
substantially comply with the requirements of the
Convention - this procedure is known as port State
control.

 SOLAS Convention includes Articles setting out

general obligations, amendment procedure and
Annex divided into 14 Chapters.
Four Pillars of IMO
 International Convention for the Prevention of
Pollution from Ships (MARPOL) - main
international convention covering prevention of
pollution of the marine environment by ships from
operational or accidental causes.

 The MARPOL Convention was adopted on 2

November 1973 - the Protocol of 1978 was
adopted in response to a spate of tanker accidents
in 1976-1977.
Four Pillars of IMO
 TheConvention includes regulations aimed at
preventing and minimizing pollution from ships -
both accidental pollution and that from routine
operations - and currently includes six technical
Annexes. Special Areas with strict controls on
operational discharges.
Four Pillars of IMO
 The Maritime Labour Convention 2006 (MLC), - known
as the Seafarers Bill of Rights - sets out the Minimum
Rights for the Seafarer

 Aninternational agreement that revised and replaced

most of the existing International Labour Organization
(ILO) maritime labor instruments and recommendations
adopted since 1920.

 Consolidatesand updates more than 68 international

labor standards related to the maritime sector
Reasons why safety is important?
 1. Eliminate or reduce Injury
 2. Eliminate or reduce death
 3. Corporate financial loss
 4. Property damage
 5. Worker productivity increases
 6. Service or Quality of the product improves
 7. Corporate reputation / public relations improves
What is SOLAS?
 The International Convention for the Safety of Life
at Sea (SOLAS) is an important international treaty
concerning the safety of merchant ships. It ensures
that ships registered by signatory States comply
with minimum safety standards in construction,
equipment and operation of ships.
SOLAS Protocol 1978 and SOLAS Protocol 1988

 SOLAS Protocol 1978 covers the important amendments

pertaining to tanker safety and pollution prevention particularly
the requirement and acceptable exemption for inert gas systems
and the requirement for radar and steering gear control systems.

 SOLAS Protocol 1988 covers the changes to SOLAS Chapter V,

such as the details of the navigational systems and equipment
referred to in the records of equipment attached to the certificates
and also introduces a new Harmonized System of Survey and
Certification (HSSC) to harmonize two (2) Conventions, namely:
the International Convention on Load Lines and the International
Convention for the Prevention of Pollution from Ships, 1973 as
modified by the Protocol of 1978 (MARPOL 73/78).
Maritime Security and Piracy
 The IMO has within its mandate to make trade and
travel by sea as safe and secure as possible. To
manage and mitigate any threats with the potential
to compromise maritime security the Organization
develops suitable regulations and guidance
through the Maritime Safety Committee (MSC) and
with input from the Organization's Facilitation
Committee (FAL) and Legal Committee (LEG).
International Ship and Port Facility Security (ISPS) Code

 SOLAS 1974, as amended, includes provisions

adopted to address maritime security matters.

 SOLAS's chapter XI-2 on Special Measures to

enhance maritime security is the International Ship
and Port Facility Security (ISPS) Code, which is a
mandatory instrument for all countries Party to the
Convention.
International Ship and Port Facility Security (ISPS) Code

 The aim of the ISPS Code is to ensure that the

applicable ocean going ships and port facilities of
IMO Member States are implementing the highest
possible standards of security.
 Divided into two sections:
 1. Part A mandatory – is the detailed security-
related requirements for Governments, port
authorities and shipping companies
 2.Part B non-mandatory - is a series of guidelines
on how to meet those requirements
Conventions relating to maritime
safety and security and ship/port
interface
Convention on the International Regulations for
Preventing Collisions at Sea (COLREG), 1972
 COLREGs 1972 was the recognition given to traffic
separation schemes - Rule 10 gives guidance in
determining safe speed, the risk of collision and the
conduct of vessels operating in or near traffic
separation schemes.
 Itinclude 41 rules divided into six sections: Part A -
General; Part B - Steering and Sailing; Part C -
Lights and Shapes; Part D - Sound and Light signals;
Part E - Exemptions; and Part F - Verification of
compliance with the provisions of the Convention.
Convention on the International Regulations for
Preventing Collisions at Sea (COLREG), 1972
 Four Annexes containing technical requirements
concerning lights and shapes and their positioning;
sound signaling appliances; additional signals for
fishing vessels when operating in close proximity,
and international distress signals.

 Adoption: 20 October 1972; Entry into force: 15

July 1977
Convention on Facilitation of International
Maritime Traffic (FAL), 1965
 Adoption: 9 April 1965; Entry into force: 5 March
1967

 Main objectives are to prevent unnecessary delays

in maritime traffic, to aid co-operation between
Governments, and to secure the highest
practicable degree of uniformity in formalities and
other procedures.
International Convention on Load Lines(LL), 1966

 Adoption: 5 April 1966; Entry into force: 21 July

1968

 The main objective is the limitations on the draught

to which a ship may be loaded make a significant
contribution to her safety. These limits are given in
the form of freeboards, which constitute, besides
external weathertight and watertight integrity.
International Convention on Load Lines(LL), 1966

 Theregulations take into account the potential

hazards present in different zones and different
seasons.

 The technical annex contains several additional

safety measures concerning doors, freeing ports,
hatchways and other items. The main purpose of
these measures is to ensure the watertight integrity
of ships' hulls below the freeboard deck.
International Convention on Maritime Search
and Rescue(SAR), 1979
 Adoption: 27 April 1979; Entry into force: 22 June
1985

 The1979 Convention, adopted at a Conference in

Hamburg, was aimed at developing an international
SAR plan, so that, no matter where an accident
occurs, the rescue of persons in distress at sea will
be coordinated by a SAR organization and, when
necessary, by co-operation between neighboring
SAR organizations.
Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation(SUA),
1988, and Protocol for the Suppression of Unlawful
Acts Against the Safety of Fixed Platforms located
on the Continental Shelf (and the 2005 Protocols)
 Adopted 10 March 1988; Entry into force 1 March 1992;
2005 Protocols: Adopted 14 October 2005; Entry into force
28 July 2010

 Itis concern about unlawful acts which threaten the safety

of ships and the security of their passengers and crews,
with reports of crews being kidnapped, ships being hi-
jacked, deliberately run aground or blown up by explosives.
International Convention for Safe Containers
(CSC), 1972
 Adoption:
2 December 1972; Entry into force: 6
September 1977

 In the 1960s, there was a rapid increase in the use

of freight containers for the consignment of goods
by sea and the development of specialized
container ships. In 1967, IMO undertook to study
the safety of containerization in marine transport.
International Convention for Safe Containers
(CSC), 1972
 Safe Containers has two goals.

 1. Maintain a high level of safety of human life in the transport

and handling of containers by providing generally acceptable
test procedures and related strength requirements.

 2. To facilitate the international transport of containers by

providing uniform international safety regulations, equally
applicable to all modes of surface transport. In this way,
proliferation of divergent national safety regulations can be
avoided.
Convention on the International Maritime
Satellite Organization (IMSO C), 1976
 Adoption: 3 September 1976; Entry into force: 16 July 1979

 Toestablish and oversee satellite communications for

shipping.

 IMSO has been established as the inter-governmental

body that oversees the provision of certain satellite-based
maritime distress communication services, specifically
those used in the Global Maritime Distress and Safety
System (GMDSS).
The Torremolinos International Convention for the Safety of Fishing Vessels (SFV),
1977, superseded by the The 1993 Torremolinos Protocol; Cape Town Agreement
of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to
the Torremolinos International Convention for the Safety of Fishing Vessels

 Adoption: 2 April 1977; superseded by the 1993

Torremolinos Protocol; Cape Town Agreement of 2012
on the Implementation of the Provisions of the 1993
Protocol relating to the Torremolinos International
Convention for the Safety of Fishing Vessels
The Torremolinos International Convention for the Safety
of Fishing Vessels (SFV), 1977, superseded by the The
1993 Torremolinos Protocol; Cape Town Agreement of
2012 on the Implementation of the Provisions of the
1993 Protocol relating to the Torremolinos International
Convention for the Safety of Fishing Vessels
 The convention recognizing the great differences in
design and operation between these vessels and other
types of ships. While other vessels load cargo in port,
fishing vessels sail empty and load their cargo at sea.
The Convention included safety requirements for the
construction and equipment of new, decked, seagoing
fishing vessels of 24 meters in length and over, including
those vessels also processing their catch.
International Convention on Standards of Training,
Certification and Watchkeeping for Fishing Vessel
Personnel (STCW-F), 1995
 Adoption:
7 July 1995; Entry into force: 29
September 2012

 TheConvention applies to crews of seagoing fishing

vessels generally of 24 metres in length and above.

 TheSTCW-F Convention consists of 15 Articles and

an annex containing technical regulations.
Special Trade Passenger Ships Agreement (STP),
1971 and Protocol on Space Requirements for
Special Trade Passenger Ships, 1973
 Adoption: 6 October 1971. Entry into force: 2 January
1974

 The carriage of large numbers of unberthed passengers

in special trades such as the pilgrim trade in a restricted
sea area around the Indian Ocean is of particular interest
to countries in that area. It was regulated by the Simla
Rules of 1931, which became outdated following the
adoption of the 1948 and 1960 SOLAS Conventions.
Special Trade Passenger Ships Agreement (STP),
1971 and Protocol on Space Requirements for
Special Trade Passenger Ships, 1973
 Adoption: 6 October 1971. Entry into force: 2 January
1974

 The carriage of large numbers of unberthed passengers

in special trades such as the pilgrim trade in a restricted
sea area around the Indian Ocean is of particular interest
to countries in that area. It was regulated by the Simla
Rules of 1931, which became outdated following the
adoption of the 1948 and 1960 SOLAS Conventions.
Conventions relating to prevention
of marine pollution
International Convention Relating to
Intervention on the High Seas in Cases of Oil
Pollution Casualties (INTERVENTION), 1969
 Adoption: 29 November 1969; Entry into force: 6
May 1975

 Affirmsthe right of a coastal State to take such

measures on the high seas as may be necessary to
prevent, mitigate or eliminate danger to its coastline
or related interests from pollution by oil or the threat
thereof, following upon a maritime casualty.
Convention on the Prevention of Marine Pollution
by Dumping of Wastes and Other Matter(LC),
1972 (and the 1996 London Protocol)
 Adoption:13 November 1972; Entry into force: 30
August 1975; 1996 Protocol: Adoption: 7 November
1996; Entry into force: 24 March 2006

 TheInter-Governmental Conference on the

Convention on the Dumping of Wastes at Sea, which
met in London in November 1972 at the invitation of
the United Kingdom, adopted this instrument,
generally known as the London Convention.
Convention on the Prevention of Marine Pollution
by Dumping of Wastes and Other Matter(LC),
1972 (and the 1996 London Protocol)

 Forthe protection of the marine environment from

human activities, came into force on 30 August 1975.
Since 1977, it has been administered by IMO.
International Convention on Oil Pollution
Preparedness, Response and Co-
operation(OPRC), 1990
 Adoption: 30 November 1990; Entry into force: 13
May 1995

 InJuly 1989, a conference of leading industrial

nations in Paris called upon IMO to develop further
measures to prevent pollution from ships.
International Convention on Oil Pollution
Preparedness, Response and Co-
operation(OPRC), 1990
 Providing a global framework for international co-
operation in combating major incidents or threats of
marine pollution.

 Partiesrequired to establish measures for dealing

with pollution incidents, either nationally or in co-
operation with other countries.
International Convention on Oil Pollution
Preparedness, Response and Co-
operation(OPRC), 1990
 Ships are required to carry a shipboard oil pollution
emergency plan. Operators of offshore units under
the jurisdiction of Parties are also required to have
oil pollution emergency plans or similar
arrangements which must be coordinated with
national systems for responding promptly and
effectively to oil pollution incidents.
Protocol on Preparedness, Response and Co-
operation to pollution Incidents by Hazardous and
Noxious Substances, 2000 (OPRC-HNS Protocol)
 Adoption: 15 March 2000; Entry into force: 14 June
2007

 Itfollows the principles of the OPRC Convention and

was formally adopted by States already Party to the
OPRC Convention at a Diplomatic Conference held
at IMO headquarters in London in March 2000.
Protocol on Preparedness, Response and Co-
operation to pollution Incidents by Hazardous and
Noxious Substances, 2000 (OPRC-HNS Protocol)
 Parties to the OPRC-HNS Protocol are required to establish
measures for dealing with pollution incidents, either
nationally or in co-operation with other countries. Ships are
required to carry a shipboard pollution emergency plan to
deal specifically with incidents involving hazardous and
noxious substances.
 Itensures that ships carrying hazardous and noxious
substances are covered by preparedness and response
regimes similar to those already in existence for oil incidents.
International Convention on the Control of Harmful
Anti-fouling Systems on Ships (AFS), 2001
 Adoption:
5 October 2001; Entry into force: 17
September 2008
 Itprohibits the use of harmful organotin in anti-fouling
paints used on ships and establishes a mechanism to
prevent the potential future use of other harmful
substances in anti-fouling systems.
 Anti-foulingpaints are used to coat the bottoms of ships
to prevent sea life such as algae and mollusks attaching
themselves to the hull – thereby slowing down the ship
and increasing fuel consumption.
International Convention for the Control and Management
of Ships' Ballast Water and Sediments, 2004

 Adoption:
13 February 2004; Entry into force: 8
September 2017

 Itaims is to prevent the spread of harmful aquatic

organisms from one region to another, by
establishing standards and procedures for the
management and control of ships' ballast water
and sediments.
International Convention for the Control and Management
of Ships' Ballast Water and Sediments, 2004

 Allships in international traffic are required to manage

their ballast water and sediments to a certain standard,
according to a ship-specific ballast water management
plan. All ships will also have to carry a ballast water record
book and an international ballast water management
certificate. The ballast water management standards will
be phased in over a period of time. As an intermediate
solution, ships should exchange ballast water mid-ocean.
However, eventually most ships will need to install an on-
board ballast water treatment system.
The Hong Kong International Convention for the Safe
and Environmentally Sound Recycling of Ships, 2009

 Adoption:15 May 2009; Entry into force: 24

months after ratification by 15 States, representing
40 per cent of world merchant shipping by gross
tonnage, combined maximum annual ship recycling
volume not less than 3 per cent of their combined
tonnage.
The Hong Kong International Convention for the Safe
and Environmentally Sound Recycling of Ships, 2009

 Regulations in the new Convention cover: the design,

construction, operation and preparation of ships so as
to facilitate safe and environmentally sound recycling,
without compromising the safety and operational
efficiency of ships; the operation of ship recycling
facilities in a safe and environmentally sound manner;
and the establishment of an appropriate enforcement
mechanism for ship recycling, incorporating
certification and reporting requirements.
Conventions covering liability and
compensation
International Convention on Civil Liability
for Oil Pollution Damage(CLC), 1969
 Adoption:29 November 1969; Entry into force: 19
June 1975; Being replaced by 1992 Protocol:
Adoption: 27 November 1992; Entry into force: 30
May 1996

 The Civil Liability Convention was adopted to ensure

that adequate compensation is available to persons
who suffer oil pollution damage resulting from
maritime casualties involving oil-carrying ships.
International Convention on Civil Liability
for Oil Pollution Damage(CLC), 1969
 The Convention places the liability for such damage
on the owner of the ship from which the polluting oil
escaped or was discharged.
1992 Protocol to the International Convention on the
Establishment of an International Fund for
Compensation for Oil Pollution Damage (FUND 1992)

 Adoption:18 December 1971; Entry into force: 16

October 1978; superseded by 1992 Protocol:
Adoption: 27 November 1992; Entry into force: 30
May 1996
The purposes of the Fund Convention are:
 Toprovide compensation for pollution damage to the
extent that the protection afforded by the 1969 Civil
Liability Convention is inadequate.
1992 Protocol to the International Convention on the
Establishment of an International Fund for
Compensation for Oil Pollution Damage (FUND 1992)

The purposes of the Fund Convention are:

 To give relief to shipowners in respect of the additional
financial burden imposed on them by the 1969 Civil
Liability Convention, such relief being subject to
conditions designed to ensure compliance with safety
at sea and other conventions.
 To
give effect to the related purposes set out in the
Convention.
Convention relating to Civil Liability in the
Field of Maritime Carriage of Nuclear
Material (NUCLEAR), 1971
 Adoption: 17 December 1971; Entry into force: 15 July
1975
 The purpose of this Convention is to resolve difficulties and
conflicts which arise from the simultaneous application to
nuclear damage of certain maritime conventions dealing
with shipowners' liability, as well as other conventions
which place liability arising from nuclear incidents on the
operators of the nuclear installations from which or to which
the material in question was being transported.
Athens Convention relating to the Carriage of
Passengers and their Luggage by Sea (PAL), 1974
 Adoption: 13 December 1974; Entry into force: 28 April
1987; 2002 Protocol: Adoption: 1 November 2002; Entry
into force: 23 April 2014

 The Convention establishes a regime of liability for

damage suffered by passengers carried on a seagoing
vessel. It declares a carrier liable for damage or loss
suffered by a passenger if the incident causing the
damage occurred in the course of the carriage and was
due to the fault or neglect of the carrier.
Convention on Limitation of Liability for
Maritime Claims(LLMC), 1976
 Adoption:19 November 1976; Entry into force: 1
December 1986; Protocol of 1996: Adoption: 2 May
1996; Entry into force: 13 May 2004

 Under the 1976 Convention, the limit of liability for

claims covered is raised considerably, in some
cases up to 250-300 per cent. Limits are specified
for two types of claims - claims for loss of life or
personal injury, and property claims (such as
damage to other ships, property or harbor works).
Convention on Limitation of Liability for
Maritime Claims(LLMC), 1976
 The limits under the 1976 Convention were set at
333,000 SDR for personal claims for ships not
exceeding 500 tons plus an additional amount
based on tonnage. For other claims, the limit of
liability was fixed under the 1976 Convention at
167,000 SDR plus additional amounts based on
tonnage on ships exceeding 500 tons.
International Convention on Liability and Compensation for
Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea (HNS), 1996 (and its 2010 Protocol)

 Adoption:3 May 1996; Not in force; superseded by 2010

Protocol: Adoption: 30 April 2010; Not yet in force
 HNS Convention has two-tier system for compensation to be
paid in the event of accidents at sea, in this case, involving
hazardous and noxious substances such as chemicals.
However, it goes further in that it covers not only pollution
damage but also the risks of fire and explosion, including loss
of life or personal injury as well as loss of or damage to
property.
International Convention on Liability and
Compensation for Damage in Connection with the
Carriage of Hazardous and Noxious Substances
by Sea (HNS), 1996 (and its 2010 Protocol)
 Tier one will be covered by compulsory insurance taken
out by shipowners, who would be able to limit their liability.
In those cases where the insurance does not cover an
incident, or is insufficient to satisfy the claim, a second tier
of compensation will be paid from a fund, made up of
contributions from the receivers of HNS. Contributions will
be calculated according to the amount of HNS received in
each Party in the preceding calendar year.
International Convention on Civil Liability
for Bunker Oil Pollution Damage, 2001
 Adoption: 23 March 2001; Entry into force: 21 November
2008
 The Convention was adopted to ensure that adequate,
prompt, and effective compensation is available to persons
who suffer damage caused by spills of oil, when carried as
fuel in ships' bunkers.
 The Convention applies to damage caused on the territory,
including the territorial sea, and in exclusive economic
zones of States Parties.
Nairobi International Convention on the
Removal of Wrecks, 2007
 Adoption: 18 May, 2007; Entry into force: 14 April
2015

 It
provides the legal basis for States to remove, or
have removed, shipwrecks that may have the
potential to affect adversely the safety of lives,
goods and property at sea, as well as the marine
environment.
Nairobi International Convention on the
Removal of Wrecks, 2007
 The Convention provides a set of uniform
international rules aimed at ensuring the prompt
and effective removal of wrecks located beyond
the territorial sea.

 The Convention also includes an optional clause

enabling States Parties to apply certain provisions
to their territory, including their territorial sea.
IMO Conventions other subjects
International Convention on Tonnage
Measurement of Ships (TONNAGE), 1969
 Adoption: 23 June 1969; Entry into force: 18 July
1982

 TheConvention provides for gross and net

tonnages, both of which are calculated
independently.
International Convention on Tonnage
Measurement of Ships (TONNAGE), 1969
Gross tonnage and net tonnage
 TheConvention meant a transition from the traditionally
used terms gross register tons (grt) and net register
tons (nrt) to gross tonnage(GT) and net tonnage (NT).

 Gross tonnage forms the basis for manning regulations,

safety rules and registration fees. Both gross and net
tonnages are used to calculate port dues.
International Convention on Salvage
(SALVAGE), 1989
 Adoption: 28 April 1989; Entry into force: 14 July
1996

 The Convention replaced a convention on the law

of salvage adopted in Brussels in 1910 which
incorporated the "'no cure, no pay" principle under
which a salvor is only rewarded for services if the
operation is successful.
National Regulations Related to IMO
Conventions
GUIDANCE ON THE NATIONAL
IMPLEMENTATION
I PROTOCOL PROVISION2 II NATIONAL IMPLEMENTATION
 Article 1 - Definitions of:  In the preparation of legislation and/or
regulations, Contracting Parties
should considered fining the concepts
set out in the Protocol definitions in a
manner consistent with the scope of
 Article 2 - Objectives: the Protocol.
 Contracting Parties shall individually and
collectively protect and preserve the  Contracting Parties may wish to
marine environment from all sources of
consider incorporating language
pollution and take effective measures,
reflecting the Objectives in their
according to their scientific, technical
and economic capabilities, to prevent, legislation to guide their
reduce and where practicable eliminate administrative authorities;
pollution caused by dumping or Contracting Parties should consider
incineration at sea of wastes or other whether further legal, policy or
matter. Where appropriate, they shall administrative measures are
harmonize their policies in this regard. appropriate to achieve the Objectives.
GUIDANCE ON THE NATIONAL
IMPLEMENTATION
I PROTOCOL PROVISION2 II NATIONAL IMPLEMENTATION
 Article 3.1 - General Obligations:  Formulate a policy objective of
 applying a precautionary approach to
In implementing this Protocol,
environmental protection from the
Contracting Parties shall apply a
dumping of wastes or other matter.
precautionary approach to
environmental protection from  Ensure that legislation, regulations,
dumping of wastes or other matter and/or administrative measures
whereby appropriate preventative adopted to implement the Protocol
measures are taken when there is apply this precautionary approach.
reason to believe that wastes or other For example, Annexes 1 and 2 reflect
matter introduced into the marine this precautionary approach.
environment are likely to cause harm
even when there is no conclusive
evidence to prove a causal relation
between inputs and their effects.
GUIDANCE ON THE NATIONAL
IMPLEMENTATION
I PROTOCOL PROVISION2 II NATIONAL IMPLEMENTATION
 Article 3.2:  Promote legal and/or administrative
 measures reflecting the polluter pays
Taking into account the approach that
approach (e.g., pollution prevention
the polluter should, in principle, bear
and management activities, which
the cost of pollution, each Contracting
could include cost-recovery for a
Party shall endeavor to promote
waste prevention audit, sampling,
practices whereby those it has
analysis, supervision, inspection and
authorized to engage in dumping or
monitoring to be borne by the
incineration at sea bear the cost of
applicant of permits).
meeting the pollution prevention and
control requirements for the
authorized activities, having due
regard to the public interest
GUIDANCE ON THE NATIONAL
IMPLEMENTATION
I PROTOCOL PROVISION2 II NATIONAL IMPLEMENTATION
 Article 3.3:  Apply an integrated environmental
 approach which evaluates the
In implementing the provisions of this
potential effects on different
Protocol, Contracting Parties shall act
environmental components through
so as not to transfer, directly or
the application of Annex 2 and a
indirectly, damage or likelihood of
comparative risk assessment of all
damage from one part of the
environmental media such as land,
environment to another or transform
air, water, groundwater, etc. The
one type of pollution into another.
approach can be expressed through
environmental legislation and/or
regulations.
Thank you….
End of Slide
GUIDANCE ON THE NATIONAL
IMPLEMENTATION
I PROTOCOL PROVISION2 II NATIONAL IMPLEMENTATION
 Article 3.3:  Apply an integrated environmental
 In implementing the provisions of this