Professional Documents
Culture Documents
Submitted By: Frenzie Mae Rivera Rey Enrique Bulaon Daniel Rivera
OBJECTIVES
Discuss the historical development of ships Give the legal definitions of a ship in relation to registration, carriage, pollution and maritime conventions Understand if a floating structure is a ship and explain the common legal ways of acquiring a ship Understand the meaning and purpose of ship registration and her nationality Define the flag state jurisdiction and control Know the diplomatic protection that can be accorded to a ship and its crew; and Know the concepts of the flag of convenience, small register and second registry
Romans introduced the idea of decking partly their ships so that passengers and crew will have shelters when they board the ship
This is one of the earliest surviving examples of modern ship construction, found in Bodrum Underwater Archaeology Museum in Turkey. The hundreds of wooden fragments resemble about 20% of this Mediterranean trading ships hull.
Chinese Junk This is a Chinese fishing boat and is also called a junk. Junks have covered decks, characteristic *lugsails, and long rudders, but no keel. Their compartmentalized hulls increase stability on the open ocean. *four-sided sail: an irregularly shaped four-sided sail fixed to a beam that crosses the mast at an angle Viking Longships This is an example of a *lapstrake construction. In *Viking ships of the 9th century and later, external planks were overlapped and lashed to the ship's frame, producing a strong, flexible hull. The ship carried 16-30 oarsmen on each side and had large square sails. Warriors and supplies were carried in support of the conquest for power and supremacy. *clinker-built boat: a boat built with overlapping planks *Nordic peoplesDanes, Swedes, and Norwegians Caravels Fishing vessels called caravels first appeared in Spain and Portugal in the 13th century. These small, seaworthy sailing ships proved so agile and reliable that almost every European seafaring nation had adopted them by the end of the 15th century. Caravels carried cargo of all kinds throughout the
Mediterranean, Atlantic, and Indian oceans and became a favourite of Portuguese and Spanish explorers. Caravels were carvel-builtthat is, constructed frame-first and covered with planks fitted flush to one another. They carried three or even four masts with lateen sails. The ships sailed into the wind well, were fast, and had a shallow draft that made them suitable for coastal as well as ocean travel. Caravels averaged a manageable 23 m (75 ft) in length and could be rowed if necessary. Galleon The 15th-century exploits of the great explorers earned riches and power for the seafaring nations of Europe. Spain devoted much of its new wealth to building a corps of battleships to accompany and protect merchant ships, laden with treasures collected in the Americas, against piracy. Toward this end, Spanish shipwrights developed the galleon, a modified, enlarged version of the carrack that became the premier ocean-going ship of the 16th and 17th centuries. Although developed as a warship, the galleon proved to be a fast and able sailor with a large cargo capacity. Most European nations adopted them to carry the treasures of Asia and the Americas back to Europe. This Galleon, The Mayflower, had 3 masts and 2 decks. Clipper Ship Clipper, name applied to a ship to indicate that it is a very fast sailer. The term, probably derived from the verb clip (to move quickly), was first used in the United States soon after the War of 1812 and was applied to the type of vessel formerly described as Virginia built or of pilot boat construction. After the 1830s the term clipper was adopted to mean any fast ship. A sharp, curved bow and an extremely large sail area made the clipper ship both swift and beautiful. Clipper ships enjoyed brief popularity in the middle of the 19th century, but were soon phased out of commercial trade by steamboats. Steamship Savannah In 1819 Savannah became the first steamship to cross the Atlantic Ocean. The ship, which measured 33 m (109 ft), made the crossing from Savannah, Georgia, to Liverpool, England, in 21 days. Records show that the ship was under steam power for only eight hours of the trip, however, probably because Savannahs bulky and unreliable steam equipment required more coal than the ship could carry.
What is a Ship?
According to IMO, there is no universal definition of a ship.
1. For Liability in Oil Pollution Any seagoing vessel and seaborne craft of any type whatsoever constructed or adopted for the carriage of oil in bulk as cargo, provided that a ship is capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage, unless it is proven that it has no residue of such carriage of oil in bulk abroad. Civil Liability Code 1984,Art.1 2. Maritime Labor Convention Any vessel mechanically propelled and registered in a territory for which the convention is in force; it is engaged in the transport of cargo or passengers for the purpose of trade or engaged in a voyage at sea. - IMO CML, 1993 3. For the Purpose of Ships Registration Any self-propelled seagoing vessel used in international seaborne trade for the transport of goods, passengers, or both with the exception of vessels less than 500 gross registered tons. UNCCRS, 1986, Art. 2 4. In Carriage of Goods Under a Bill of Lading Vessel used for carriage of goods by sea International law association (1924) through the International Convention for Unification of Certain Rules of Law Relating to Bills Lading (Hague-Visby Rules) 5. In Salvage Convention Any ship or craft or any structure capable of navigation 1989 International Convention on Salvage, Art.1-b Floating vessel, which is self-propelled and capable of carrying cargo or passenger Brodie (1994)
Acquisition of a Ship
It is not easy. It needs skills and knowledge in commercial and purchase and sale. The most common ways of acquiring a ship are through shipbuilding contract or through the sale and purchase method.
Nationality of a Ship
The ship is like an individual who needs to belong to a nation. The concept of nationality of a ship is similar to the concept of nationality of an individual or a person and his status in the independent political community. An individual has to follow the rules and laws that are set by the state. The concept of nationality of a ship is always associated with registration and Flag state. The ship has to be registered or listed in a country under certain laws and conditions of the state. Once these laws and conditions are fully complied with, a nationality is granted to a ship including the right to fly the flag of the state that granted her a nationality.
established by the state of registration in accordance with its legislation. It exercises control, supervision and regulation of its ship.
Registration of a Ship
Why is there a need to register a ship? Registration of a ship can be defined as the act of fulfilling the states conditions for the grant of nationality to a ship. It is an official acknowledgement that a ship was able to comply with all the requirements set by the state to be accorded a nationality. A shipowner who fails to register his ship cannot escape from duties, fines, forfeitures, payment of dues and punishment for offenses committed onboard that may be imposed by the country that discovers this kind of illegality. GENEVA CONVENTION provides the forms of certificates and conditions for registration of ships and grant or nationality should be determined by the government of each country, which ratified the Geneva Convention. PURPOSES OF REGISTRATION It is a documentary evidence of ownership in the register that can be presented to other authorities and parties needing it. It provides accurate record of measurement and tonnage of the ship. It establishes the ships nationality and serves as a document of nationality that can be presented to any government authority requesting for it. It gives the ship the rights, privileges and protections accorded to a registered vessel. It renders limitation and control of ownership of ship under a flag. Records of registry make it easy to facilitate transactions concerning purchase, sale and mortgagees of ships. Registration gives income to countries where ships are registered.
Small countries consider large ship registration as a kind of prestige and giv e them some strategic importance. DUTIES AND RESPONSIBILITIES OF A STATE OF REGISTRATION To enter into its register of ships information about the ship and its owner or owners To enter information about the ships operator when the operator is not the own er of the ship To ascertain that a ship flying its flag carries documentation including information about the identity of the owner(s), the operator(s), or the person(s) accountable for its operation.
Certificate of Registry/Nationality
Certificate of Ownership
A certificate of registration should be issued by the state by the State to the ship as evidence of registration. However, it is obtained only after the ship has already secured an Identity Certificate. The administration of the state issues the Certificat e of Ownership after permanent registration of the ship. The registration grants the ship her nationality and such nationality is that of the States which granted the ship its registration. PURPOSES OF THE CERTIFICATE OF REGISTRY SENT TO THE OWNER UPON REGISTRATION For lawful navigation of the ship For identification of the shipowner As a prima facie (legally sufficient) evidence that the ship can claim the privileges under the States registry in which the ship is registered As a prima facie evidence that the ship can be subject to any resulting obligation arising from its registration The Certificate of Nationality/Registry is normally valid until the ship is scrapped or until there is a change of ship ownership or nationality. For ships chartered or leased from a foreign land, the validity of registration is good only for the duration of the charter contract. Thereafter, the ship is deleted from the registry under any of the following circumstances: When the charter or lease of the ship expires or terminated upon mutual agreement of the parties to the charter When the administration revokes approval of the charter/lease for cause and due process When the Certificate of Registration expires and is not renewed anymore When the ship suffers actual constructive loss. The Certificate of Registry is surrendered in case the ship is constructively lost or is sold to a foreign person or entity or the ship has been captured. It must be kept onboard at all times, but cannot be used as security or guaranty to support a lien or claim.
Ship Register
Registration of a ship can be defined as the act of fulfilling the states conditions for the grant of nationality to a ship. What is a Register? It refers to the official list of the ships wherein other important information regarding the ships and their owners or operators are recorded and kept by a competent state authority. Registers for Small Ships A separate registry system in a country for small ships that are obliged by a state to be registered but not within the requirements of the bigger ships. Small fishing boats Yachts Motorized bancas
Flag of Convenience
Some countries have the practice of accepting registration of foreign vessels in states registry because it provides INCOME. SHIPOWNER ADVANTAGES: Lower taxes offered from ships income Low registration fees Freedom to hire foreign crew Master and officers accept low salaries that reduces the costs of manning the ship Has less rigid requirements for the safety equipment to be placed on board Surveying requirements are not to strict
FLAG OF CONVENIENCE (FOC) Registration of a ship in a country whose tax in the profits of trading ships is usually low or whose requirements concerning manning or maintenance are not stringent Brodie 1994 NOT ALL STATES THAT ARE OFFERING REGISTRATION FOC HAVE CHEAPER AND LESS RIGID REQUIREMENTS. CHEAP FLAG / FLAG OF NECESSITY Flags that ships registered in FOC are entitled to fly as offered by the states offering FOC registration. Flag of convenience states are accountable and responsible for any untoward events that may follow if substandard requirements have been prescribed by the FOC state and complied with by the ship. UNCCRS, 1986, Art 1
Closely similar to open registry wherein registration of international vessels that have not been registered with the states register before is allowed. In behalf of the state that issued the second registry, the classification societies will issue to shipowners their needed certification. PROVISIONS IN A SECOND REGISTRY Conditions for registration have to follow the countrys capitalization requirements, wh ich requires 60% ownership from a domicile Limitations of a second register: Trading area of the ship Manning of the ship Terms of employment Registered ships are allowed to hire foreign labor to fill positions of crew/officers except for the position of the Master. The country is strict on the personnels compliance with competence and safety requirements ONLY THE TRUE OWNER OF THE SHIP IS REQUIRED TO REGISTER HIS SHIP.
TERRITORIAL SEAS The seas within the maritime territory of a State Such passage should be continuous and expeditious. A ship could only drop anchor when it is incidental to normal navigation or when there are incidents of force majeure
WHEN IS A PASSAGE INNOCENT? A passage is innocent if it is not prejudicial to the peace, good order or security of the coastal state. Art. 19-1 PREJUDICIAL PASSAGE When there is any threat of use of force against the sovereignty, territorial integrity or political independence of the coastal state, or if in any manner the ship violated the principles of international law. When the ship practiced weapons of any kind. When there is any act committed as regards collection of information that would prejudice the defense or security of the coastal state. When there is any act of propaganda that affected the defense or security of the coastal state. When there has been launching, landing or taking onboard of any aircraft. When there has been launching, landing, or taking onboard any military device. When there has been loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal states. When there has been an act of willfull and serious pollution contrary to the pertinent provisions on pollutions of the UNCLOS. When any fishing activity has been undertaken. When the vessel has carried out research or survey activities. When there has been an act aimed at interfering with any system of communication or any other facility or installation of the coastal states. When the vessel conducts any other activity not having a direct bearing on passage.
End of Chapter 2 -