Introduction To Maritime Law

Introduction to Maritime Law
6/2/2013
Maritime Legislation - OiCNW/OiCEW III
Objective
At the end of the course, participants should be able to: Explain the basis of maritime law and international conventions. Differentiate between areas established by UNCLOS. Apply provisions of SOLAS; ILLC; ISM Code; STCW; ICTM; MARPOL; Port State Control.
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Maritime Legislation
Competence: Ensure compliance with pollution prevention requirements; and monitor compliance with legislative requirements. Aim: To meet the mandatory minimum requirements for knowledge, understanding and proficiency outlined in the STCW 95 Convention.
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International Conventions
The adoption of international conventions and agreements is intended to apply uniform practice internationally; hence doctrine of no more favourable treatment provides a level playing field in the application of international conventions. Conventions are developed from a recognized need resulting from an existing situation or to prevent events from occurring. A recommendation has to be made by a Committee or Sub-committee of IMO. As a result of the deliberations of the committee, draft regulation are prepared and a diplomatic conference is convened to review, discuss, modify and eventually adopt the treaty.
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Introduction
Law is a set of rules which forms or permits the pattern of behaviour considered desirable within a given society. law exists to make people do what they should be doing anyway
(William ONeil, IMO Secretary General, Fairplay, March 1997.
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Classification of Law
International Law: deals mainly with foreign affairs of a State vis--vis other States. Principles, customary practices, treaty customs, rules and contractual arrangements which nations have consented to observe as legally binding in their dealing with each other. (example: law found in the decisions of international courts) International law is primarily based on sovereign consent rather than on enforcement by a higher authority.
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Municipal Law
Municipal law regulates the States internal affairs. Relationship between individuals or relationships between individuals and their Governments. Municipal Law is subdivided into private law and public law.
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Private Law
This is concerned with disputes among private citizens or private organizations, such disputes may arise out of a contract or wrongful act or a business transaction or family disputes over the property ownership. Common areas are: - commercial law - estate law - securities law - labour law
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Public Law
In the most general sense, public law involves relations between private citizens or organizations and government. Protection of the citizen against arbitrary acts of executive or administrative bodies; the validity of legislation and governmental regulation of trade and commerce. Main areas of public law are: - Constitutional law - Administrative law - Taxation law - Criminal law
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Maritime Law
Maritime law also referred to as Admiralty law is the law of the sea. It covers all marine activities on navigable waters of any State and on all international waters. The primary source of maritime law are customary practices which have been accepted as the norm. (freedom on the high seas; right to innocent passage) Maritime law encapsulates parts of international public law, international private law and private and public national law. If maritime law is to have any effect, it has to be enforced. Enforcing powers are effected when the laws are incorporated into national legislation.
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International Conventions
A treaty adopted by a diplomatic conference is expected to have global application, hence theses conferences are open to all IMO member States. Other groups are invited to attend but they do not have a say in the decision making. Each State sends accredited representatives to the diplomatic conference to participate on their behalf.
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International Convention
The delegate may sign on behalf of his Government, subject to ratification, acceptance or approval by the State. A convention usually remains open for signature for a prescribed period. States that did not attend the diplomatic conference may become party to the convention by submitting an instrument of accession.
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Entry into Force

Each Convention includes criteria stipulating conditions that have to be met before it enters into force. These conditions vary; however, the more complex , the more stringent the conditions for entering into force. The tacit acceptance procedure requires that amendments enter into force on a specified date unless an agreed number of States object by the agreed date.
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Main Organizations
The following organizations are the main ones that generate maritime law that is applicable on an international basis: International Maritime Organization International Labour Organization United Nations
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no more favourable treatment

The concept of nmft is based on the principle that all parties should apply the provisions of nmft to ships of non-Parties and ships below convention size in order to ensure that equivalent surveys and inspections are conducted and an equivalent level of safety and protection of the marine environment are ensured.
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Flag State Jurisdiction

A State that allows the registration of vessels under its flag has the jurisdiction and control in administrative, technical and social matters over the ships flying its flag. This obligation is necessary to ensure safety at sea with regard to: - construction - maintenance and seaworthiness - manning - prevention of collisions The monitoring of such vessels requires that the vessels are appropriately surveyed for their condition, equipment and manning. In general, the flag State has the duty to take any steps in ensuring that the vessels under its flag observe international regulations, procedures and practices.
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Coastal State Jurisdiction

A State having a coastline is entitled under international law to take steps to protect its own interest. A Coastal State has jurisdiction over four main zones recognized by UNCLOS. - internal waters - territorial sea - contiguous zone - EEZ
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Port State Jurisdiction

A port State shall be deemed to be any port that a vessel of foreign flag visits. The foreign flag vessels has the obligation to obey all the national laws of the State while in port. The port State has the authority to enforce anti-dumping and anti-pollution measures and to take administrative measures to prevent errant vessels from sailing. Port States through their maritime authorities have more modern, effective and direct powers of PSC inspection. (SOLAS , MARPOL, LL, Registration, STCW)
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Examination Questions
Explain the doctrine of no more favourable treatment Identify the legal machinery under public maritime law for enforcing conventions and outline the mechanisms used for enforcement.
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Introduction To Maritime Law

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Introduction To Maritime Law

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Copyright:

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Introduction to Maritime Law

Maritime Legislation - OiCNW/OiCEW III

Maritime Legislation - OiCNW/OiCEW III

Maritime Legislation - OiCNW/OiCEW III

Entry into Force

Maritime Legislation - OiCNW/OiCEW III

no more favourable treatment

Flag State Jurisdiction

Coastal State Jurisdiction

Port State Jurisdiction

Maritime Legislation - OiCNW/OiCEW III

Maritime Legislation - OiCNW/OiCEW III

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