Professional Documents
Culture Documents
Code: shxxxt69uWu
Lesson 5: International Convention for the Safety of Life at Sea 1977 as amended (SOLAS)
The body of law governing marine commerce and navigation, the carriage at sea
of persons and property, and marine affairs in general; the rules governing
contract, tort, and workers'-compensation claims or relating to commerce on or
over water. -- Also termed admiralty, admiralty law, sea law.
The body of international law governing how countries use and control the sea
and its resources.
Maritime Law, branch of law relating to commerce and navigation on the high
seas and on other navigable waters. Specifically, the term refers to the body of
customs, legislation, international treaties, and court decisions pertaining to
ownership and operation of vessels, transportation of passengers and cargo on
them, and rights and obligations of their crews while in transit.
History
The origins of maritime law go back to antiquity. Because no country has
jurisdiction over the seas, it has been necessary for nations to reach agreements
regarding ways of dealing with ships, crews, and cargoes when disputes arise.
The earliest agreements were probably based on a body of ancient customs that
had developed as practical solutions to common problems. Many of these
customs became part of Roman civil law. After the fall of the Roman Empire,
maritime commerce was disrupted for about 500 years.
After maritime activity was resumed in the Middle Ages, various disputes
arose and laws were formulated to deal with them. Gradually the laws of the sea
were compiled; among the best-known collections of early maritime law are the
Laws of Oleron and the Black Book of the Admiralty, an English compilation
prepared during the 14th and 15th centuries. Special courts to administer sea
laws were set up in some countries. In Britain today, maritime law is administered
by courts of the admiralty.
PAGE 1
Maritime law was subsequently greatly influenced and formed by the English
Admiralty Court and then later by the common law itself. That maritime law is a
complete legal system can be seen from its component parts. For centuries
maritime law has had its own law of contract:
· contract of sale (of ships),
· contract of service (towage),
· contract of lease (chartering),
· contract of carriage (of goods by sea),
· contract of insurance (marine insurance being the precursor of insurance
ashore),
· contract of agency (ship chandlers),
· contract of pledge (bottomry and respondentia),
· contract of hire (of masters and seamen),
· contract of compensation for sickness and personal injury (maintenance
and cure) and
· contract of risk distribution (general average).
It is and has been a national and an international law (probably the first
private international law). It also has had its own public law and public
international law.
Maritime law is composed of two main parts - national maritime statutes and
international maritime conventions, on the one hand, and the general maritime
law (lex maritima), on the other. The general maritime law has evolved from
various maritime codes, including Rhodian law (circa 800 B.C.), Roman law, the
Rôles of Oléron (circa 1190), the Ordonnance de la Marine
(1681) All of which were relied on in Doctors‟ Commons, the English Admiralty
Court, and the maritime courts of Europe.
PAGE 2
This lex maritima, part of the lex mercatoria, or "Law Merchant" as it was usually
called in England, was the general law applicable in all countries of Western
Europe until the fifteenth century, when the gradual emergence of nation states
caused national differences to begin creeping into what had been a virtually pan-
European maritime law system.
Today's general maritime law consists of the common forms, terms, rules,
standards and practices of the maritime shipping industry - standard form bills of
lading, charterparties, marine insurance policies and sales contracts are good
examples of common forms and the accepted meaning of the terms, as well as
the York/Antwerp Rules on general average and the Uniform Customs and
Practice for Documentary Credits. Much of this contemporary lex maritima is to
be found in the maritime arbitral awards rendered by arbitral tribunals around the
world by a host of institutional and ad hoc arbitral bodies.
Law of the Sea, branch of international law concerned with public order at
sea. Much of this law is codified in the United Nations Convention on the Law of
the Sea, signed Dec. 10, 1982. The convention, described as a “constitution for
the oceans,” represents an attempt to codify international law regarding territorial
waters, sea-lanes, and ocean resources. It came into force in 1994 after it had
been ratified by the requisite 60 countries; by the early 21st century the
convention had been ratified by more than 150 countries.
Beyond its territorial waters, every coastal country may establish an exclusive
economic zone (EEZ) extending 200 nautical miles (370 km) from shore. Within
the EEZ the coastal state has the right to exploit and regulate fisheries, construct
artificial islands and installations, use the zone for other economic purposes
(e.g., the generation of energy from waves), and regulate scientific research by
foreign vessels. Otherwise, foreign vessels (and aircraft) are entitled to move
freely through (and over) the zone.
PAGE 3
About the seabed beyond territorial waters, every coastal country has
exclusive rights to the oil, gas, and other resources in the seabed up to 200
nautical miles from shore or to the outer edge of the continental margin,
whichever is the further, subject to an overall limit of 350 nautical miles (650 km)
from the coast or 100 nautical miles (185 km) beyond the 2,500-metre isobath (a
line connecting equal points of water depth). Legally, this area is known as the
continental shelf, though it differs considerably from the geological definition of
the continental shelf. Where the territorial waters, EEZs, or continental shelves of
neighboring countries overlap, a boundary line must be drawn by agreement to
achieve an equitable solution. Many such boundaries have been agreed upon,
but in some cases when the countries have been unable to reach agreement the
boundary has been determined by the International Court of Justice (ICJ; e.g.,
the boundary between Bahrain and Qatar) or by an arbitration tribunal (e.g., the
boundary between France and the United Kingdom). The most common form of
boundary is an equidistance line (sometimes modified to take account of special
circumstances) between the coasts concerned.
The high seas lie beyond the zones described above. The waters and
airspace of this area are open to use by all countries, except for those activities
prohibited by international law (e.g., the testing of nuclear weapons). The bed of
the high seas is known as the International Seabed Area (also known as “the
Area”), for which the 1982 convention established a separate and detailed legal
regime. In its original form this regime was unacceptable to developed countries,
principally because of the degree of regulation involved, and was subsequently
modified extensively by a supplementary treaty (1994) to meet their concerns.
Under the modified regime the minerals on the ocean floor beneath the high seas
are deemed “the common heritage of mankind,” and their exploitation is
administered by the International Seabed Authority (ISA). Any commercial
exploration or mining of the seabed is carried out by private or state concerns
regulated and licensed by the ISA, though thus far only exploration has been
carried out. If or when commercial mining begins, a global mining enterprise
would be established and afforded sites equal in size or value to those mined by
private or state companies. Fees and royalties from private and state mining
concerns and any profits made by the global enterprise would be distributed to
developing countries. Private mining companies are encouraged to sell their
technology and technical expertise to the global enterprise and to developing
countries.
Countries first attempt to settle any disputes stemming from the 1982 convention
and its provisions through negotiations or other agreed-upon means of their
choice (e.g., arbitration). If such efforts prove unsuccessful, a country may,
subject to some exceptions, refer the dispute for compulsory settlement by the
UN International Tribunal for the Law of the Sea (located in Hamburg, Ger.), by
arbitration, or by the ICJ. Resort to these compulsory procedures has been quite
limited.
UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th
century: national rights were limited to a specified belt of water extending from a
nation's coastlines, usually 3 nautical miles (5.6 km) (Three-mile limit), according
to the 'cannon shot' rule developed by the Dutch jurist Cornelius van
Bynkershoek. All waters beyond national boundaries were considered
international waters: free to all nations but belonging to none of them (the mare
liberum principle promulgated by Hugo Grotius).
PAGE 5
In the early 20th century, some nations expressed their desire to extend national
claims: to include mineral resources, to protect fish stocks, and to provide the
means to enforce pollution controls. (The League of Nations called a 1930
conference at The Hague, but no agreements resulted.) Using the customary
international law principle of a nation's right to protect its natural resources,
President Harry S. Truman in 1945 extended United States control to all the
natural resources of its continental shelf. Other nations were quick to follow suit.
Between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to 200
nautical miles (370 km) to cover their Humboldt Current fishing grounds. Other
nations extended their territorial seas to 12 nautical miles (22 km).
By 1967, only 25 nations still used the old 3-mile (4.8 km) limit,[citation needed]
while 66 nations had set a 12-nautical-mile (22 km) territorial limit[citation
needed] and eight had set a 200-nautical-mile (370 km) limit.[citation needed] As
of 28 May 2008, only two countries still use the 3-mile (4.8 km) limit: Jordan and
Palau.[6] That limit is also used in certain Australian islands, an area of Belize,
some Japanese straits, certain areas of Papua New Guinea, and a few British
Overseas Territories, such as Anguilla.
UNCLOS I
1960
3-mile limit 26
4-mile limit 3
5-mile limit 1
6-mile limit 16
9-mile limit 1
10-mile limit 2
12-mile limit 34
>12-miles 9
Unspecified 11
· In 1956, the United Nations held its first Conference on the Law of the Sea
(UNCLOS I) at Geneva, Switzerland. UNCLOS I resulted in four treaties
concluded in 1958:
· Convention on the Territorial Sea and Contiguous Zone, entry into force: 10
September 1964
In 1960, the United Nations held the second Conference on the Law of the Sea
("UNCLOS II"); however, the six-week Geneva conference did not result in any
new agreements. Generally speaking, developing nations and third world
countries participated only as clients, allies, or dependents of the United States
or the Soviet Union, with no significant voice of their own.
UNCLOS III
The issue of varying claims of territorial waters was raised in the UN in 1967 by
Arvid Pardo of Malta, and in 1973 the Third United Nations Conference on the
Law of the Sea was convened in New York. In an attempt to reduce the
possibility of groups of nation-states dominating the negotiations, the conference
used a consensus process rather than majority vote. With more than 160 nations
participating, the conference lasted until 1982. The resulting convention came
into force on 16 November 1994, one year after the 60th state, Guyana, ratified
the treaty.
Internal waters
Covers all water and waterways on the landward side of the baseline. The
coastal state is free to set laws, regulate use, and use any resource. Foreign
vessels have no right of passage within internal waters.
Territorial waters
Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal
state is free to set laws, regulate use, and use any resource. Vessels were given
the right of innocent passage through any territorial waters, with strategic straits
allowing the passage of military craft as transit passage, in that naval vessels are
allowed to maintain postures that would be illegal in territorial waters. "Innocent
passage" is defined by the convention as passing through waters in an
expeditious and continuous manner, which is not "prejudicial to the peace, good
order or the security" of the coastal state. Fishing, polluting, weapons practice,
and spying are not "innocent", and submarines and other underwater vehicles
are required to navigate on the surface and to show their flag. Nations can also
temporarily suspend innocent passage in specific areas of their territorial seas, if
doing so is essential for the protection of their security.
PAGE 7
Archipelagic waters
The convention set the definition of Archipelagic States in Part IV, which also
defines how the state can draw its territorial borders. A baseline is drawn
between the outermost points of the outermost islands, subject to these points
being sufficiently close to one another. All waters inside this baseline are
designated Archipelagic Waters. The state has sovereignty over these waters
(like internal waters), but subject to existing rights including traditional fishing
rights of immediately adjacent states. Foreign vessels have right of innocent
passage through archipelagic waters (like territorial waters).
Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22
km) from the territorial sea baseline limit, the contiguous zone, in which a state
can continue to enforce laws in four specific areas: customs, taxation,
immigration and pollution, if the infringement started within the state's territory or
territorial waters, or if this infringement is about to occur within the state's territory
or territorial waters.[10] This makes the contiguous zone a hot pursuit area.
These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline.
Within this area, the coastal nation has sole exploitation rights over all natural
resources. In casual use, the term may include the territorial sea and even the
continental shelf. The EEZs were introduced to halt the increa singly heated
clashes over fishing rights, although oil was also becoming important. The
success of an offshore oil platform in the Gulf of Mexico in 1947 was soon
repeated elsewhere in the world, and by 1970 it was technically feasible to
operate in waters 4,000 metres deep. Foreign nations have the freedom of
navigation and overflight, subject to the regulation of the coastal states. Foreign
states may also lay submarine pipes and cables.
Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to
the continental margin's outer edge, or 200 nautical miles (370 km) from the
coastal state's baseline, whichever is greater. A state's continental shelf may
exceed 200 nautical miles (370 km) until the natural prolongation ends. However,
it may never exceed 350 nautical miles (650 kilometres; 400 miles) from the
baseline; or it may never exceed 100 nautical miles (190 kilometres; 120 miles)
beyond the 2,500-meter isobath (the line connecting the depth of 2,500 meters).
Coastal states have the right to harvest mineral and non-living material in the
subsoil of its continental shelf, to the exclusion of others. Coastal states also
have exclusive control over living resources "attached" to the continental shelf,
but not to creatures living in the water column beyond the exclusive economic
zone.
Aside from its provisions defining ocean boundaries, the convention establishes
general obligations for safeguarding the marine environment and protecting
freedom of scientific research on the high seas, and also creates an innovative
legal regime for controlling mineral resource exploitation in deep seabed areas
beyond national jurisdiction, through an International Seabed Authority and the
Common heritage of mankind principle.
Landlocked states are given a right of access to and from the sea, without
taxation of traffic through transit states.
From 1982 to 1990, the United States accepted all but Part XI as customary
international law, while attempting to establish an alternative regime for
exploitation of the minerals of the deep seabed. An agreement was made with
other seabed mining nations and licenses were granted to four international
consortia. Concurrently, the Preparatory Commission was established to prepare
for the eventual coming into force of the Convention-recognized claims by
applicants, sponsored by signatories of the Convention. Overlaps between the
two groups were resolved, but a decline in the demand for minerals from the
seabed made the seabed regime significantly less relevant. In addition, the
decline of Socialism and the fall of Communism in the late 1980s had removed
much of the support for some of the more contentious Part XI provisions.
Parties
The convention was opened for signature on 10 December 1982 and entered
into force on 16 November 1994 upon deposition of the 60th instrument of
ratification. The convention has been ratified by 168 parties, which includes 167
states (164 member states of the United Nations plus the UN Observer state
Palestine, as well as the Cook Islands, Niue and the European Union).
Non-parties
The convention was opened for signature on 10 December 1982 and entered
into force on 16 November 1994 upon deposition of the 60th instrument of
ratification. The convention has been ratified by 168 parties, which includes 167
states (164-member states of the United Nations plus the UN Observer state
Palestine, as well as the Cook Islands, Niue and the European Union).
In accordance with the International Convention on Load Lines (CLL 66/88), all
assigned load lines must be marked amidships on each side of the ships
engaged in international voyages. The determinations of the freeboard of ships
are calculated and/or verified by classification societies which issue International
Load Line Certificates in accordance with the legislation of participating States.
Provisions
The Convention provides for the terms of ship's surveys, issuance, duration,
validity and acceptance of International Load Line Certificates, as well as
relevant State control measures, agreed exemptions and exceptions.
Annexes to the Convention contain various regulations for determining load lines,
including details of marking and verification of marks, conditions of assignment of
freeboard, freeboard tables and corrections, special provisions for ships intended
for the carriage of timber and the prescribed form of International Load Line
Certificates.
According to the Annexes to the Convention, also taken into account are the
potential hazards present in different zones and different seasons and additional
safety measures concerning doors, hatchways etc.
PAGE 11
Lesson 5: International Convention for the Safety of Life at Sea 1977 as amended
(SOLAS)
International Convention for the Safety of Life at Sea (SOLAS), 1974
Adoption: 1 November 1974; Entry into force: 25 May 1980
As a result the 1974 Convention has been updated and amended on numerous
occasions. The Convention in force today is sometimes referred to as SOLAS,
1974, as amended.
Technical provisions
Includes regulations concerning the survey of the various types of ships and the
issuing of documents signifying that the ship meets the requirements of the
Convention. The Chapter also includes provisions for the control of ships in ports
of other Contracting Governments.
"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010,
requiring new ships to be designed and constructed for a specified design life
and to be safe and environmentally friendly, in intact and specified damage
conditions, throughout their life. Under the regulation, ships should have
adequate strength, integrity and stability to minimize the risk of loss of the ship or
pollution to the marine environment due to structural failure, including collapse,
resulting in flooding or loss of watertight integrity.
They include the following principles: division of the ship into main and vertical
zones by thermal and structural boundaries; separation of accommodation
spaces from the remainder of the ship by thermal and structural boundaries;
restricted use of combustible materials; detection of any fire in the zone of origin;
containment and extinction of any fire in the space of origin; protection of the
means of escape or of access for fire-fighting purposes; ready availability of
fire-extinguishing appliances; minimization of the possibility of ignition of
flammable cargo vapour.
Chapter IV – Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System
(GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and
upwards on international voyages are required to carry equipment designed to
improve the chances of rescue following an accident, including satellite
emergency position indicating radio beacons (EPIRBs) and search and rescue
transponders (SARTs) for the location of the ship or survival craft.
This Chapter also includes a general obligation for masters to proceed to the
assistance of those in distress and for Contracting Governments to ensure that
all ships shall be sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and
automatic ship identification systems (AIS).
The Chapter covers all types of cargo (except liquids and gases in bulk) "which,
owing to their particular hazards to ships or persons on board, may require
special precautions". The regulations include requirements for stowage and
securing of cargo or cargo units (such as containers). The Chapter requires
cargo ships carrying grain to comply with the International Grain Code.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the
documentation, stowage and segregation requirements for these goods and
requires reporting of incidents involving such goods.
The Chapter makes mandatory the International Code of Safety for High-Speed
Craft (HSC Code).
Regulation XI-2/3 of the chapter enshrines the International Ship and Port
Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part
B contains guidance as to how best to comply with the mandatory requirements.
Regulation XI-2/8 confirms the role of the Master in exercising his professional
judgement over decisions necessary to maintain the security of the ship. It says
he shall not be constrained by the Company, the charterer or any other person in
this respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert
system.
Regulation XI-2/6 covers requirements for port facilities, providing among other
things for Contracting Governments to ensure that port facility security
assessments are carried out and that port facility security plans are developed,
implemented and reviewed in accordance with the ISPS Code. Other regulations
in this chapter cover the provision of information to IMO, the control of ships in
port, (including measures such as the delay, detention, restriction of operations
including movement within the port, or expulsion of a ship from port), and the
specific responsibility of Companies.
The Chapter includes structural requirements for bulk carriers over 150 metres in
length.
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
The chapter makes mandatory, from 1 January 2017, the Introduction and part
I-A of the International Code for Ships Operating in Polar Waters (the Polar
Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date. See
History of SOLAS.
END
ufotable
COMPILATION OF QUIZZES
DWATCH 2
LESSON 1, 2,3,4,5
Code: shxxxt69uWu
MarLaw Quiz 1
2. Maritime Law - The body of law governing marine commerce and navigation, the
carriage at se of persons and property, and marine affairs in general; the rules
governing contract, tort, and workers‟ compensation claims or relating to commerce
on or over water, this refers to?
5. Maritime Law - What refers to the body of rules concerning the rights and duties
between individuals and or groups of individuals?
MarLaw Quiz 2
1. A maximum of 12 nautical miles beyond its coast - How many miles, each
country‟s sovereign territorial waters extend according the 1982 convention?
2. Innocent Passage - What do you call for a passage if a ship refrains from
engaging in certain prohibited activities, including weapons testing, spying,
smuggling, serious pollution, fishing, or scientific research?
3. Isobath - It refers to a line connecting equal points of water depth.
4. To a maximum of 12 nautical miles beyond its coast - How many miles each
country‟s sovereign territorial waters extend according to the 1982 convention?
5. 200 NM - How many miles from baseline is the EEZ as per UNCLOS?
6. Freedom of the Sea - United Nations Convention on the Law of the Sea
(UNCLOS) replaces the old law which is?
7. Maritime Law - It refers to a body of laws, conventions, and treaties that govern
private maritime business and other nautical matters, such as shipping or offense
occurring on open water.
8. December 10. 1982 - In the United Nations Convention, when thus the Law of
the Sea was codified & signed?
9. December 10. 1982 - Where thus the UNCLOS I conference was held?
10. IMO - Under the United Nations (UN), which Organization oversees of preparing,
ratifying, amending and implementation of Maritime Law?
MarLaw Quiz 3
3. Geneva - Where did UN hold its first Conference on the Law of the Sea?
4. 1956 - When did UN hold its first Conference on the Law of the Sea?
7. 30 September 1962 - When did Convention on the High Seas come into force?
8. New York - Where did UN hold its third Conference on the Law of the Sea?
9. 20 March 1966 - When did Convention on Fishing and Conservation of Living
Resources of the High Seas come into force?
10. 10 June 1964 - When did Convention on the Continental Shelf come into force?
MarLaw Quiz 4
3. Load Line Disc - It is the 300mm diameter and 25mm thick round shaped disc
intersected by a horizontal line whose upper edge of the horizontal line marks the
„Summer salt water line‟. Also known as „Plimsoll Line‟
4. International Load Line Certificate - Which of the following is issued to every ship
that has been surveyed and marked in accordance with the present Load line
convention with a validity of not more than 5 years and will contain vital information
that includes the assigned freeboard and fresh water allowance?
5. deck line - The vertical distance between the center of the ring and the upper
edge of the deck line:
MarLaw Quiz 5
1. False - “When securing the accommodation for sea, empty lockers don‟t need to
be closed”
4. provide training that ensures the health/ safety at work of employees - Under the
Occupational Health and Safety Acts, an employer is required to”
5. before and during each voyage - Safety equipment is checked by the crew:
6. three years from date of manufacture - Distress flares need to be renewed every:
7. must always ensure the loose gear is secured - Under “Duty of Care”, an
employee:
9. implement safety procs and use safety equipment appropriately - Under the
Occupational Health and Safety Acts, an employee is required to:
QUIZ 1
Which of the following is defined as a body of rules decreed by the governing authority of a state to
control the relationship between the state and its members and control the relationship among
members themselves for the purpose of establishing peace and order in the society?
c. Law
What refers to the body of rules concerning the rights and duties between individuals and or groups of
individuals?
d. Private Law
It is one of the major classifications of the law dealing with rules governing the internal orders of a state.
It is also known as the domestic law.
c. International Law
It is a common system of legal structure adopted by a country to prevent the physical use of force and to
avoid damage or injury against a party.
a. Common Law
The body of law governing marine commerce and navigation ................. of persons and property, and
marine affairs in general, the rules governing contract, tort, and workers, compensations claims or
relating to commerce on or over water.
c. Maritime Law
QUIZ 2
According to the 1982 convention, each country’s sovereign territorial waters extend to a maximum of
how many nautical miles beyond its coast?
c. 12
Which of the following is the territorial distance of the contiguous zone of a costal state?
a. up to 12 NM of territorial sea
The body of international law governing how countries use and control the sea and its resources is
known as
a. Law of the sea
Every coastal country may establish an exclusive economic zone (EEZ) of how many Nautical Miles from
the baseline?
b. up to 200 NM
The territorial sea is how many Nautical Miles from the baseline?
d. 12
Passage is if a ship refrains from engaging in certain prohibited activities, including weapons
testing, spying, smuggling, serious pollution, fishing, or scientific research.
c. innocent
It is a branch of international law concerned with public order at sea and much of this law is codified in
the United Nations Convention on the Law of the Sea, signed on December 10, 1982
d. Law of the sea
Which of the following are granted with the right of innocent passage through the zone of 22 kms
beyond its coast?
d. Foreign vessels
QUIZ 3
Every state has the right to establish the breadth of its territorial sea up to a limit not exceeding
measured from the baselines determined in accordance with this convention.
a. 12 nautical miles
It covers all water and waterways on the landward side of the baseline where the coastal state is free to
set laws, regulate use, and use any resource and foreign vessels have no right of passage.
b. Internal water
What defines the rights and responsibilities of nations with respect to their use of the world’s oceans,
establishing guidelines for businesses, the environment, and the management of marine natural
resources?
c. United Nations Convention on the Law of the Sea(UNCLOS)
In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS) at Geneva,
Switzerland that resulted to how many treaties concluded in 1958?
a. four
It is in this area where a state can continue to enforce laws in four specific areas such as customs,
taxation, immigration and pollution making it as the hot pursuit area.
a. Contiguous zone
Which of the following is not included in the rights of a coastal state within its EEZ?
a. Right to exploit and regulate fisheries
When two countries have been unable to reach agreement for their boundary, who determines the
decision for the settlement?
c. International Law of Sea Court
Exclusive economic zone shall not extend beyond from the baseline from which the breadth of the
territorial sea
d. 200NM
In what year did the convention on the Territorial Sea and Continuous Zone enter into force?
b. 10 September 1964
QUIZ 4
It is a special marking positioned amidships which depicts the draft of the vessel and the maximum
permitted limit in distinct types of waters to which the ship can be loaded.
c. Load line
These are horizontal lines extending forward and aft from a vertical line placed at a distance of 540mm
from the centre of the dics which measures 230 mm and by 23mm
b. Load lines
Which of the following is issued to every ship that has been surveyed and marked in accordance with the
present Load line convention with a validity of not more than 5 years and will contain all vital
information that includes the assigned freeboard and fresh water allowance?
c. International Load Line Certificate
In load line, what is the term used to the vertical distance edges of the respective load lines as stated on
the load line certificate?
b. freeboard
The annual survey for endorsement of a Load Line Certificate must be held within
a. three months either way of the certificate’s anniversary date
The vertical distance between the center of the ring and the upper edge of the deck line
a. statutory freeboard
It is a horizontal line measuring 300mm by t25mm. It passes through the upper surface of the freeboard.
d. Deck Line
What was signed in London on 5 April 1966. Amended by the 1988 Protocol and further revised in 2004?
a. International Convention On Load Lines (CLL)
It is the 300mm diameter and 25mm thick round shaped disc intersected by a horizontal line whose
upper edge of the horizontal line marks the “Summer salt water line’. Also known as ‘Plimsol Line.
b. Load Line Disc
QUIZ 5
What SOLAS convention gives the details on fire protection, fire detection and fire extinction for ships
and specific measures for passengers ships, cargo ships, and tankers?
a. Chapter II-2
What chapters of the SOLAS Convention includes regulations concerning the survey of the various types
of the ships and the issuing of documents signifying that the ship meets the requirements of the
Convention
c. Chapter I
Current SOLAS Convention includes Articles setting out general obligations, amendment procedure and
so on, followed by Annex divided into how many chapters?
a. 14
Which of the following is an international convention whose main objective is to specify minimum
standards for the construction equipment and operation of ships compatible with the safety?
d. SOLAS convention
Which SOLAS convention chapter includes requirements for the saving appearances and arrangements,
including requirements for the boats, rescue boats and the jackets according to type of the ship?
c. Chapter III
COMPILATION OF QUIZZES
Marlaw (Edgardo Gatusani)
(Catamaran)
1. It is a special marking positioned amidships which depicts the draft of the vessel and the maximum
permitted limit in distinct types of waters to which the ship can be loaded.
a. Draft mark
b. Capacity line
C. Load line ✓
d. Freeboard
2. These are horizontal lines extending forward and aft from a vertical line placed at a distance of 540mm
from the centre of
a. Deck line
b. Load lines ✓
c. Draft mark lines
3. Which of the following is issued to every ship that has been surveyed and marked in accordance with
the present Load line
convention with a validity of not more than 5 years and will contain all vital information that includes the
assigned freeboard and fresh water allowance?
4. In load line, what is the term used to the vertical distance edges of the respective load line as stated
on the load line certificate?
a. freeboard marks
b. freeboard
C. statutory freeboard
d. Summer freeboard ✓
5. The annual survey for endorsement of a Load Line Certificate must be held within.
a. statutory freeboard ✓
b. summer freeboard
C. deck line
d. summer load line
7. . It is a horizontal line measuring 300mm by 25mm. It passes through the upper surface of the
freeboard.
8. What was signed in London on 5 April 1966, amended by the 1988 Protocol and further revised in
2003?
9. It is the 300mm diameter and 25mm thick round shaped disc intersected by a horizontal line whose
upper edge of the horizontal line marks the 'Summer salt water line'. Also known as 'Plimsol Line.
a. Deck line
b. Load Line Disc ✓
C. Fresh water line
10. It is a convention described as a "constitution for the oceans," representing an attempt to codify
international law regarding territorial waters, sea-lanes, and ocean resources.
a. IMO
b. UNCTAD
C. UNCLOS ✓
d. MARPOL 74/'78
11. It is a branch of international law concerned with public order at sea and much of this law is codified
in the United
Nations Convention on the Law of the Sea, signed on December 10, 1982.
a. Municipal law
b. Law of commerce
C. Law of the Sea ✓
d. Law of Navigation
12. Passage is if a ship refrains from engaging in certain prohibited activities, including weapons
testing, spying, smuggling, serious pollution, fishing, or scientific research.
a. innocent ✓
b. permitted
C. restricted
d. free
13. The territorial sea is how many Nautical Miles from the baseline?
a. 12 ✓
b. 36
C. 48
d. 24
a. Public Laws
b. Private Laws
C. Statutes.
d. International Maritime Conventions ✓
15. In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva,
Switzerland that resulted to how many treaties concluded in 1958?
a. five
b. four ✓
C. three
d. two
16. Which of the following is not included in the rights of a coastal state within its EEZ?
17. Exclusive economic zone shall not extend beyond from the baselines from which the breadth of
the territorial sea
a. 100NM
b. 200 NM ✓
C. 150 NM
d. 100NM
18. According to UNCLOS is defined as passing through waters in an expeditious and continuous
manner, which is not "prejudicial to the peace, good order or the security" of the coastal state.
a. Innocent passage ✓
b.bPeaceful passage
C. Inherent passage
d. Decent passage
19. According to UNCLOS, not "prejudicial to the peace, good order or the security" of the coastal
state.
is defined as passing through waters in an expeditious and continuous manner, which is
a. Innocent passage ✓
b.bPeaceful passage
C. Inherent passage
d. Decent passage
20.What defines the rights and responsibilities of nations with respect to their use of the world's oceans,
establishing guidelines for businesses, the environment, and the management of marine natural
resources?
21. In what year did the convention on the Territorial Sea and Contiguous Zone enter into force?
a. 10 September 1964 ✓
23. A specialized agency of the United Nations that is responsible for measures to improve the safety and
security of international shipping and to prevent marine pollution from ships.
IMO
24. In what state the vessel is registered or licensed?
Flag state Jurisdiction
25. When was SOLAS came into force?
May 25, 1980
26. When was STCW signed?
June 7, 1978
27. Are set of system of rules that govern the procedures for managing an organization. These
procedures are meant to establish efficiency, consistency, responsibility and accountability. -
Administrative Procedures
28. It is an international treaty which requires signatory flag states to ensure that ships flagged by them
comply with minimum safety standards in construction, equipment and operation. - SOLAS
29. The organization works on economic and social development programs, improving human rights and
reducing global conflicts. - UN
30. Sets qualification standards for masters, officers and watch personnel on seagoing merchant ships. -
STCW
31. Control the regulatory mechanism through which a port state asserts and exercises its jurisdiction. -
Port state jurisdiction
1. A specialized agency of the United Nations that is responsible for measures to improve the Safety and
security of international shipping and to prevent marine pollution from ships.
a. SOLAS
b.CMI
C. ILO
d. IMO ✓
6. Are set or system of rules that govern the procedures for managing an organization. These procedures
are meant to establish efficiency, consistency, responsibility, and accountability.
a. Administrative procedures ✓
b.Observation
C. Survey
d. Penal sanctions
7. It is an International maritime treaty which requires signatory flag states to ensure that ships flagged
by them comply with minimum safety standards in construction, equipment and operation.
a.STCW
b. SOLAS ✓
C. IMO
d. MARPOL
8. The organization works on economic and social development programs, improving human rights and
reducing global conflicts.
a. ILO
b. UN ✓
C. CMI
d. IMO
9. Sets qualification standards for masters, officers and watch personnel on seagoing merchant ships.
a. SOLAS
b. IMO
C. MARPOL
d. STCW ✓
10. Control the regulatory mechanism through which a port state asserts and exercises its jurisdiction.
a. Flag state jurisdiction
b. Port state jurisdiction ✓
C. Coastal state jurisdiction
d. Harbor state jurisdiction
11. When did Convention on the Territorial Sea and Contiguous zone come into force?
a.11 November 1954
b. 6 February 1968
c. 15 May 1948
d. 10 September 1964 ✓
12. When did UN hold its first conference on the Law of the sea?
a. 1948
b. 1951
C. 1942
d. 1956 ✓
13. When did convention on the High Seas come into force?
a. 1 January 1961
b. 30 September 1962
C.26 December 1958 ✓
d. 25 August 1959
14. Where did UN hold its first Conference on the Law of the sea?
a. Geneva ✓
b. Paris
C.London
d. Berlin
15. When did convention on the Continental Shelf come into force?
a. . July 1968
b. July 1970
c. 10 June 1964 ✓
d. 4 March 1972
19. The United Nations Convention on the Law of the Sea(UNCLOS), also called?
a. The Law of the Sea Treaty ✓
b. The Law of the Sea Protection.
c. The law of the sea convention
d . The law of territorial sea
21. What is the commonly used English term for "the seabed and ocean floor and subsoil thereof,
beyond the limits of national jurisdiction"?
a. The "Space"
b. The "Area"✓
c. The "Zone"
d. The "Bed"
22. When did Convention on fishing and Conversation of Living Resources of the high seas come into
force?
a. 4 April 1966
b. 20 March 1966 ✓
c. August 1988
d. 12 December 1972
23. Which of the UN member states below has signed UNCLOS 111?
a. Israel
b. Guyana ✓
c. Turkey
d. United States
24. The first effort at codifying the law of the sea, the 1930 Hague Codification, Conference, focused on
what issue?
a. The breath and nature of the territorial sea regime ✓
b. Combating piracy on the high seas
c. The extent of the continental shelf
d. Exclusive fisheries
25. When did the third UN convention on the Law of the Sea Conference(UNCLOS 111) take place?
a. 2014
b.Between 1973 and 1974
C. Between 1948 and 1950
d. Between 1973 and 1982 ✓
Brig
Maritime Law - The body of law governing marine commerce and navigation, the
carriage at sea of persons and property, and marine affairs in general; the rules
governing contract, tort, and workers' compensation claims or relating to
commerce on or over water.
R.A. no. 8544 - The act which is known as Philippine Merchant Marine Officer of
“1998” is
Private law - What refers to the body of rules concerning the rights and duties
between individuals and or groups of individuals?
a.
Public Laws
b.
c.
Statutes
d.
Private Laws
. Law of the Sea - It is a branch of international law concerned with public order at
sea and much of this law is codified in the United Nations Convention on the Law
of the Sea, signed on December 10, 1982.
. Foreign vessels - Which of the following are granted with the right of innocent
passage through the zone of 22 kms. beyond its coast?
12 -The territorial sea is how many Nautical Miles from the baseline?
Law of the sea - The body of international law governing how countries use
and control the sea and its resources is known as:
10 September 1964 - In what year did the convention on the Territorial Sea
and Contiguous Zone enter into force?
Construct artificial islands and installation - Which of the following is not included
in the rights of a coastal state within its EEZ?
12 nautical miles - Every state has the right to establish the breadth of its
territorial sea up to a limit not exceeding measured from the baselines
determined in accordance with this convention.
International Court of Justice - When two countries have been unable to reach
agreement for their boundary, who determines the decision for the settlement?
Internal water - It covers all water and waterways on the landward side of the
baseline where the coastal state is free to set laws, regulate
use, and use any resource and foreign vessels have no right of passage.
four - In 1956, the United Nations held its first Conference on the Law of the Sea
(UNCLOS I) at Geneva, Switzerland that
. 200 NM - Exclusive economic zone shall not extend beyond from the
baselines from which the breadth of the territorial sea
United Nations Convention on the Law of the Sea (UNCLOS) - What defines the
rights and responsibilities of nations with respect to their use of the world's
oceans, establishing guidelines for businesses, the environment, and the
management of marine natural resources?
Contiguous zone - It is in this area where a state can continue to enforce laws in
four specific areas such as customs, taxation, immigration and
Load line - It is a special marking positioned amidships which depicts the draft of
the vessel and the maximum permitted limit in distinct types of waters to which
the ship can be loaded.
International Load Line Certificate -Which of the following is issued to every ship
that has been surveyed and marked in accordance with the present Load line
convention with a validity of not more than 5 years and will contain all vital
information that includes the assigned freeboard and fresh water allowance?
Load Line Disc - It is the 300mm diameter and 25mm thick round shaped disc
intersected by a horizontal line whose upper edge of the horizontal line marks the
‘Summer salt water line’. Also known as ‘Plimsol Line .
statutory freeboard - The vertical distance between the center of the ring and the
upper edge of the deck line:
. Load lines - These are horizontal lines extending forward and aft from a vertical
line placed at a distance of 540mm from the centre of
Chapter II-2 - What SOLAS convention chapter gives the details on fire protection,
fire detection and fire extinction for all ships and specific measures for passenger
ships, cargo ships and tankers?
Private international law - It deals with those cases within particular legal systems,
in which foreign elements obtrude, raising questions as to the application of
foreign law or the role of foreign courts.
IMO - A specialized agency of the United Nations that is responsible for measures
to improve the
SOLAS - It is an International maritime treaty which requires signatory flag states
to ensure that ships flagged by them comply with minimum safety standards in
construction, equipment and operation.
STCW - Sets qualification standards for masters, officers and watch personnel on
seagoing merchant ships.
Port state jurisdiction - Control the regulatory mechanism through which a port
state asserts and exercises its jurisdiction.
Geneva - Where did UN hold its first Conference on the Law of the sea?
10 September 1964 - When did Convention on the Territorial Sea and
Contiguous zone come into force?-
1956 - When did UN hold its first conference on the Law of the sea?
30 September 1962 - When did convention on the High Seas come into force? -
10 June 1964 - When did convention on the Continental Shelf come into force?
Between 1973 and 1982 - When did the third UN convention on the Law of the
Sea Conference( UNCLOS 111) take place?
Guyana - Which of the UN member states below has signed UNCLOS 111?
The breath and nature of the territorial sea regime - The first effort at codifying
the law of the sea, the 1930 Hague Codification, Conference, focused on what
issue? -
The “Area” - What is the commonly used English term for “the seabed and ocean
floor and subsoil thereof beyond the limits of national jurisdiction”? -
REVIEWER #2
Maritime Law (PRELIM)
MARLAW Quiz 1 (Capt. Sotto)
1. What refers to the body of rules concerning the rights and duties between
individuals and or groups of individuals? Domestic Law
2. Which of the following does not belong to the international organizations
involved in the improvement of maritime affairs? International Labor Organization
(ILO)
3. Which of the following is not a source of maritime law? International maritime
conventions
4. Which of the following is defined as a body of rules decreed by the governing
authority of a state to control the relationship between the state and its members
and control the relationship among members themselves for the purpose of
establishing peace and order in the society? Law
5. The body of law governing marine commerce and navigations, the carriage at
sea of persons and property, and marine affairs in general; the rules governing
contract, tort, and workers’ compensation claims or relating to commerce om or
over water, this refers to? Maritime Law
2. Where did UN hold its third Conference on the Law of the Sea? New York
5. When did UN hold its first Conference on the Law of the Sea? 1956
6. When did Convention on the Territorial Sea and Contiguous Zone come into
force? 10 September 1964
7. Where did UN hold its first Conference on the Law of the Sea? Geneva
2. “When securing the accommodation for sea, empty lockers don’t need to be
closed.”: 'False'.
3. Safety equipment is checked by the crew: before and during each voyage
4. Under the Occupational Health and Safety Acts, an employee is required to:
implement safety procs and use safety equipment appropriately
6. Under the Occupational Health and Safety Acts, an employer is required to:
provide training that ensures the health/safety at work of employees
9. Under “Duty of Care”, an employee: must stow all loose gear and equipment
below decks
10. Many hazards exist on a boat. The obligations to safety of a deckhand when
working with others. the obligation is continuous
Introduction
What is admiralty?
It is:
The body of law governing marine commerce and navigation, the carriage at
sea of persons and property, and marine affairs in general; the rules governing
contract, tort, and workers'-compensation claims or relating to commerce on or
over water. -- Also termed admiralty, admiralty law, sea law.
The body of international law governing how countries use and control the sea
and its resources.
Maritime Law, branch of law relating to commerce and navigation on the high
seas and on other navigable waters. Specifically, the term refers to the body of
customs, legislation, international treaties, and court decisions pertaining to
ownership and operation of vessels, transportation of passengers and cargo on
them, and rights and obligations of their crews while in transit.
History, Scope and Background of Maritime Law
History
After maritime activity was resumed in the Middle Ages, various disputes
arose and laws were formulated to deal with them. Gradually the laws of the
sea were compiled; among the best-known collections of early maritime law
are the Laws of Oleron and the Black Book of the Admiralty, an English
compilation prepared during the 14th and 15th centuries. Special courts to
administer sea laws were set up in some countries. In Britain today, maritime law
is administered by courts of the admiralty.
Background:
The term, admiralty, specifically refers to the British courts in England and the
American colonies, separate courts that traditionally exercised jurisdiction over
all regulations and handling of disputes relating to sea navigation and
commerce. The American courts in practice adopted English law and
procedure but chose early on to include national subject matter jurisdiction. The
American colonies after the Revolution provided, through the Judiciary Act of
1789 and Article III § 2 of the U.S. Constitution, exclusive jurisdiction to the federal
district courts over admiralty and maritime matters. The U.S. Congress regulates
admiralty through the Commerce Clause and provides national uniform rules
which prevail in admiralty claims in national or international shipping and
commerce. The admiralty courts have limited jurisdiction but have remained a
separate entity. They have expanded to include all activities on both the high
seas and navigable waters.
Much of U.S. maritime law has evolved through international maritime law in
concert with maritime laws of other countries. Federal statutes dealing with
maritime issues have been customized, with a basis coming from international
treaties and resolutions.
Maritime law was subsequently greatly influenced and formed by the English
Admiralty Court and then later by the common law itself. That maritime law is a
complete legal system can be seen from its component parts. For centuries
maritime law has had its own law of contract:
It is and has been a national and an international law (probably the first
private international law). It also has had its own public law and public
international law.
Maritime law is composed of two main parts - national maritime statutes and
international maritime conventions, on the one hand, and the general maritime
law (lex maritima), on the other. The general maritime law has evolved from
various maritime codes, including Rhodian law (circa 800 B.C.), Roman law, the
Rôles of Oléron (circa 1190), the Ordonnance de la Marine
(1681), all of which were relied on in Doctors' Commons, the English Admiralty
Court, and the maritime courts of Europe.
This lex maritima, part of the lex mercatoria, or "Law Merchant" as it was
usually called in England, was the general law applicable in all countries of
Western Europe until the fifteenth century, when the gradual emergence of
nation states caused national differences to begin creeping into what had
been a virtually pan-European maritime law system.
Today's general maritime law consists of the common forms, terms, rules,
standards and practices of the maritime shipping industry - standard form bills of
lading, charterparties, marine insurance policies and sales contracts are good
examples of common forms and the accepted meaning of the terms, as well as
the York/Antwerp Rules on general average and the Uniform Customs and
Practice for Documentary Credits. Much of this contemporary lex maritima is to
be found in the maritime arbitral awards rendered by arbitral tribunals
around the world by a host of institutional and ad hoc arbitral bodies.
Law of the Sea, branch of international law concerned with public order at sea.
Much of this law is codified in the United Nations Convention on the Law of the
Sea, signed Dec. 10, 1982. The convention, described as a “constitution for the
oceans,” represents an attempt to codify international law regarding territorial
waters, sea-lanes, and ocean resources. It came into force in 1994 after it had
been ratified by the requisite 60 countries; by the early 21st century the
convention had been ratified by more than 150 countries.
Beyond its territorial waters, every coastal country may establish an exclusive
economic zone (EEZ) extending 200 nautical miles (370 km) from shore. Within
the EEZ the coastal state has the right to exploit and regulate fisheries, construct
artificial islands and installations, use the zone for other economic purposes
(e.g., the generation of energy from waves), and regulate scientific research by
foreign vessels. Otherwise, foreign vessels (and aircraft) are entitled to move
freely through (and over) the zone.
About the seabed beyond territorial waters, every coastal country has exclusive
rights to the oil, gas, and other resources in the seabed up to 200 nautical miles
from shore or to the outer edge of the continental margin, whichever is the
further, subject to an overall limit of 350 nautical miles (650 km) from the coast or
100 nautical miles (185 km) beyond the 2,500-metre isobath (a line connecting
equal points of water depth). Legally, this area is known as the continental shelf,
though it differs considerably from the geological definition of the continental
shelf. Where the territorial waters, EEZs, or continental shelves of neighboring
countries overlap, a boundary line must be drawn by agreement to achieve an
equitable solution. Many such boundaries have been agreed upon, but in some
cases when the countries have been unable to reach agreement the boundary
has been determined by the International Court of Justice (ICJ; e.g., the
boundary between Bahrain and Qatar) or by an arbitration tribunal (e.g., the
boundary between France and the United Kingdom). The most common form of
boundary is an equidistance line (sometimes modified to take account of
special circumstances) between the coasts concerned.
The high seas lie beyond the zones described above. The waters and airspace
of this area are open to use by all countries, except for those activities
prohibited by international law (e.g., the testing of nuclear weapons). The bed
of the high seas is known as the International Seabed Area (also known as “the
Area”), for which the 1982 convention established a separate and detailed
legal regime. In its original form this regime was unacceptable to developed
countries, principally because of the degree of regulation involved, and was
subsequently modified extensively by a supplementary treaty (1994) to meet
their concerns. Under the modified regime the minerals on the ocean floor
beneath the high seas are deemed “the common heritage of mankind,” and
their exploitation is administered by the International Seabed Authority (ISA). Any
commercial exploration or mining of the seabed is carried out by private or
state concerns regulated and licensed by the ISA, though thus far only
exploration has been carried out. If or when commercial mining begins, a global
mining enterprise would be established and afforded sites equal in size or value
to those mined by private or state companies. Fees and royalties from private
and state mining concerns and any profits made by the global enterprise would
be distributed to developing countries. Private mining companies are
encouraged to sell their technology and technical expertise to the global
enterprise and to developing countries.
On many issues the 1982 convention contains precise and detailed regulations
(e.g., on innocent passage through territorial waters and the definition of the
continental shelf), but on other matters (e.g., safety of shipping, pollution
prevention, and fisheries conservation and management) it merely provides a
framework, laying down broad principles but leaving the elaboration of rules to
other treaties. Regarding the safety of shipping, detailed provisions on the safety
and seaworthiness of ships, collision avoidance, and the qualification of crews
are contained in several treaties adopted under the auspices of the
International Maritime Organization (IMO), a specialized agency of the United
Nations (UN). The IMO also has adopted strict antipollution standards for ships.
Pollution of the sea from other sources is regulated by several regional treaties,
most of which have been adopted under the aegis of the United Nations
Environment Programme. The broad standards for fisheries conservation in and
management of the EEZ (where most fishing takes place) laid out in the 1982
convention have been supplemented by nonbinding guidelines contained in
the Code of Conduct for Responsible Fisheries adopted in 1995 by the UN Food
and Agriculture Organization. Principles of management for high seas fishers are
laid down in the UN fish stocks treaty (1995), which manages straddling and
highly migratory fish stocks, and in detailed measures adopted by several
regional fisheries commissions.
Countries first attempt to settle any disputes stemming from the 1982 convention
and its provisions through negotiations or other agreed-upon means of their
choice (e.g., arbitration). If such efforts prove unsuccessful, a country may,
subject to some exceptions, refer the dispute for compulsory settlement by the
UN International Tribunal for the Law of the Sea (located in Hamburg, Ger.), by
arbitration, or by the ICJ. Resort to these compulsory procedures has been quite
limited.
UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th
century: national rights were limited to a specified belt of water extending from
a nation's coastlines, usually 3 nautical miles (5.6 km) (Three-mile limit),
according to the 'cannon shot' rule developed by the Dutch jurist Cornelius van
Bynkershoek. All waters beyond national boundaries were considered
international waters: free to all nations but belonging to none of them (the mare
liberum principle promulgated by Hugo Grotius).
In the early 20th century, some nations expressed their desire to extend national
claims: to include mineral resources, to protect fish stocks, and to provide the
means to enforce pollution controls. (The League of Nations called a 1930
conference at The Hague, but no agreements resulted.) Using the customary
international law principle of a nation's right to protect its natural resources,
President Harry S. Truman in 1945 extended United States control to all the
natural resources of its continental shelf. Other nations were quick to follow suit.
Between 1946 and 1950, Chile, Peru, and Ecuador extended their rights to 200
nautical miles (370 km) to cover their Humboldt Current fishing grounds. Other
nations extended their territorial seas to 12 nautical miles (22 km).
By 1967, only 25 nations still used the old 3-mile (4.8 km) limit,[citation needed]
while 66 nations had set a 12-nautical-mile (22 km) territorial limit[citation
needed] and eight had set a 200-nautical-mile (370 km) limit.[citation needed]
As of 28 May 2008, only two countries still use the 3-mile (4.8 km) limit: Jordan
and Palau.[6] That limit is also used in certain Australian islands, an area of Belize,
some Japanese straits, certain areas of Papua New Guinea, and a few British
Overseas Territories, such as Anguilla.
UNCLOS I
3-mile limit 26
4-mile limit 3
5-mile limit 1
6-mile limit 16
9-mile limit 1
10-mile limit 2
12-mile limit 34
>12-miles 9
Unspecified 11
In 1956, the United Nations held its first Conference on the Law of the
Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS I resulted in four treaties
concluded in 1958:
Convention on the Territorial Sea and Contiguous Zone, entry into force: 10
September 1964
UNCLOS II
In 1960, the United Nations held the second Conference on the Law of the
Sea ("UNCLOS II"); however, the six-week Geneva conference did not result in
any new agreements. Generally speaking, developing nations and third world
countries participated only as clients, allies, or dependents of the United States
or the Soviet Union, with no significant voice of their own.[citation needed]
UNCLOS III
The issue of varying claims of territorial waters was raised in the UN in 1967 by
Arvid Pardo of Malta, and in 1973 the Third United Nations Conference on
the Law of the Sea was convened in New York. In an attempt to reduce the
possibility of groups of nation-states dominating the negotiations, the
conference used a consensus process rather than majority vote. With more than
160 nations participating, the conference lasted until 1982. The resulting
convention came into force on 16 November 1994, one year after the 60th
state, Guyana, ratified the treaty.
The convention introduced a number of provisions. The most significant issues
covered were setting limits, navigation, archipelagic status and transit regimes,
exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed
mining, the exploitation regime, protection of the marine environment, scientific
research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined
baseline. (Normally, a sea baseline follows the low-water line, but when the
coastline is deeply indented, has fringing islands or is highly unstable, straight
baselines may be used.) The areas are as follows:
Internal waters
Covers all water and waterways on the landward side of the baseline. The
coastal state is free to set laws, regulate use, and use any resource. Foreign
vessels have no right of passage within internal waters.
Territorial waters
Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal
state is free to set laws, regulate use, and use any resource. Vessels were given
the right of innocent passage through any territorial waters, with strategic straits
allowing the passage of military craft as transit passage, in that naval vessels are
allowed to maintain postures that would be illegal in territorial waters. "Innocent
passage" is defined by the convention as passing through waters in an
expeditious and continuous manner, which is not "prejudicial to the peace,
good order or the security" of the coastal state. Fishing, polluting, weapons
practice, and spying are not "innocent", and submarines and other underwater
vehicles are required to navigate on the surface and to show their flag. Nations
can also temporarily suspend innocent passage in specific areas of their
territorial seas, if doing so is essential for the protection of their security.
Archipelagic waters
The convention set the definition of Archipelagic States in Part IV, which also
defines how the state can draw its territorial borders. A baseline is drawn
between the outermost points of the outermost islands, subject to these points
being sufficiently close to one another. All waters inside this baseline are
designated Archipelagic Waters. The state has sovereignty over these waters
(like internal waters), but subject to existing rights including traditional fishing
rights of immediately adjacent states. Foreign vessels have right of innocent
passage through archipelagic waters (like territorial waters).
Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22
km) from the territorial sea baseline limit, the contiguous zone, in which a state
can continue to enforce laws in four specific areas: customs, taxation,
immigration and pollution, if the infringement started within the state's territory or
territorial waters, or if this infringement is about to occur within the state's territory
or territorial waters.[10] This makes the contiguous zone a hot pursuit area.
These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline.
Within this area, the coastal nation has sole exploitation rights over all natural
resources. In casual use, the term may include the territorial sea and even the
continental shelf. The EEZs were introduced to halt the increa singly heated
clashes over fishing rights, although oil was also becoming important. The
success of an offshore oil platform in the Gulf of Mexico in 1947 was soon
repeated elsewhere in the world, and by 1970 it was technically feasible to
operate in waters 4,000 metres deep. Foreign nations have the freedom of
navigation and overflight, subject to the regulation of the coastal states. Foreign
states may also lay submarine pipes and cables.
Continental shelf
The continental shelf is defined as the natural prolongation of the land territory
to the continental margin's outer edge, or 200 nautical miles (370 km) from the
coastal state's baseline, whichever is greater. A state's continental shelf may
exceed 200 nautical miles (370 km) until the natural prolongation ends.
However, it may never exceed 350 nautical miles (650 kilometres; 400 miles) from
the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120
miles) beyond the 2,500-meter isobath (the line connecting the depth of 2,500
meters). Coastal states have the right to harvest mineral and non-living material
in the subsoil of its continental shelf, to the exclusion of others. Coastal states also
have exclusive control over living resources "attached" to the continental shelf,
but not to creatures living in the water column beyond the exclusive economic
zone.
Aside from its provisions defining ocean boundaries, the convention establishes
general obligations for safeguarding the marine environment and protecting
freedom of scientific research on the high seas, and also creates an innovative
legal regime for controlling mineral resource exploitation in deep seabed areas
beyond national jurisdiction, through an International Seabed Authority and the
Common heritage of mankind principle.
Landlocked states are given a right of access to and from the sea, without
taxation of traffic through transit states.
Part XI and the 1994 Agreement
From 1982 to 1990, the United States accepted all but Part XI as customary
international law, while attempting to establish an alternative regime for
exploitation of the minerals of the deep seabed. An agreement was made with
other seabed mining nations and licenses were granted to four international
consortia. Concurrently, the Preparatory Commission was established to prepare
for the eventual coming into force of the Convention-recognized claims by
applicants, sponsored by signatories of the Convention. Overlaps between the
two groups were resolved, but a decline in the demand for minerals from the
seabed made the seabed regime significantly less relevant. In addition, the
decline of Socialism and the fall of Communism in the late 1980s had removed
much of the support for some of the more contentious Part XI provisions.
Parties
The convention was opened for signature on 10 December 1982 and entered
into force on 16 November 1994 upon deposition of the 60th instrument of
ratification. The convention has been ratified by 168 parties, which includes 167
states (164 member states of the United Nations plus the UN Observer state
Palestine, as well as the Cook Islands, Niue and the European Union).
Non-parties
The convention was opened for signature on 10 December 1982 and entered
into force on 16 November 1994 upon deposition of the 60th instrument of
ratification. The convention has been ratified by 168 parties, which includes 167
states (164-member states of the United Nations plus the UN Observer state
Palestine, as well as the Cook Islands, Niue and the European Union).
The 1988 Protocol was adopted to harmonise the survey and certification
requirement of the 1966 Convention with those contained in the International
Convention for the Safety of Life at Sea (SOLAS) and MARPOL 73/78.
In accordance with the International Convention on Load Lines (CLL 66/88), all
assigned load lines must be marked amidships on each side of the ships
engaged in international voyages. The determinations of the freeboard of ships
are calculated and/or verified by classification societies which issue
International Load Line Certificates in accordance with the legislation of
participating States.
Provisions
The Convention provides for the terms of ship's surveys, issuance, duration,
validity and acceptance of International Load Line Certificates, as well as
relevant State control measures, agreed exemptions and exceptions.
According to the Annexes to the Convention, also taken into account are the
potential hazards present in different zones and different seasons and additional
safety measures concerning doors, hatchways etc.
The SOLAS Convention in its successive forms is generally regarded as the most
important of all international treaties 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. The 1974 version
includes the tacit acceptance procedure - which provides that an amendment
shall enter into force on a specified date unless, before that date, objections to
the amendment are received from an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous
occasions. The Convention in force today is sometimes referred to as SOLAS,
1974, as amended.
Technical provisions
The main objective of the SOLAS Convention is 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 as proof that this has been done. Control provisions also allow
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. The current SOLAS Convention includes Articles
setting out general obligations, amendment procedure and so on, followed by
an Annex divided into 14 Chapters.
Includes regulations concerning the survey of the various types of ships and the
issuing of documents signifying that the ship meets the requirements of the
Convention. The Chapter also includes provisions for the control of ships in ports
of other Contracting Governments.
"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010,
requiring new ships to be designed and constructed for a specified design life
and to be safe and environmentally friendly, in intact and specified damage
conditions, throughout their life. Under the regulation, ships should have
adequate strength, integrity and stability to minimize the risk of loss of the ship or
pollution to the marine environment due to structural failure, including collapse,
resulting in flooding or loss of watertight integrity.
They include the following principles: division of the ship into main and vertical
zones by thermal and structural boundaries; separation of accommodation
spaces from the remainder of the ship by thermal and structural boundaries;
restricted use of combustible materials; detection of any fire in the zone of
origin; containment and extinction of any fire in the space of origin; protection
of the means of escape or of access for fire-fighting purposes; ready availability
of fire-extinguishing appliances; minimization of the possibility of ignition of
flammable cargo vapour.
Chapter IV – Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System
(GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and
upwards on international voyages are required to carry equipment designed to
improve the chances of rescue following an accident, including satellite
emergency position indicating radio beacons (EPIRBs) and search and rescue
transponders (SARTs) for the location of the ship or survival craft.
This Chapter also includes a general obligation for masters to proceed to the
assistance of those in distress and for Contracting Governments to ensure that all
ships shall be sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs)
and automatic ship identification systems (AIS).
The Chapter covers all types of cargo (except liquids and gases in bulk) "which,
owing to their particular hazards to ships or persons on board, may require
special precautions". The regulations include requirements for stowage and
securing of cargo or cargo units (such as containers). The Chapter requires
cargo ships carrying grain to comply with the International Grain Code.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the
documentation, stowage and segregation requirements for these goods and
requires reporting of incidents involving such goods.
The Chapter makes mandatory the International Code of Safety for High-Speed
Craft (HSC Code).
Regulation XI-2/3 of the chapter enshrines the International Ship and Port
Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B
contains guidance as to how best to comply with the mandatory requirements.
Regulation XI-2/8 confirms the role of the Master in exercising his professional
judgement over decisions necessary to maintain the security of the ship. It says
he shall not be constrained by the Company, the charterer or any other person
in this respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert
system.
Regulation XI-2/6 covers requirements for port facilities, providing among other
things for Contracting Governments to ensure that port facility security
assessments are carried out and that port facility security plans are developed,
implemented and reviewed in accordance with the ISPS Code. Other
regulations in this chapter cover the provision of information to IMO, the control
of ships in port, (including measures such as the delay, detention, restriction of
operations including movement within the port, or expulsion of a ship from port),
and the specific responsibility of Companies.
The Chapter includes structural requirements for bulk carriers over 150 metres in
length.
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
The chapter makes mandatory, from 1 January 2017, the Introduction and part
I-A of the International Code for Ships Operating in Polar Waters (the Polar
Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date. See
History of SOLAS.
ACTIVITY #1
JURISDICTION
- Jurisdiction is the practical authority granted to a legal body to
administer justice, as defined by the kind of case, and the location of the
issue. In federations like the United States, areas of jurisdiction apply to
local, state, and federal levels.
What code provides an international standard for the safe management and
operation of ships and for pollution prevention?
- ISM CODE
What certificate is issued or endorsed by the administration for offshore
personnel in accordance with the provisions of these recommendations and
entitling the lawful holder thereof to serve in the capacity and perform the
functions involved?
- COMPETENCY
What refers to a certificate issued to a seafarer by the MARINA, attesting to the
compliance with the relevant requirements of training, competencies and
seagoing service prescribed in the Convention?
- PROFICIENCY
What is an organized system planned and implemented by the shipping
companies to ensure the safety of the ship and marine environment?
- SMS (Safety Management System)
The safety management system in compliance with the ISM Code must be in
place on board all passenger ships and high speed craft, and oil vessels of what
gross tonnage and upwards?
- 500 GT
When did the ISM become mandatory for all vessels meant for standard of
safety & operation of ships and for pollution prevention?
- JULY 1, 2002
When was the STCW Convention, 2010 amendments enter into force?
- JANUARY 1, 2012
What part of the STCW Code contains recommended guidance which is
intended to have parties implement the convention?
- PART B
What Convention was the first to establish basic requirements on training,
certification and watch keeping on an international level?
- STCW 1978 CONVENTION
How many years is the validity of the safety management certificate issued to a
ship by the Administration?
- 3 YEARS
Who will perform the performance of the carriage or part thereof that has been
entrusted to and remain liable for the entire carriage?
- PERFORMING CARRIER
When will the court may exonerate the carrier wholly or partly from his liability in
accordance with the provision of the law of the court?
- FAULT OF THE PASSENGER
The administration must verify the validity of a document of compliance every?
- YEARLY
What means a contract made by or on behalf of a carrier for the carriage by
sea of a passenger or of passenger and his luggage, as the case maybe?
- CONTRACT OF CARRIAGE
What means a person by or behalf of whom contract of carriage has been
concluded whether the carriage was actually performed by him or by
performing carrier?
- CARRIER
How many months is the validity of the Passenger Ship Safety Certificate issued
by the Administration?
- 12 MONTHS
What means the keel of which is laid, or which is at a similar stage of
construction, on or after the date of coming into force of present convention?
- NEW SHIP
When did the IMO adopted the International Convention for the Control and
Management of Ship’s Ballast Water and Sediments which is expected to enter
into force in early 2012?
- FEBRUARY 2004
What regulation that the BWMP is specific to each ship and shall include the
safety procedures for the ship and crew with respect to the BWM and actions
and procedures to implement the BWM?
- REGULATION B-1
What regulation that every ship shall keep a record of each Ballast Water
operation in the form of a BWRB?
- REGULATION B-2
What regulation requires the no ballast water treatment system = ballast water
exchange if your vessel does not have a ballast water treatment system
installed, you now need to perform ballast water exchange?
- REGULATION B-4
What means of the matter settled out of Ballast Water within a ship?
- SEDIMENTS
What are used to coat the bottoms of ships to prevent sea life such as algae
and molluscs attaching themselves to the hull thereby slowing down the ship
and increasing fuel consumption?
- ANTI-FOULING PAINTS
When was the IMO’s Marine Environment Protection Committee adopted a
resolution which recommended that Governments adopt measures to eliminate
the use of anti-fouling paint containing TBT on non-aluminum hulled vessels?
- 1990
What is the instrument of the indirect action aiming at preparation of legislation
in member states differing from the directions only by the absence of obligatory
power according to Article 288 of the European Union?
- RECOMMENDATION
How many months an Interim Safety Management should be issued for by the
Administration or an organization recognized by the Administration?
- NOT EXCEEDING 6 MONTHS
What resolution was adopted by the Assembly which invited all Government to
have the necessary step to safeguard the ship master in the proper discharge of
his responsibilities with regards to maritime safety and the protection of marine
environment?
- RESOLUTION 443 (XI)
What means survey within 3 months before or either of the second or the third
anniversary of the certificate which shall take place of one of the annual
surveys?
- INTERMEDIATE SURVEY
Which guidelines for shipping companies and owners to prepare their ship for
special survey to maintain the safety of the ship while at sea or at port?
- ENHANCED SURVEY PROGRAMMED
What is a survey intended to report on the overall condition of the hull structure
and determine the extent of additional close-up survey?
- OVERALL SURVEY
What is a survey where the details of structural components are within the close
visual inspection range of the surveyor preferably within reach of hand?
- CLOSE-UP SURVEY
Substantial corrosion is an extent if corrosion such that assessment of corrosion
pattern indicates a wastage in excess of allowable margins, but within
acceptable limit.
- 75%
What is an enhanced survey carried either at the second or third annual survey
or between these surveys?
- INTERMEDIATE ENHANCE SURVEY
What locations which have been identified from calculation to require
monitoring or from the service calculations to require monitoring or from the
service history of the subject ship or from similar or sister ships to be sensitive to
cracking, buckling or corrosion?
- CRITICAL STRUCTURE AREA
When was the Merchant Shipping Act allows the Secretary of State to make
regulations to secure the safety of ships and those on them?
- 1995
What is used to describe any operation which includes any transporting or
supporting of a load, lifting, putting down, pushing, pulling, carrying or moving
by hand or by bodily force?
- MANUAL HANDLING
Who is responsible for monitoring and assessing hazardous and unsafe situations
and developing measures to assure personnel safety?
- SAFETY OFFICER
Who is responsible for ensuring that the overall safety of the ship and that safety
on board is properly organized and coordinated?
- COMPANY
What is required if carrying out lifting activity in excess of 80% of any cranes
indicated load chart SWL of any given load mass?
- LIFTING PERMIT
What is defined as cutting, welding, soldering and brazing operations for
construction/demolition/maintenance/repair activities that involve the use of
portable gas or arc welding equipment?
- HOT WORK PERMIT
What should be held regularly on a specific day and time and at least on a
quarterly basis is planned well in advance, the members are then in a better
position to arrange for their attendance and prepare for discussion?
- SAFE COMMITTEE MEETINGS
What is a comprehensive set of measures to enhance the security developed in
response to the perceived threats to ships and port facilities?
- ISPS (International Ship and Port Facility Security)
What is safety measure for strengthening ship’s security and subduing acts of
piracy and/or terrorism against shipping?
- SSAS (Ship Security Alert System)
What is an agreement reached between a ship and either a port facility or
another ship which it interfaces, specifying the security measures each will
implement?
- DOS(Declaration of Security)
What security level for which further specific protective security measures shall
be maintained for a limited period of time when a security incident is probable
or imminent?
- LEVEL 3
What security level for which appropriate additional protective security
measures shall be maintained for a period of time as a result of heightened risk
of a security incident?
- LEVEL 2
What means the person designated by the company for ensuring that ship
security assessment is carried out, that a ship security plan is developed?
- COMPANY SECURITY OFFICER
What is the ISPS Code?
ISPS or the International Ship and Port Facility Security Code is an essential
maritime regulation for the safety and security of ships, ports, cargo and crew.
The cargo ships are vulnerable to security threats as they hardly carry any
weapon of protection in case of a real attack. Piracy, terrorist
attack, stowaways etc. are real-time threats haunting the ship and its crew.
Improved ship security will be required in order to identify and take preventive
measures against such security incidents.
The administration is responsible for reviewing and approving a ship security plan
for the ship, which will also include any amendments of old plans etc. The
company must train its officer for ship security officer certification and the
assessment of the ship security will be carried onboard by these certified officers
only. The timely assessment of the ship security plan (SSP) by a certified officer is
essential for finding shortcomings and enhancing the current SSP.
Includes:(CSO)(SSO)n(SSP)
Port facilities have to make sure that all the facilities are protected from any kind
of threats which may arise from both land and water. They also need to monitor
the ships which are coming to its shore from an international voyage for any
security risk.
It is the port facility which defines the security levels to be implemented on the
ships which are in its territorial waters. The Port managing company is responsible
for preparing the Port Facility Security Plan. The port facilities security assessment
is also an essential and integral part of the process of developing and updating
the port facility security plan. The assessment is usually assessed and reviewed by
the flag state or by the government organisation responsible for shipping and
port development for that country.
It includes the plans and action to be taken at different security levels. Roles and
responsibilities are included in PFSP. Action to be taken at the time of any
security breach is described in PFSP.
Security Equipment
Minimum security equipment like scanner and metal detector etc. must be
available at all times with the port facility to avoid the breach of security inside
the port.
Security levels are implemented by the port authority under the consultation of
local government authority. The security level adopted for the port facility must
be informed to vessel administration for cooperative measures.
Every regulation comes with its own challenges. The ISPS code is no different and
has the following concerns:
● Human rights are one of the biggest concerns with ISPS code as it directly
affects the seafarers’ wellbeing. Shore leave has always been considered
as an essential stress relief process for the ship’s crew, and due to the
security threats many countries are prohibiting shore leave for seafarers
● Proper implementation of ISPS code is another concern as not all the crew
are trained at the shore for ship security training.
● It also impacts on the daily activity of crew as it comes with additional
duties of security watch etc.
● Implementing the security level on the ship is also an additional job, which
is time-consuming.
● The port activities are also affected when the security level rises, leading
to slow down of cargo operation
● When the security level is at its highest level, the port stay of the ship will
increase as all the cargoes are checked as compared to lower security
level (1 & 2), wherein only a handful of cargoes are inspected for security
reasons
● Some ports do not allow any cargo operations under security level 3 until
the level is minimised.
● The ISPS aims to increase the safety and security of the ship hence
minimised the risk
● Better control of cargo flow, personal access
● Better documentation procedure (as it has standard procedures all over)
● Secured working environment making it easier for seafarers and port
workers
Disadvantages of ISPS:
2. What is the volume measured between decks and between the face of the
frames, sparrings or linings at the ship’s side?
a. gross volume of a space
b. gross volume of a ship
c. length of the ship
d. net total volume of a space
12. What does it mean, when the day and the month of each year
corresponding to the date of expiry if the Certificate?
a. renewal date
b. enforced date
c. expiry date
d. anniversary date
13. What is the total volumetric capacity or compartments of a ship used for
carrying loading or discharging ballast water?
a. ballast water capacity
b. tank capacity
c. cargo capacity
d. load capacity
14. What does it mean, when a conversion of the ship which changes its ballast
water carrying capacity by 15 percent or it is called?
a. capacity conversion
b. tank conversion
c. major conversion
d. slight conversion
15. What is a substance or organism fungus, that has a specific action against
harmful aquatic organisms
a. aquatic substance
b. active substance
c. pathogens substance
d. chemical substance
16. How many percent for flow through method of ballast water exchange
acceptable by port authorities as required for ballast water management?
a. 100%
b. 200%
c. 300%
d. 400%
17. What is the deep of sea water required for ships ballast water exchange?
a. less 200 meters
b. over 200 meters
c. less than 100 meters
d. less than 50 meters
19. What is termed, the overall size of a ship determined in accordance with the
provisions of the present convention?
A. Gross Tonnage
20. Who are responsible for ensuring the implementation of the rules for the ships
that fly its flag?
B. Flag States
21. What Code provides an International standard for the safe management
and operation of ships and for pollution prevention?
C. ISM CODE
25. When was the STCW Convention, 2010 amendments to enter into force?
B. Jan 1, 2012
26. What part of the STCW Code contains recommended guidance which is
intended to have Parties implement the Convention?
B. Part B
27. What Convention was the first to establish basic requirements on training,
certification and watch keeping on an international level?
C. STCW 1978 Convention
28. How many years is the validity of the safety management certificate issued
to a ship by the Administration?
B. 3 years
29. Who will perform for the performance of the carriage or part thereof has
been entrusted to and remain liable for the entire carriage?
C. Performing Carrier
30. When will the court may exonerate the carrier wholly or partly from this
liability in accordance provision of the law of that court?
A. Fault of the passenger
31. What does it mean a sea voyage from a country to which the present
Convention applies to a port outside such country, or conversely?
B. International Voyage
01. Which of the following is an international standard for the safe management
and operation of ships and for pollution prevention? International Safety
Management Code
02. What does the ISM Code require each owning and management company
to establish and ensure the safe operations of their fleet of ship? Safety
Management System
03. Which of the following is not covered in the application of the ISM Code?
Military ships & ships below 500 GT
04. What should the company as appropriate designate ashore to ensure the
safe operation of each ship and provide a link between the company and
those on board? Designated Person
4.1 What document is issued to a ship signifying that the company and its
shipboard management operate in accordance with the approved safety
management system? Safety Management Certificate
4.2 In accordance with the ISM Code, it means the statement of fact made
during a safety management audit and substantiated by the objective
evidence. Observation
4.3 What is established by the company that describes how the ISM Code’s
objectives are achieved and ensure that it is implemented at all levels in the
organization, both ship-based and shore-based? Safety and
Environmental-Protection Policy
4.4. Which of the following is to be ensured by the company that he is properly
qualified for the command, fully conversant with the company’s safety
management system, and given with the necessary support? Master
4.5 What document is issued to a company which complies with the
requirements of the ISM Code? Document of Compliance
4.6 Which of the following refers to an observed situation where objective
evidence indicates the non-fulfillment of a specified requirement?
Non-conformity
05. What does an acronym STCW ’78 Convention, as amended in 1995 mean?
International Convention on Standards of Training, Certification, and
Watchkeeping for Seafarers, 1978
06. It is a valid document issued by or under the authority of the Administration
or recognized by the Administration authorizing the holder to serve as stated in
this document or as authorized by national regulations. Certificate
07. To whom shall the STCW ’78, as amended in 1995 be applied as detailed in
the Article III? Seafarers serving on board ocean-going ships
08. It means a member of the ship’s crew other than the master or an officer.
Rating
09. What chapter of the STCW ’78 details the regulations on mandatory
minimum requirements for certification of officers in charge of a navigational
watch and masters and chief mates on ships of 500 gross tonnage and more?
Chapter II: Master and Deck Department
9.1 What chapter of the STCW ’78 details the regulations on mandatory
minimum requirements for certification of officers in charge of an engineering
watchin a manned engine-room or designated duty engineers in a periodically
unmanned engine-room on a seagoing ship powered by main propulsion
machinery of 750 kW propulsion power or more? Chapter III: Engine Department
9.2 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements for certification of chief engineer officers and second
engineer officers on ships powered by main propulsion machinery of 3,000 kW
propulsion power or more? Regulation III/2
9.3 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements for certification of mandatory minimum requirements for
certification of ratings forming part of a watch in a manned engine room or
designated to perform duties in a periodically unmanned engine-room?
Regulation III/
9.4 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements for certification of masters and chief mates on ships of
500 gross tonnage or more? Regulation II/2
9.5 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements forcertification of ratings forming part of a navigational
watch? Regulation II/4
Lesson 8: Special Trade Passenger Ships Agreement, 1971, and Rules, 1971 R82
(STP 1971) (4 items)
10. What ships are being referred to in the 1971 STPS Agreement that engage in
special trades and in countries the Governments of which are Contracting
Governments to the International Convention for the Safety of Life at Sea,
1960?Passenger Ships
11. When was the 1971 Special Trade Passenger Ships Agreement adopted by
the United Kingdom? October 6, 1971
12. The “General Obligations under the Agreement” of the 1971 Special Trade
Passenger Ships Agreement falls on which of the following Articles? Article I
13.5 What certificate in addition to the Passenger Ship Safety Certificate and the
Exemption Certificate prescribed in the Convention, is issued after inspection
and survey to a special trade passenger ship which complies with the
applicable requirements of these Rules? Special Trade Passenger Ship Safety
Cert.
Lesson 9: Protocol and Rules on Space Requirements for Special Trade Passenger
Ships, 1973 (SPACE STP 1973) (5 items)
14. In the Special Trade Passenger Ships (Space Requirements) Rules of 1973, it
means the interval between the time when the ship leaves the port at which the
voyage commences and the time when she arrives at the port where the
voyage terminates. Duration of voyage
15. What Rules are applied to new and existing special trade passenger ships
except that in relation to existing ships their application may be relaxed as
provided in Part III?Special Trade Passenger Ships (Space Requirements) Rules of
1973
16. What certificate is issued after an inspection and survey of a special trade
passenger ship which complies with the applicable requirements of the Special
Trade Passenger Ships (Space Requirements) Rules of 1973?Special Trade
Passenger Ship Space
17. In the Special Trade Passenger Ships (Space Requirements) Rules of 1973,
who shall assume full responsibility for the issued Special Trade Passenger Ship
Space Certificate? Administration
18. In the Rule 13 of the Special Trade Passenger Ships (Space Requirements)
Rules of 1973, which of the following is the size for the provided bunk for the
special trade passenger? Not less than 1.90 metres (6 feet 3 inches) long and
0.70 metres (2 feet 3 inches) wide
05. What does an acronym STCW ’78 Convention, as amended in 1995 mean?
International Convention on Standards of Training, Certification, and
Watchkeeping for Seafarers, 1978
06. It is a valid document issued by or under the authority of the Administration
or recognized by the Administration authorizing the holder to serve as stated in
this document or as authorized by national regulations. Certificate
07. To whom shall the STCW ’78, as amended in 1995 be applied as detailed in
the Article III? Seafarers serving on board ocean-going ships
08. It means a member of the ship’s crew other than the master or an officer.
Rating
09. What chapter of the STCW ’78 details the regulations on mandatory
minimum requirements for certification of officers in charge of a navigational
watch and masters and chief mates on ships of 500 gross tonnage and more?
Chapter II: Master and Deck Department
9.1 What chapter of the STCW ’78 details the regulations on mandatory
minimum requirements for certification of officers in charge of an engineering
watchin a manned engine-room or designated duty engineers in a periodically
unmanned engine-room on a seagoing ship powered by main propulsion
machinery of 750 kW propulsion power or more? Chapter III: Engine Department
9.2 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements for certification of chief engineer officers and second
engineer officers on ships powered by main propulsion machinery of 3,000 kW
propulsion power or more? Regulation III/2
9.3 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements for certification of mandatory minimum requirements for
certification of ratings forming part of a watch in a manned engine-room or
designated to perform duties in a periodically unmanned engine-room?
Regulation III/
9.4 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements for certification of masters and chief mates on ships of
500 gross tonnage or more? Regulation II/2
9.5 What regulation of the 1978 STCW Convention details the mandatory
minimum requirements forcertification of ratings forming part of a navigational
watch? Regulation II/4
Lesson 8: Special Trade Passenger Ships Agreement, 1971, and Rules, 1971 R82
(STP 1971) (4 items)
10. What ships are being referred to in the 1971 STPS Agreement that engage in
special trades and in countries the Governments of which are Contracting
Governments to the International Convention for the Safety of Life at Sea,
1960?Passenger Ships
11. When was the 1971 Special Trade Passenger Ships Agreement adopted by
the United Kingdom? October 6, 1971
12. The “General Obligations under the Agreement” of the 1971 Special Trade
Passenger Ships Agreement falls on which of the following Articles? Article I
13.4 What Rules, except where otherwise expressly provided, apply to new and
existing special trade Passenger ships? 1971 Special Trade Passenger Ships Rules
13.5 What certificate in addition to the Passenger Ship Safety Certificate and the
Exemption Certificate prescribed in the Convention, is issued after inspection
and survey to a special trade passenger ship which complies with the
applicable requirements of these Rules? Special Trade Passenger Ship Safety
Cert.
Lesson 9: Protocol and Rules on Space Requirements for Special Trade Passenger
Ships, 1973 (SPACE STP 1973) (5 items)
14. In the Special Trade Passenger Ships (Space Requirements) Rules of 1973, it
means the interval between the time when the ship leaves the port at which the
voyage commences and the time when she arrives at the port where the
voyage terminates. Duration of voyage
15. What Rules are applied to new and existing special trade passenger ships
except that in relation to existing ships their application may be relaxed as
provided in Part III?Special Trade Passenger Ships (Space Requirements) Rules of
1973
16. What certificate is issued after an inspection and survey of a special trade
passenger ship which complies with the applicable requirements of the Special
Trade Passenger Ships (Space Requirements) Rules of 1973?Special Trade
Passenger Ship Space
17. In the Special Trade Passenger Ships (Space Requirements) Rules of 1973,
who shall assume full responsibility for the issued Special Trade Passenger Ship
Space Certificate? Administration
18. In the Rule 13 of the Special Trade Passenger Ships (Space Requirements)
Rules of 1973, which of the following is the size for the provided bunk for the
special trade passenger? Not less than 1.90 metres (6 feet 3 inches) long and
0.70 meters (2 feet 3 inches) wide
Lesson 10: Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea (PAL 1974) (4 items)
19. In PAL 1974, it means a contract made by or on behalf of a carrier for the
carriage by sea of a passenger or of a passenger and his luggage, as the case
may be. Contract of Carriage
20. According to PAL 1974, which of the following describes the term luggage?
Any article or vehicle carried by the carrier under a contract of carriage
21. Which of the following is not included in the application of the PAL
Convention of 1974 in the international carriage? The place of departure or
destination, according to the contract of carriage, is not in a State Party to this
Convention
22. In PAL 1974, it means any carriage in which, according to the contract of
carriage, the place of departure and the place of destination is situated in two
different States, or in a single State if, according to the contract of carriage or
the scheduled itinerary, there is an intermediate port of call in another State.
International carriage
22.1 According to Athens Convention, it includes pecuniary loss resulting from
the luggage not having been re-delivered to the passenger within a reasonable
time after the arrival of the ship on which the luggage has been or should have
been carried, but does not include delays resulting from labor disputes.Loss of or
damage to luggage
Lesson 12: International Convention for the Control and Management of Ship's
Ballast Water and Sediments, 2004 (7 items)
29. According to the International Convention for the Control and Management
of Ship’s Ballast Water and Sediments, 2004, the term ship means a vessel of any
type whatsoever operating in the aquatic environment. Which one is not
included under its definition?Naval auxiliary ships
33. What certificate is issued when ship has been surveyed and her ballast water
management complies with the annex of the International Convention for the
Control and Management of Ship’s Ballast Water and Sediments,
2004.International Ballast Water Management Cert.
34. What document in compliance with BWM Convention, 2004 contains the
detailed safety procedures for the ship and the crew associated with Ballast
Water Management and for the disposal of sediments at sea and to shore?
Ballast Water Management Plan
34.1 It is the process of exchanging coastal water, which may be fresh water,
salt water or brackish water, for mid-ocean water. Ballast water exchange
34.2 What is the typical distance from the nearest land where the biologically
laden water taken on in the last port of call is flushed out of the ballast tanks with
open ocean water? 200 N. Miles
34.4 The Regulation B4 of the BWM Convention states that the conduct of water
exchange shall be made in a water of how many meters in depth? At least 200
m
34.6 A plan that includes training and education for ship’s crew on BWM
practices and the systems and procedures used on board the ship is known as:
Ballast Water Management
38. Which of the following is not covered in the application of the International
Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001?Any
warships, naval auxiliary, or other ships owned or operated by a Party and used,
for the time being, only on government noncommercial service
39. Which of the following is a guideline for shipping companies and owners to
prepare their ships for special surveys to maintain the safety of the vessel while
at sea or at a port? Enhanced Survey Program
Lesson 15: Code of Safe Working Practices for Merchant Seafarers (4 items)
43. What provides guidance on improving health and safety on board vessels
and articulates how statutory obligations should be fulfilled and is intended
primarily for merchant seafarers on UK registered vessels other than fishing
vessels and pleasure crafts? Code of Safe Working Practices for Merchant
Seafarers
44. A is intended to be a careful examination of what in the
nature of operations, could cause harm, so that decisions can be made as to
whether enough precautions have been taken or whether more should be
done to prevent harm. Risk Assessment
45. What chapter of the Code of Safe Working Practices for Merchant
Seafarersstates that employers are required to ensure the health and safety of
workers and other persons so far as possible, by the application of certain
principles, including the evaluation of unavoidable risks and the taking of action
to reduce them? Chapter 1: Risk assessment
46. The is the safety adviser aboard the ship under Chapter 3 (Safety
Officials) and provides valuable assistance to the company and to individual
employers in meeting the statutory responsibilities for health and safety as he is
familiar with the principles and practice of risk assessment, and should be
available to advise those preparing and reviewing risk assessments. Safety
Officer
46.1 What chapter of the Code of Safe Working Practices for Merchant
Seafarersstates that it is the responsibility of the employer to ensure that workers
are provided with suitable personal protective equipment where it is needed
and as a general rule, personal protective equipment should be supplied at no
cost to the worker? Chapter 4
Lesson 16: The International Ship and Port Facility Security Code (ISPS Code) (4
items)
47. Which of the following is a company appointed person responsible for the
ship security assessment and for the on-board survey to confirm the
development and implementation of the ship security plan as per ISPS code?
Company Security Officer
48. What was implemented by IMO on July 1st 2004 as a comprehensive set of
measurements for internationalsecurity by prescribing responsibilities to
government authority, port authority, shipping companies and seafarers?ISPS
code
49. The ISPS Code is written in two parts with an additional annex spelling out
particular requirements that ships have to comply with under the rules of SOLAS.
Which one below is mandatory with reference to XI-2 of the International
Convention for the Safety of Life at Sea, 1974 as amended? Part A
50. What security level shall the Ship Security Officer raise when further specific
protective security measures are maintained for a limited period of time if a
security incident is probable, or imminent, although it may not be possible to
identify the specific target? Security Level 3
50.1 Which of the following is not covered in the application of the ISPS code?
Warships and naval auxiliaries and state-owned vessels engaged in Government
non-commercial service
Convention Gross Volume of space - Volume measured between the decks and
between the face of the frames, sparring or linings of the ship’s side
9 months old child – Not considered as passenger Lower between the deck –
deck below the upper between deck
Rule 9 – Rule Special trade passenger ships (space requirement) 1973, “Spaces
not suitable for carriage of passengers”.
Anniversary Date – the day and the month of each year corresponding to the
date of expiry of the certificate.
Major conversion – when a conversion of a ship which changes its ballast water
carrying capacity by 15% or greater.
Active Substance – substance or organism or fungus that has a specific action
against harmful aquatic organisms and pathogens.
100% - Percent for flow through method of ballast water exchange acceptable
by port authorities as required for ballast water management.
Over 200 meters – Deep sea water required for all ships ballast water exchange
12. Where did UN hold its third Conference on the Law of the Sea? New York
13. What was the judgment of Permanent Court of Arbitration in Scarborough Shoal
dispute? 12 July 2016
14. When did Convention on Fishing and Conservation of Living Resources of the
High Seas come into force? 20 March 1966
15. When did UN hold its first Conference on the Law of the Sea? 1956
16. When did Convention on the Territorial Sea and Contiguous Zone come into
force? 10 September 1964
17. Where did UN hold its first Conference on the Law of the Sea? Geneva
19. When did Convention on the Continental Shelf come into force? 10 June 1964
12. “When securing the accommodation for sea, empty lockers don’t need to be
closed.”: 'False'.
13. Safety equipment is checked by the crew: before and during each voyage
14. Under the Occupational Health and Safety Acts, an employee is required to:
implement safety procs and use safety equipment appropriately
15. Warning signage information for restricted areas and emergency procedures:
should be known and implemented.
16. Under the Occupational Health and Safety Acts, an employer is required to:
provide training that ensures the health/safety at work of employees
18. Information on safety and hazard control practices and procedures on a vessel
is described in: the vessel‟s Safety Management Manual
19. Under “Duty of Care”, an employee: must stow all loose gear and equipment
below decks
20. Many hazards exist on a boat. The obligations to safety of a deckhand when
working with others. the obligation is continuous
MARLAW L2 NSE
12 – According to the 1982 convention, each country‟s sovereign territorial waters extend to
a maximum of how many nautical miles beyond its coast?
Up to 200 NM – Every coastal country may establish an exclusive economic zone (EEZ) of
how many Nautical Miles from the baseline?
UNCLOS – It is a convention described as a “constitution for the ocean, “representing an
attempt to codify international law regarding territorial waters, sea- lanes, and ocean
resources
Law of the Sea – The body of international law governing how countries used and control
the sea and its resources. Is known as:
Up to 12 NM of the territorial sea – Which is the following is the territorial distance of the
contiguous zone of a coastal state?
MARLAW L3 NSE
Construct artificial island and installations – Which of the following is not include in the
rights of a coastal state within its EEZ?
Innocent passage – According to UNCLOS ,___ is defined as passing through water in an
expeditious and continues manner, which is not prejudicial to the space, good order or the
security” of the coastal state.
United Nations Convention on the Law of the sea (UNCLOS) – What defines the rights and
responsibilities of nations with respect to their use of the world‟s ocean, establishing
guidelines for business, the environment, and the management of marine natural resources.
Territorial sea – It is this area where a state can continue to enforce laws in four specific
areas such as customs, taxation, immigration and pollution making it as the hot pursuit
area.
International Law of Sea Court – When two countries have been unable to reach agreement
for their boundary, who determines the decision for the settlement?
MARLAW
LAW - Which of the following is define as a body of rules decreed by the governing
authority of a state to control the relationship between the state and its member and control
the relationship among the members themselves for the purpose of establishing peace of
establishing peace and order in the society.
MARITIME LAW – The body of law governing marine commerce and navigation, the carriage
at sea of persons and property and marine affairs in general; the rules governing contract,
tort, and workers‟ compensation claims or relating to commerce on or over water, this
refers to?
UNITED NATIONS COUNCIL ON TRADE AND DEVELOPMENT (UNCTAD) - which of the
following does not belong to the international organizations involved in the improvement of
maritime affairs?
AGREEMENTS – Which of the following is not a source of maritime law?
PRIVATE LAW or CIVIL LAW – What refers to the body of rules concerning the rights of
individuals and or groups of individuals?
QUIZ 1
The “Area” - What is the commonly used English term for “the seabed and ocean floor and
subsoil thereof, beyond the limits of national jurisdiction”?
A vessel's passage is considered 'innocent' where it is not prejudicial to the peace, good
order or security of the coastal State - What kind of passage does qualify as „innocent
passage‟?
Rocks are the islands which cannot sustain human habitation or economic life of their own
- Which is a „rock‟ under the UN Convention of the Law of the Sea (UNCLOS)?
12 - The Freedom of the Seas doctrine customarily held that each coastal nation had
sovereignty over _____ miles of water off of their coast:
12 nautical miles (22 kilometres; 14 miles) from the baseline - How many nautical miles out
are considered “territorial waters”?
Testing nuclear weapons - Which of the following is NOT one of the freedoms of the high
seas set out in Article 87 of UNCLOS?
Between 1973 and 1982 - When did the third UN Convention on the Law of the Sea
Conference (UNCLOS III) take place?
Simulating distress - Which of the following Ruses of War are not permitted under rules of
naval warfare?
200 - The Law of the Sea holds that each coastal nation has exclusive economic rights over
_____ miles of water off of their coast:
The breadth and nature of the territorial sea regime - The first effort at codifying the law of
the sea, the 1930 Hague Codification Conference, focused on what issue?
QUIZ 2 GATU
Innocent – Passage is ____ if a ship refrains from engaging in certain prohibited activities,
including weapon testing, spying, smuggling, serious pollution, fishing, or scientific
research.
12 – The territorial sea is how many Nautical Miles from the baseline?
IMO – It is a convention described as a constitution for the ocean representing an attempt
to codify international law regarding territorial waters, sea-lanes, and ocean resources.
12 – According to the 1982 convention, each country‟s sovereign territorial waters extend to
a maximum of how many nautical miles beyond its coast?
Foreign Vessel – Which of the following are granted with the right of innocent passage
through the zone of 22 kms. beyond its coast?
Up to 200 NM – Every coastal country may establish an exclusive economic zone (EEZ) of
how many Nautical Miles from the baseline?
Law of the sea – The body of international law governing now countries use and control the
sea and its resources is known as:
Law of the sea – It is a branch of international law concerned with public order at sea and
much of this law is codified in the United Nations Convention on the law of the sea, signed
on December 10, 1982.
Up to 12 NM of the territorial sea – Which of the following is the territorial distance of the
contiguous zone of a coastal state?
Private Law – The point wherein the territorial sea is measured:
QUIZ 3 GATU
Nautical miles – Every state has the right to establish the breadth of its territorial sea up to
a limit not exceeding ___ measured from the baselines determined in accordance with this
convention.
Innocent passage – According to UNCLOS, ____ is defined as passing through waters in an
expeditious and continues manner, which is not “prejudicial to the peace, good order or the
country” of the coastal state.
Internal water – It covers all water and waterways on the landward side of the baseline
where the coastal state is free to set laws, regulate use, and use any resources and foreign
vessels have no right of passage.
United Nations Convention on the Law of the Sea (UNCLOS) – What defines the right and
responsibilities of nations with respect to their use of the world‟s oceans, establishing
guidelines for business, the environment, and the management of marine natural
resources?
Four – In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS
I) at Geneva, Switzerland that resulted to how many treaties concludes in 1958?
Contiguous zone – It is in this area where a state can continue to enforce laws in four
specific areas such as customs, taxation, immigration and pollution making it as the hot
pursuit area.
Right to exploit and regulate fisheries – Which of the following is not included in the right of
a coastal state within its EEZ?
International Law of the Sea Court – When two countries have been unable to reach
agreement for their boundary, who determines the decision for the settlement?
200 NM – Exclusive economic zone shall not extent beyond ___ from the baselines from
which the breath of the territorial sea
10 September 1964 – In what year did the convention on the Territorial Sea and Contiguous
Zone enter into Force?
QUIZ 4 GATU
Load line – It is a special marking positioned amidships which depicts the draft of the
vessel and the maximum permitted limit in distinct
Load lines - These are horizontal lines extending forward and aft from a vertical line placed
at a distance of 540mm from the center of the disc which measure 230mm by 23mm.
International Load Line Certificate – Which of the following is issued to every ship that has
been surveyed and marked in accordance with the assigned freeboard and fresh water
allowance?
Freeboard – In load line, what is the term used to the vertical distance edges of the
respective load lines as stated on the load line certificate?
Three months either way of the certificate‟s anniversary date – The annual survey for
endorsement of load Line Certificate must be held within _____
Statutory freeboard – The vertical distance between the center of the ring and the upper
edge of the deck line;
Deck line – It is horizontal line measuring 300mm by 25mm. It passes through the upper
surface of the freeboard.
International Convention on Load lines (CLL) – What was signed in London on 5 April 1966,
amended by the 1988 Protocol and further revised in 2003?
Loan Line Disc – It is the 300mm diameter and 25mm thick round shapes disc intersected
by a horizon line whose upper edge of the horizontal line mark the Summer salt water line‟
Also Known as Plimsol Line.
Chapter 1 – What chapter of the SOLAS Convention includes regulations concerning the
survey of the various types of the ship and the issuing of documents signifying that the
ship meets the requirements of the convention?
Chapter III – What SOLAS convention chapter includes requirements for life –saving
appliances and arrangement, including requirements for life boats, rescue boats and life
jackets according to type of ship?
14 – The current SOLAS Convention includes Articles setting out general obligations,
amendment procedure and so on, followed by an Annex divided into how many chapters?
SOLAS Convention – Which of the following is an international convention whose main
objective is to specify minimum standards for the construction, equipment and operation of
ships, compatible with their safety?
Chapter II-2 – What SOLAS convention chapter gives the details on fire protection, fire
detection and fire extinction for all ships and specific measures for passenger ships, cargo
ships tankers?
GATU
IMO – A specialized agency to the United Nations that is responsible for measures to
improve the Safety and security of international shipping and to prevent marine pollution
from ships.
Flag state jurisdiction – In what state that vessel is registered or licensed?
May 25, 1980 – When was SOLAS came into force?
July 7, 1978 – When was STCW signed?
Administrative procedures - Are set or system of rules that govern the procedures for
managing an organization. These procedures are meant to establish efficiency, consistency,
responsibility, and accountability.
Port state jurisdiction - Control the regulatory mechanism through which a port state
asserts and exercises its jurisdiction.
SOLAS - It is an International maritime treaty which requires signatory flag states to ensure
that ships flagged by them comply with minimum safety standards in construction,
equipment and operation.
STCW - Sets qualification standards for masters, officers and watch personnel on seagoing
merchant ships.
10 September 1964 – When did convention on the territorial Sea and Contiguous zone come
into force?
1956 – When did UN hold its first conference on the Law of the Sea?
Geneva – Where did UN hold its first Conference on the Law of the sea?
30 September 1962 – When did convention on high seas come into force?
10 June 1964 – When did convention on the Continental Shelf come into force?
20 March 1966 - When did Convention on fishing and Conversation of Living Resources of
the high seas come into force?
United states - Which of the UN member states below has signed UNCLOS 111?
The area - What is the commonly used English term for “the seabed and ocean floor and
subsoil thereof, beyond the limits of national jurisdiction”?
The breath and nature of the territorial sea regime - The first effort at codifying the law of
the sea, the 1930 Hague Codification, Conference, focused on what issue?
between 1973 and 1982 - When did the third UN convention on the Law of the Sea
Conference (UNCLOS 111) take place?
10 December 1982 - When did UNCLOS 111 started the signing on?
Constitution for the oceans - The United Nations Convention on the Law of the
Sea(UNCLOS), also called?
What is the commonly used English term for “the seabed and ocean floor and subsoil
thereof, beyond the limits of national jurisdiction”?
The “Area”
What kind of passage does qualify as „innocent passage‟?
A vessel's passage is considered 'innocent' where it is not prejudicial to the peace, good
order or security of the coastal State
Which is a „rock‟ under the UN Convention of the Law of the Sea (UNCLOS)?
Rocks are the islands which cannot sustain human habitation or economic life of their own
The Freedom of the Seas doctrine customarily held that each coastal nation had
sovereignty over _____ miles of water off of their coast:
12
How many nautical miles out are considered “territorial waters”?
12 nautical miles (22 kilometres; 14 miles) from the baseline
Which of the following is NOT one of the freedoms of the high seas set out in Article 87 of
UNCLOS?
Testing nuclear weapons
When did the third UN Convention on the Law of the Sea Conference (UNCLOS III) take
place?
Between 1973 and 1982
Which of the following Ruses of War are not permitted under rules of naval warfare?
Simulating distress
The Law of the Sea holds that each coastal nation has exclusive economic rights over
_____ miles of water off of their coast:
200
The first effort at codifying the law of the sea, the 1930 Hague Codification Conference,
focused on what issue?
The breadth and nature of the territorial sea regime
MARLAW QUIZ 3
When did Convention on the Territorial Sea and Contiguous Zone come into force?
10 September 1964
When did Convention on Fishing and Conservation of Living Resources of the High Seas
come into force?
20 March 1966
When did UN hold its first Conference on the Law of the Sea?
1956
Where did UN hold its first Conference on the Law of the Sea?
Geneva
Where did UN hold its third Conference on the Law of the Sea?
New York
MARLAW QUI Z 3
When did Convention on the Territorial Sea and Contiguous Zone come into force?
10 September 1964
When did Convention on Fishing and Conservation of Living Resources of the High Seas
come into force?
20 March 1966
When did UN hold its first Conference on the Law of the Sea?
1956
Where did UN hold its first Conference on the Law of the Sea?
Geneva
Where did UN hold its third Conference on the Law of the Sea?
New York
When did Convention on the High Seas come into force?
30 September 1962
QUIZ 5
Under the Occupational Health and Safety Acts, an employee is required to:
The correct answer is: implement safety procs and use safety equipment
appropriately
Under the Occupational Health and Safety Acts, an employer is required to:
The correct answer is: provide training that ensures the health/safety at
work of employees
QUIZ 4
The area – What id the commonly used English term for “the seabed and ocean floor and
subsoil thereof, beyond the limits of national jurisdiction”?
A vessel‟s passage is considered „innocent‟ where it is not prejudicial to the peace, good
order or security of the coastal state – What kind of passage does qualify as „innocent
passage‟?
Rock are the islands which cannot sustain human habilitation or economic life of their
own- Which is a “Rock “ Under the UN Convention of the law of the Sea (UNCLOS)?
12 – The Freedom of the Seas Doctrine customarily held that each coastal nation had
sovereignty over ___ miles of water off their coast:
12 nautical mile ( 22 kilometers, 14 miles ) from the baseline – How many nautical miles
out are considered “ territorial waters “?
Testing nuclear Weapons – Which of the following is NOT o-ne of the freedoms of the
high seas set out in Article 87 of UNCLOS?
Between 1973 and 1982 – When the third UN Convention on the Law of the Sea
Conference ( UNCLOS III) take place?
Simulation distress – Which of the following Ruses of war are not permitted under rules
of naval warfare?
200 – The Law of the holds that each coastal nation has exclusive economic right over
___ miles of water off of their coast
The breath and nature of the territorial sea regime – The first effort at codifying the law
of the seas, the 1030 Hague Codification Conference, focused on what issue?
MARLAW QUIZ 3
16 November 1994 - When did UNCLOS come into force?
10 September 1964 – When did Convention on the Territorial Sea and Contiguous Zone
com into force?
20 March 1966 - When did Convention on Fishing and Conservation of Living Resources
of the High Seas come into force?
China – Which country rejected the judgement of permanent Court of Arbitration in
Scarborough Shoal Dispute?
1956 – When did UN hold its first Conference on the Law of the sea?
Geneva – Where did UN hold its first Conference on the law of the sea?
New York – Where did UN hold its third Conference on the Law of the sea?
30 September 1962 –When did Convention on the High Seas come into force?
10 June 1964 – When did convention on the Continental Shelf come into force?
12 July 2016 – What was the judgement of permanent court of Arbitration in
Scarborough Shoal disputed?
The obligation is continuous – Many hazards exist on a boat. The obligations to safety of
a deckhand working with others
False – Smoking is only permitted I the galley between meals
Implementing safety procs and use safety equipment appropriately – Under the
Occupational Health and Safety Acts, an employee is required to:
Before and during each voyage – Safety equipment is checked by the crew:
Must allow loose gear and equipment below decks – Under “ Duty of Care “,an employee
Three years from date of manufacture – Distress flares need to be renewed every:
The Vessel‟s Safety Management Manual – Information on safety and Hazard control
practices and procedure on a vessel is described in:
False – When securing the accommodation for sea, empty lockers Don‟t need to be
closed
Provide training that ensures the health/ at work of employees – Under the
Occupational Health and Safety Acts, an employer is required to:
Should be known and implemented – Warning signage information for restricted areas
and emergency procedures:
MARLAW REVIEWER
Lesson 1. Introduction to Maritime Law
Introduction
The definition of technical terms related to Maritime Law.
What is admiralty?
It is:
a court that exercises jurisdiction overall maritime contracts,
torts, injuries, or offenses;
the system of jurisprudence that has grown out of the practice of
admiralty courts;
narrowly, the rules governing contract, tort, and workers'-
compensation claims arising out of commerce on or over
navigable water.
What is Maritime law?
The body of law governing marine commerce and navigation, the carriage at sea of
persons and property, and marine affairs in general; the rules governing contract,
tort, and workers'-compensation claims or relating to commerce on or over water. --
Also termed admiralty, admiralty law, sea law.
Law of the sea:
The body of international law governing how countries use and control the sea and
its resources.
Maritime Law, branch of law relating to commerce and navigation on the high seas
and on other navigable waters. Specifically, the term refers to the body of customs,
legislation, international treaties, and court decisions pertaining to ownership and
operation of vessels, transportation of passengers and cargo on them, and rights
and obligations of their crews while in transit.
History, Scope and Background of Maritime Law
History
The origins of maritime law go back to antiquity. Because no country has
jurisdiction over the seas, it has been necessary for nations to reach agreements
regarding ways of dealing with ships, crews, and cargoes when disputes arise. The
earliest agreements were probably based on a body of ancient customs that had
developed as practical solutions to common problems. Many of these customs
became part of Roman civil law. After the fall of the Roman Empire, maritime
commerce was disrupted for about 500 years.
After maritime activity was resumed in the Middle Ages, various disputes arose
and laws were formulated to deal with them. Gradually the laws of the sea were
compiled; among the best-known collections of early maritime law are the Laws of
Oleron and the Black Book of the Admiralty, an English compilation prepared
during the 14th and 15th centuries. Special courts to administer sea laws were set
up in some countries. In Britain today, maritime law is administered by courts of
the admiralty.
Beyond its territorial waters, every coastal country may establish an exclusive
economic zone (EEZ) extending 200 nautical miles (370 km) from shore. Within the
EEZ the coastal state has the right to exploit and regulate fisheries, construct
artificial islands and installations, use the zone for other economic purposes (e.g.,
the generation of energy from waves), and regulate scientific research by foreign
vessels. Otherwise, foreign vessels (and aircraft) are entitled to move freely through
(and over) the zone.
About the seabed beyond territorial waters, every coastal country has exclusive
rights to the oil, gas, and other resources in the seabed up to 200 nautical miles
from shore or to the outer edge of the continental margin, whichever is the further,
subject to an overall limit of 350 nautical miles (650 km) from the coast or 100
nautical miles (185 km) beyond the 2,500-metre isobath (a line connecting equal
points of water depth). Legally, this area is known as the continental shelf, though
it differs considerably from the geological definition of the continental shelf. Where
the territorial waters, EEZs, or continental shelves of neighboring countries overlap,
a boundary line must be drawn by agreement to achieve an equitable solution.
Many such boundaries have been agreed upon, but in some cases when the
countries have been unable to reach agreement the boundary has been determined
by the International Court of Justice (ICJ; e.g., the boundary between Bahrain and
Qatar) or by an arbitration tribunal (e.g., the boundary between France and the
United Kingdom). The most common form of boundary is an equidistance line
(sometimes modified to take account of special circumstances) between the coasts
concerned.
The high seas lie beyond the zones described above. The waters and airspace of this
area are open to use by all countries, except for those activities prohibited by
international law (e.g., the testing of nuclear weapons). The bed of the high seas is
known as the International Seabed Area (also known as “the Area”), for which the
1982 convention established a separate and detailed legal regime. In its original
form this regime was unacceptable to developed countries, principally because of
the degree of regulation involved, and was subsequently modified extensively by a
supplementary treaty (1994) to meet their concerns. Under the modified regime the
minerals on the ocean floor beneath the high seas are deemed “the common
heritage of mankind,” and their exploitation is administered by the International
Seabed Authority (ISA). Any commercial exploration or mining of the seabed is
carried out by private or state concerns regulated and licensed by the ISA, though
thus far only exploration has been carried out. If or when commercial mining
begins, a global mining enterprise would be established and afforded sites equal in
size or value to those mined by private or state companies. Fees and royalties from
private and state mining concerns and any profits made by the global enterprise
would be distributed to developing countries. Private mining companies are
encouraged to sell their technology and technical expertise to the global enterprise
and to developing countries.
On many issues the 1982 convention contains precise and detailed regulations (e.g.,
on innocent passage through territorial waters and the definition of the continental
shelf), but on other matters (e.g., safety of shipping, pollution prevention, and
fisheries conservation and management) it merely provides a framework, laying
down broad principles but leaving the elaboration of rules to other treaties.
Regarding the safety of shipping, detailed provisions on the safety and
seaworthiness of ships, collision avoidance, and the qualification of crews are
contained in several treaties adopted under the auspices of the International
Maritime Organization (IMO), a specialized agency of the United Nations (UN).
The IMO also has adopted strict antipollution standards for ships. Pollution of the
sea from other sources is regulated by several regional treaties, most of which have
been adopted under the aegis of the United Nations Environment Programme. The
broad standards for fisheries conservation in and management of the EEZ (where
most fishing takes place) laid out in the 1982 convention have been supplemented
by nonbinding guidelines contained in the Code of Conduct for Responsible
Fisheries adopted in 1995 by the UN Food and Agriculture Organization. Principles
of management for high seas fishers are laid down in the UN fish stocks treaty
(1995), which manages straddling and highly migratory fish stocks, and in detailed
measures adopted by several regional fisheries commissions.
Countries first attempt to settle any disputes stemming from the 1982 convention
and its provisions through negotiations or other agreed-upon means of their choice
(e.g., arbitration). If such efforts prove unsuccessful, a country may, subject to some
exceptions, refer the dispute for compulsory settlement by the UN International
Tribunal for the Law of the Sea (located in Hamburg, Ger.), by arbitration, or by the
ICJ. Resort to these compulsory procedures has been quite limited.
Lesson 3: United Nations Conventions on the law of the Sea
United Nations Convention on the Law of the Sea (UNCLOS)
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 the international
agreement that resulted from the third United Nations Conference on the Law of
the Sea (UNCLOS III), which took place between 1973 and 1982. The Law of the
Sea Convention defines the rights and responsibilities of nations with respect to
their use of the world's oceans, establishing guidelines for businesses, the
environment, and the management of marine natural resources. The Convention,
concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a
year after Guyana became the 60th nation to ratify the treaty. As of June 2016, 167
countries and the European Union have joined in the Convention. 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 UN has no direct operational role in the implementation of
the Convention. There is, however, a role played by organizations such as the
International Maritime Organization, the International Whaling Commission, and
the International Seabed Authority (ISA). (The ISA was established by the UN
Convention.)
UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th
century: national rights were limited to a specified belt of water extending from a
nation's coastlines, usually 3 nautical miles (5.6 km) (Three-mile limit), according to
the 'cannon shot' rule developed by the Dutch jurist Cornelius van Bynkershoek.
All waters beyond national boundaries were considered international waters: free
to all nations but belonging to none of them (the mare liberum principle
promulgated by Hugo Grotius).
In the early 20th century, some nations expressed their desire to extend national
claims: to include mineral resources, to protect fish stocks, and to provide the
means to enforce pollution controls. (The League of Nations called a 1930
conference at The Hague, but no agreements resulted.) Using the customary
international law principle of a nation's right to protect its natural resources,
President Harry S. Truman in 1945 extended United States control to all the natural
resources of its continental shelf. Other nations were quick to follow suit. Between
1946 and 1950, Chile, Peru, and Ecuador extended their rights to 200 nautical miles
(370 km) to cover their Humboldt Current fishing grounds. Other nations extended
their territorial seas to 12 nautical miles (22 km).
By 1967, only 25 nations still used the old 3-mile (4.8 km) limit,[citation needed]
while 66 nations had set a 12-nautical-mile (22 km) territorial limit[citation needed]
and eight had set a 200-nautical-mile (370 km) limit.[citation needed] As of 28 May
2008, only two countries still use the 3-mile (4.8 km) limit: Jordan and Palau.[6]
That limit is also used in certain Australian islands, an area of Belize, some
Japanese straits, certain areas of Papua New Guinea, and a few British Overseas
Territories, such as Anguilla.
UNCLOS I
Territorial waters claim by coastal states in 1960
Breadth claim Number of states
3-mile limit 26
4-mile limit 3
5-mile limit 1
6-mile limit 16
9-mile limit 1
10-mile limit 2
12-mile limit 34
>12-miles 9
Unspecified 11
In 1956, the United Nations held its first Conference on the Law of the
Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS I resulted in four treaties
concluded in 1958:
Convention on the Territorial Sea and Contiguous Zone, entry into force: 10
September 1964
Non-parties
The convention was opened for signature on 10 December 1982 and entered into
force on 16 November 1994 upon deposition of the 60th instrument of ratification.
The convention has been ratified by 168 parties, which includes 167 states (164-
member states of the United Nations plus the UN Observer state Palestine, as well
as the Cook Islands, Niue and the European Union).
Lesson 4: International Convention on Loadlines 1966 (LL 1966) as amended
International Convention on Load Lines
The International Convention on Load Lines (CLL), was signed in London on 5
April 1966, amended by the 1988 Protocol and further revised in 2003. The
convention pertains specifically to a ship's load line (also referred to as the
"waterline"), a marking of the highest point on a ship's hull that can safely meet the
surface of the water; a ship that is loaded to the point where its load line is
underwater and no longer visible has exceeded its draft and is in danger because its
capacity has been exceeded.
The 1988 Protocol was adopted to harmonise the survey and certification
requirement of the 1966 Convention with those contained in the International
Convention for the Safety of Life at Sea (SOLAS) and MARPOL 73/78.
In accordance with the International Convention on Load Lines (CLL 66/88), all
assigned load lines must be marked amidships on each side of the ships engaged in
international voyages. The determinations of the freeboard of ships are calculated
and/or verified by classification societies which issue International Load Line
Certificates in accordance with the legislation of participating States.
Provisions
The Convention provides for the terms of ship's surveys, issuance, duration,
validity and acceptance of International Load Line Certificates, as well as relevant
State control measures, agreed exemptions and exceptions.
Annexes to the Convention contain various regulations for determining load lines,
including details of marking and verification of marks, conditions of assignment of
freeboard, freeboard tables and corrections, special provisions for ships intended
for the carriage of timber and the prescribed form of International Load Line
Certificates.
According to the Annexes to the Convention, also taken into account are the
potential hazards present in different zones and different seasons and additional
safety measures concerning doors, hatchways etc.
Lesson 5: International Convention for the Safety of Life at Sea 1977 as amended
(SOLAS)
International Convention for the Safety of Life at Sea (SOLAS), 1974
Adoption: 1 November 1974; Entry into force: 25 May 1980
The SOLAS Convention in its successive forms is generally regarded as the most
important of all international treaties 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. The 1974 version includes the tacit
acceptance procedure - which provides that an amendment shall enter into force on
a specified date unless, before that date, objections to the amendment are received
from an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous
occasions. The Convention in force today is sometimes referred to as SOLAS, 1974,
as amended.
Technical provisions
The main objective of the SOLAS Convention is 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 as
proof that this has been done. Control provisions also allow 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. The
current SOLAS Convention includes Articles setting out general obligations,
amendment procedure and so on, followed by an Annex divided into 14 Chapters.
Chapter I - General Provisions
Includes regulations concerning the survey of the various types of ships and the
issuing of documents signifying that the ship meets the requirements of the
Convention. The Chapter also includes provisions for the control of ships in ports
of other Contracting Governments.
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical
installations
The subdivision of passenger ships into watertight compartments must be such that
after assumed damage to the ship's hull the vessel will remain afloat and stable.
Requirements for watertight integrity and bilge pumping arrangements for
passenger ships are also laid down as well as stability requirements for both
passenger and cargo ships.
The degree of subdivision - measured by the maximum permissible distance
between two adjacent bulkheads - varies with ship's length and the service in
which it is engaged. The highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to
ensure that services which are essential for the safety of the ship, passengers and
crew are maintained under various emergency conditions.
"Goal-based standards" for oil tankers and bulk carriers were adopted in
2010, requiring new ships to be designed and constructed for a specified design life
and to be safe and environmentally friendly, in intact and specified damage
conditions, throughout their life. Under the regulation, ships should have adequate
strength, integrity and stability to minimize the risk of loss of the ship or pollution
to the marine environment due to structural failure, including collapse, resulting in
flooding or loss of watertight integrity.
Chapter II-2 - Fire protection, fire detection and fire extinction
Includes detailed fire safety provisions for all ships and specific measures for
passenger ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical
zones by thermal and structural boundaries; separation of accommodation spaces
from the remainder of the ship by thermal and structural boundaries; restricted use
of combustible materials; detection of any fire in the zone of origin; containment
and extinction of any fire in the space of origin; protection of the means of escape or
of access for fire-fighting purposes; ready availability of fire-extinguishing
appliances; minimization of the possibility of ignition of flammable cargo vapour.
Chapter III - Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and arrangements,
including requirements for life boats, rescue boats and life jackets according to type
of ship. The International Life-Saving Appliance (LSA) Code gives specific technical
requirements for LSAs and is mandatory under Regulation 34, which states that all
life-saving appliances and arrangements shall comply with the applicable
requirements of the LSA Code.
Chapter IV – Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System
(GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and
upwards on international voyages are required to carry equipment designed to
improve the chances of rescue following an accident, including satellite emergency
position indicating radio beacons (EPIRBs) and search and rescue transponders
(SARTs) for the location of the ship or survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to
provide radiocommunication services as well as ship requirements for carriage of
radiocommunications equipment. The Chapter is closely linked to the Radio
Regulations of the International Telecommunication Union.
Chapter V - Safety of navigation
Chapter V identifies certain navigation safety services which should be provided by
Contracting Governments and sets forth provisions of an operational nature
applicable in general to all ships on all voyages. This is in contrast to the
Convention as a whole, which only applies to certain classes of ship engaged on
international voyages.
The subjects covered include the maintenance of meteorological services for ships;
the ice patrol service; routeing of ships; and the maintenance of search and rescue
services.
This Chapter also includes a general obligation for masters to proceed to the
assistance of those in distress and for Contracting Governments to ensure that all
ships shall be sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and
automatic ship identification systems (AIS).
Chapter VI - Carriage of Cargoes
The Chapter covers all types of cargo (except liquids and gases in bulk) "which,
owing to their particular hazards to ships or persons on board, may require special
precautions". The regulations include requirements for stowage and securing of
cargo or cargo units (such as containers). The Chapter requires cargo ships carrying
grain to comply with the International Grain Code.
Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the
classification, packing, marking, labelling and placarding, documentation and
stowage of dangerous goods. Contracting Governments are required to issue
instructions at the national level and the Chapter makes mandatory the
International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which
is constantly updated to accommodate new dangerous goods and to supplement or
revise existing provisions.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the
documentation, stowage and segregation requirements for these goods and
requires reporting of incidents involving such goods.
Part B covers Construction and equipment of ships carrying dangerous liquid
chemicals in bulk and requires chemical tankers to comply with the International
Bulk Chemical Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk
and gas carriers to comply with the requirements of the International Gas Carrier
Code (IGC Code).
Part D includes special requirements for the carriage of packaged irradiated nuclear
fuel, plutonium and high-level radioactive wastes on board ships and requires
ships carrying such products to comply with the International Code for the Safe
Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level
Radioactive Wastes on Board Ships (INF Code).
The chapter requires carriage of dangerous goods to be in compliance with the
relevant provisions of the International Maritime Dangerous Goods Code (IMDG
Code).
Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and is particularly concerned
with radiation hazards. It refers to detailed and comprehensive Code of Safety for
Nuclear Merchant Ships which was adopted by the IMO Assembly in 1981.
Chapter IX - Management for the Safe Operation of Ships
The Chapter makes mandatory the International Safety Management (ISM) Code,
which requires a safety management system to be established by the shipowner or
any person who has assumed responsibility for the ship (the "Company").
Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed
Craft (HSC Code).
Chapter XI-1 - Special measures to enhance maritime safety
The Chapter clarifies requirements relating to authorization of recognized
organizations (responsible for carrying out surveys and inspections on
Administrations' behalves); enhanced surveys; ship identification number scheme;
and port State control on operational requirements.
Chapter XI-2 - Special measures to enhance maritime security
Regulation XI-2/3 of the chapter enshrines the International Ship and Port
Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B
contains guidance as to how best to comply with the mandatory requirements.
Regulation XI-2/8 confirms the role of the Master in exercising his professional
judgement over decisions necessary to maintain the security of the ship. It says he
shall not be constrained by the Company, the charterer or any other person in this
respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert
system.
Regulation XI-2/6 covers requirements for port facilities, providing among other
things for Contracting Governments to ensure that port facility security
assessments are carried out and that port facility security plans are developed,
implemented and reviewed in accordance with the ISPS Code. Other regulations in
this chapter cover the provision of information to IMO, the control of ships in port,
(including measures such as the delay, detention, restriction of operations
including movement within the port, or expulsion of a ship from port), and the
specific responsibility of Companies.
Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in
length.
Chapter XIII - Verification of compliance
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A
of the International Code for Ships Operating in Polar Waters (the Polar Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date. See
History of SOLAS.
Amendments adopted by the Maritime Safety Committee (MSC) are listed in MSC
Resolutions
MARLAW
(Maritime Law)
Introduction
Maritime law, also known as admiralty law, is a body of laws, conventions, and
treaties that govern private maritime business and other nautical matters, such as
shipping or offenses occurring on open water. International rules, governing the use of
the oceans and seas, are known as the Law of the Sea.
In most developed nations, the maritime law follows a separate code and is an
independent jurisdiction from national laws. The United Nations (UN), through the
International Maritime Organization (IMO), has issued numerous conventions that can be
enforced by the navies and coast guards of countries that have signed the treaty
outlining these rules. Maritime law governs many of the insurance claims relating to
ships and cargo; civil matters between shipowners, seamen, and passengers; and
piracy.
Additionally, the maritime law regulates the registration, license, and inspection
procedures for ships and shipping contracts, maritime insurance, and the carriage of
goods and passengers.
History
The origins of maritime law go back to antiquity. Because no country has jurisdiction
over the seas, it has been necessary for nations to reach agreements regarding ways of
dealing with ships, crews, and cargoes when disputes arise. The earliest agreements
were probably based on a body of ancient customs that had developed as practical
solutions to common problems. Many of these customs became part of Roman civil law.
After the fall of the Roman Empire, maritime commerce was disrupted for about 500
years.
After maritime activity was resumed in the Middle Ages, various disputes arose and
laws were formulated to deal with them. Gradually the laws of the sea were compiled;
among the best-known collections of early maritime law are the Laws of Oleron and the
Black Book of the Admiralty, an English compilation prepared during the 14th and 15th
centuries. Special courts to administer sea laws were set up in some countries. In
Britain today, maritime law is administered by courts of the admiralty.
Liability for common-law wrongs is enforced by the maritime law of the United
States and the United Kingdom (see Common Law; Tort). Maritime torts include all
illegal acts or direct injuries arising in connection with commerce and navigation
occurring on navigable waters, including negligence and the wrongful taking of
property. The law permits recovery only for actual damages. Maritime law also
recognizes and enforces contracts and awards damages for failure to fulfill them.
The adjustment of the rights of the parties to a maritime venture in accordance with
the principles of general average, which pertain to the apportioning of loss of cargo, is
also an important function of maritime courts, and the doctrines pertaining to general
average are among the most important of the maritime law. The British admiralty courts
have acquired jurisdiction by statute over crimes committed on the high seas outside
the territorial waters of the United Kingdom. Similar jurisdiction has been conferred by
Congress on the U.S. federal district courts. International agreements have been made
to handle the problems of safety at sea, pollution control, salvage, rules for preventing
collisions, and coordination of shipping regulations.
Some aspects of ocean law affect relationships among nations. Issues of neutrality
and belligerency that occur in wartime are dealt with in international law. The United
Nations Convention on the Law of the Sea, adopted in 1982 but not yet in force,
addresses ocean law issues, including rights of navigation and overflight, fishing,
marine scientific research, seabed minerals development, and marine environmental
protection. It allows each coastal nation to exercise sovereignty over a territorial sea up
to 12 nautical miles (22 km/14 mi) wide and jurisdiction over resources, scientific
research, and environmental protection in an exclusive economic zone up to 200
nautical miles (370 km/230 mi) offshore; beyond this zone, seabed minerals
development will be regulated by an international body. The U.S. has not signed the
accord because it objects to the system for minerals development in the international
seabed, but it has generally endorsed all other provisions of the convention.
Background:
Admiralty, or maritime law, is the private law of navigation and shipping and
covers inland as well as marine waters. It is the entire body of laws, rules, legal
concepts and procedures that relate to the use of marine resources, ocean commerce,
and navigation. Maritime law was shaped by the practical needs of those countries
bordering the Mediterranean Sea involved in maritime commerce, the roots of which
are traced as far back as 900 B.C. Usually, the need was for legal solutions that had no
application on land, therefore, as medieval codes began to emerge in port cities and
states of Europe, the customs of mariners and merchants played a large part in the
development of maritime laws. These early codes and customary law practices served
to shape the current U. S. maritime law. The contracts, torts, offenses or injuries which
are results of involvement in sea navigation or commerce make up this unique body of
law.
The term, admiralty, specifically refers to the British courts in England and the
American colonies, separate courts that traditionally exercised jurisdiction over all
regulations and handling of disputes relating to sea navigation and commerce. The
American courts in practice adopted English law and procedure but chose early on to
include national subject matter jurisdiction. The American colonies after the Revolution
provided, through the Judiciary Act of 1789 and Article III § 2 of the U.S. Constitution,
exclusive jurisdiction to the federal district courts over admiralty and maritime matters.
The U.S. Congress regulates admiralty through the Commerce Clause and provides
national uniform rules which prevail in admiralty claims in national or international
shipping and commerce. The admiralty courts have limited jurisdiction but have
remained a separate entity. They have expanded to include all activities on both the high
seas and navigable waters.
Much of U.S. maritime law has evolved through international maritime law in
concert with maritime laws of other countries. Federal statutes dealing with maritime
issues have been customized, with a basis coming from international treaties and
resolutions.
Maritime law was subsequently greatly influenced and formed by the English
Admiralty Court and then later by the common law itself. That maritime law is a
complete legal system can be seen from its component parts. For centuries maritime
law has had its own law of contract:
It is and has been a national and an international law (probably the first private
international law). It also has had its own public law and public international law.
Maritime law is composed of two main parts - national maritime statutes and
international maritime conventions, on the one hand, and the general maritime law (lex
maritima), on the other. The general maritime law has evolved from various maritime
codes, including Rhodian law (circa 800 B.C.), Roman law, the Rôles of Oléron (circa
1190), the Ordonnance de la Marine
(1681), all of which were relied on in Doctors' Commons, the English Admiralty Court, and
the maritime courts of Europe.
This lex maritima, part of the lex mercatoria, or "Law Merchant" as it was usually
called in England, was the general law applicable in all countries of Western Europe
until the fifteenth century, when the gradual emergence of nation states caused
national differences to begin creeping into what had been a virtually pan-European
maritime law system.
Today's general maritime law consists of the common forms, terms, rules,
standards and practices of the maritime shipping industry - standard form bills of
lading, charterparties, marine insurance policies and sales contracts are good
examples of common forms and the accepted meaning of the terms, as well as the
York/Antwerp Rules on general average and the Uniform Customs and Practice for
Documentary Credits. Much of this contemporary lex maritima is to be found in the
maritime arbitral awards rendered by arbitral tribunals around the world by a host of
institutional and ad hoc arbitral bodies.
Law of the Sea, branch of international law concerned with public order at sea. Much of
this law is codified in the United Nations Convention on the Law of the Sea, signed Dec.
10, 1982. The convention, described as a “constitution for the oceans,” represents an
attempt to codify international law regarding territorial waters, sea-lanes, and ocean
resources. It came into force in 1994 after it had been ratified by the requisite 60
countries; by the early 21st century the convention had been ratified by more than 150
countries.
According to the 1982 convention, each country‟s sovereign territorial waters extend to
a maximum of 12 nautical miles (22 km) beyond its coast, but foreign vessels are
granted the right of innocent passage through this zone. Passage is innocent if a ship
refrains from engaging in certain prohibited activities, including weapons testing,
spying, smuggling, serious pollution, fishing, or scientific research. Where territorial
waters comprise, straits used for international navigation (e.g., the straits of Gibraltar,
Mandeb, Hormuz, and Malacca), the navigational rights of foreign shipping are
strengthened by the replacement of the regime of innocent passage by one of transit
passage, which places fewer restrictions on foreign ships. A similar regime exists in
major sea-lanes through the waters of archipelagos (e.g., Indonesia).
Beyond its territorial waters, every coastal country may establish an exclusive
economic zone (EEZ) extending 200 nautical miles (370 km) from shore. Within the EEZ
the coastal state has the right to exploit and regulate fisheries, construct artificial
islands and installations, use the zone for other economic purposes (e.g., the generation
of energy from waves), and regulate scientific research by foreign vessels. Otherwise,
foreign vessels (and aircraft) are entitled to move freely through (and over) the zone.
About the seabed beyond territorial waters, every coastal country has exclusive rights
to the oil, gas, and other resources in the seabed up to 200 nautical miles from shore or
to the outer edge of the continental margin, whichever is the further, subject to an
overall limit of 350 nautical miles (650 km) from the coast or 100 nautical miles (185
km) beyond the 2,500-metre isobath (a line connecting equal points of water depth).
Legally, this area is known as the continental shelf, though it differs considerably from
the geological definition of the continental shelf. Where the territorial waters, EEZs, or
continental shelves of neighboring countries overlap, a boundary line must be drawn by
agreement to achieve an equitable solution. Many such boundaries have been agreed
upon, but in some cases when the countries have been unable to reach agreement the
boundary has been determined by the International Court of Justice (ICJ; e.g., the
boundary between Bahrain and Qatar) or by an arbitration tribunal (e.g., the boundary
between France and the United Kingdom). The most common form of boundary is an
equidistance line (sometimes modified to take account of special circumstances)
between the coasts concerned.
The high seas lie beyond the zones described above. The waters and airspace of this
area are open to use by all countries, except for those activities prohibited by
international law (e.g., the testing of nuclear weapons). The bed of the high seas is
known as the International Seabed Area (also known as “the Area”), for which the 1982
convention established a separate and detailed legal regime. In its original form this
regime was unacceptable to developed countries, principally because of the degree of
regulation involved, and was subsequently modified extensively by a supplementary
treaty (1994) to meet their concerns. Under the modified regime the minerals on the
ocean floor beneath the high seas are deemed “the common heritage of mankind,” and
their exploitation is administered by the International Seabed Authority (ISA). Any
commercial exploration or mining of the seabed is carried out by private or state
concerns regulated and licensed by the ISA, though thus far only exploration has been
carried out. If or when commercial mining begins, a global mining enterprise would be
established and afforded sites equal in size or value to those mined by private or state
companies. Fees and royalties from private and state mining concerns and any profits
made by the global enterprise would be distributed to developing countries. Private
mining companies are encouraged to sell their technology and technical expertise to
the global enterprise and to developing countries.
On many issues the 1982 convention contains precise and detailed regulations (e.g., on
innocent passage through territorial waters and the definition of the continental shelf),
but on other matters (e.g., safety of shipping, pollution prevention, and fisheries
conservation and management) it merely provides a framework, laying down broad
principles but leaving the elaboration of rules to other treaties. Regarding the safety of
shipping, detailed provisions on the safety and seaworthiness of ships, collision
avoidance, and the qualification of crews are contained in several treaties adopted
under the auspices of the International Maritime Organization (IMO), a specialized
agency of the United Nations (UN). The IMO also has adopted strict antipollution
standards for ships. Pollution of the sea from other sources is regulated by several
regional treaties, most of which have been adopted under the aegis of the United
Nations Environment Programme. The broad standards for fisheries conservation in and
management of the EEZ (where most fishing takes place) laid out in the 1982 convention
have been supplemented by nonbinding guidelines contained in the Code of Conduct for
Responsible Fisheries adopted in 1995 by the UN Food and Agriculture Organization.
Principles of management for high seas fishers are laid down in the UN fish stocks
treaty (1995), which manages straddling and highly migratory fish stocks, and in
detailed measures adopted by several regional fisheries commissions.
Countries first attempt to settle any disputes stemming from the 1982 convention and its
provisions through negotiations or other agreed-upon means of their choice (e.g.,
arbitration). If such efforts prove unsuccessful, a country may, subject to some
exceptions, refer the dispute for compulsory settlement by the UN International Tribunal
for the Law of the Sea (located in Hamburg, Ger.), by arbitration, or by the ICJ. Resort to
these compulsory procedures has been quite limited.
United Nations Convention on the Law of the Sea (UNCLOS)
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 the international agreement that
resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III),
which took place between 1973 and 1982. The Law of the Sea Convention defines the
rights and responsibilities of nations with respect to their use of the world's oceans,
establishing guidelines for businesses, the environment, and the management of marine
natural resources. The Convention, concluded in 1982, replaced four 1958 treaties.
UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify
the treaty. As of June 2016, 167 countries and the European Union have joined in the
Convention. It is uncertain as to what extent the Convention codifies customary
international law.
UNCLOS replaces the older 'freedom of the seas' concept, dating from the 17th century:
national rights were limited to a specified belt of water extending from a nation's
coastlines, usually 3 nautical miles (5.6 km) (Three-mile limit), according to the 'cannon
shot' rule developed by the Dutch jurist Cornelius van Bynkershoek. All waters beyond
national boundaries were considered international waters: free to all nations but
belonging to none of them (the mare liberum principle promulgated by Hugo Grotius).
By 1967, only 25 nations still used the old 3-mile (4.8 km) limit,[citation needed] while 66
nations had set a 12-nautical-mile (22 km) territorial limit[citation needed] and eight
had set a 200-nautical-mile (370 km) limit.[citation needed] As of 28 May 2008, only two
countries still use the 3-mile (4.8 km) limit: Jordan and Palau.[6] That limit is also used
in certain Australian islands, an area of Belize, some Japanese straits, certain areas of
Papua New Guinea, and a few British Overseas Territories, such as Anguilla.
UNCLOS I
Convention on Fishing and Conservation of Living Resources of the High Seas, entry into
force: 20 March 1966
UNCLOS II
In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS
II"); however, the six-week Geneva conference did not result in any new agreements.
Generally speaking, developing nations and third world countries participated only as
clients, allies, or dependents of the United States or the Soviet Union, with no significant
voice of their own.[citation needed]
UNCLOS III
The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid
Pardo of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea
was convened in New York. In an attempt to reduce the possibility of groups of nation-
states dominating the negotiations, the conference used a consensus process rather
than majority vote. With more than 160 nations participating, the conference lasted until
1982. The resulting convention came into force on 16 November 1994, one year after the
60th state, Guyana, ratified the treaty.
The convention introduced a number of provisions. The most significant issues covered
were setting limits, navigation, archipelagic status and transit regimes, exclusive
economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the
exploitation regime, protection of the marine environment, scientific research, and
settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined
baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is
deeply indented, has fringing islands or is highly unstable, straight baselines may be
used.) The areas are as follows:
Internal waters
Covers all water and waterways on the landward side of the baseline. The coastal state
is free to set laws, regulate use, and use any resource. Foreign vessels have no right of
passage within internal waters.
Territorial waters
Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is
free to set laws, regulate use, and use any resource. Vessels were given the right of
innocent passage through any territorial waters, with strategic straits allowing the
passage of military craft as transit passage, in that naval vessels are allowed to
maintain postures that would be illegal in territorial waters. "Innocent passage" is
defined by the convention as passing through waters in an expeditious and continuous
manner, which is not "prejudicial to the peace, good order or the security" of the coastal
state. Fishing, polluting, weapons practice, and spying are not "innocent", and
submarines and other underwater vehicles are required to navigate on the surface and
to show their flag. Nations can also temporarily suspend innocent passage in specific
areas of their territorial seas, if doing so is essential for the protection of their security.
Archipelagic waters
The convention set the definition of Archipelagic States in Part IV, which also defines
how the state can draw its territorial borders. A baseline is drawn between the
outermost points of the outermost islands, subject to these points being sufficiently
close to one another. All waters inside this baseline are designated Archipelagic
Waters. The state has sovereignty over these waters (like internal waters), but subject
to existing rights including traditional fishing rights of immediately adjacent states.
Foreign vessels have right of innocent passage through archipelagic waters (like
territorial waters).
Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km)
from the territorial sea baseline limit, the contiguous zone, in which a state can
continue to enforce laws in four specific areas: customs, taxation, immigration and
pollution, if the infringement started within the state's territory or territorial waters, or
if this infringement is about to occur within the state's territory or territorial waters.[10]
This makes the contiguous zone a hot pursuit area.
These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within
this area, the coastal nation has sole exploitation rights over all natural resources. In
casual use, the term may include the territorial sea and even the continental shelf. The
EEZs were introduced to halt the increa singly heated clashes over fishing rights,
although oil was also becoming important. The success of an offshore oil platform in the
Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was
technically feasible to operate in waters 4,000 metres deep. Foreign nations have the
freedom of navigation and overflight, subject to the regulation of the coastal states.
Foreign states may also lay submarine pipes and cables.
Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to the
continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's
baseline, whichever is greater. A state's continental shelf may exceed 200 nautical
miles (370 km) until the natural prolongation ends. However, it may never exceed 350
nautical miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100
nautical miles (190 kilometres; 120 miles) beyond the 2,500-meter isobath (the line
connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral
and non-living material in the subsoil of its continental shelf, to the exclusion of others.
Coastal states also have exclusive control over living resources "attached" to the
continental shelf, but not to creatures living in the water column beyond the exclusive
economic zone.
Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of
scientific research on the high seas, and also creates an innovative legal regime for
controlling mineral resource exploitation in deep seabed areas beyond national
jurisdiction, through an International Seabed Authority and the Common heritage of
mankind principle.
Landlocked states are given a right of access to and from the sea, without taxation of
traffic through transit states.
Part XI of the Convention provides for a regime relating to minerals on the seabed
outside any state's territorial waters or EEZ (Exclusive Economic Zones). It establishes
an International Seabed Authority (ISA) to authorize seabed exploration and mining and
collect and distribute the seabed mining royalty.
The United States objected to the provisions of Part XI of the Convention on several
grounds, arguing that the treaty was unfavorable to American economic and security
interests. Due to Part XI, the United States refused to ratify the UNCLOS, although it
expressed agreement with the remaining provisions of the Convention.
From 1982 to 1990, the United States accepted all but Part XI as customary international
law, while attempting to establish an alternative regime for exploitation of the minerals
of the deep seabed. An agreement was made with other seabed mining nations and
licenses were granted to four international consortia. Concurrently, the Preparatory
Commission was established to prepare for the eventual coming into force of the
Convention-recognized claims by applicants, sponsored by signatories of the
Convention. Overlaps between the two groups were resolved, but a decline in the
demand for minerals from the seabed made the seabed regime significantly less
relevant. In addition, the decline of Socialism and the fall of Communism in the late
1980s had removed much of the support for some of the more contentious Part XI
provisions.
On 1 February 2011, the Seabed Disputes Chamber of the International Tribunal for the
Law of the Sea (ITLOS) issued an advisory opinion concerning the legal responsibilities
and obligations of States Parties to the Convention with respect to the sponsorship of
activities in the Area in accordance with Part XI of the Convention and the 1994
Agreement.[13] The advisory opinion was issued in response to a formal request made
by the International Seabed Authority following two prior applications the Authority's
Legal and Technical Commission had received from the Republics of Nauru and Tonga
regarding proposed activities (a plan of work to explore for polymetallic nodules) to be
undertaken in the Area by two State-sponsored contractors – Nauru Ocean Resources
Inc. (sponsored by the Republic of Nauru) and Tonga Offshore Mining Ltd. (sponsored by
the Kingdom of Tonga). The advisory opinion set forth the international legal
responsibilities and obligations of Sponsoring States AND the Authority to ensure that
sponsored activities do not harm the marine environment, consistent with the
applicable provisions of UNCLOS Part XI, Authority regulations, ITLOS case law, other
international environmental treaties, and Principle 15 of the UN Rio Declaration.
Parties
The convention was opened for signature on 10 December 1982 and entered into force on
16 November 1994 upon deposition of the 60th instrument of ratification. The convention
has been ratified by 168 parties, which includes 167 states (164 member states of the
United Nations plus the UN Observer state Palestine, as well as the Cook Islands, Niue
and the European Union).
Non-parties
The convention was opened for signature on 10 December 1982 and entered into force on
16 November 1994 upon deposition of the 60th instrument of ratification. The convention
has been ratified by 168 parties, which includes 167 states (164-member states of the
United Nations plus the UN Observer state Palestine, as well as the Cook Islands, Niue
and the European Union).
The International Convention on Load Lines (CLL), was signed in London on 5 April 1966,
amended by the 1988 Protocol and further revised in 2003. The convention pertains
specifically to a ship's load line (also referred to as the "waterline"), a marking of the
highest point on a ship's hull that can safely meet the surface of the water; a ship that is
loaded to the point where its load line is underwater and no longer visible has exceeded
its draft and is in danger because its capacity has been exceeded.
The 1988 Protocol was adopted to harmonise the survey and certification requirement of
the 1966 Convention with those contained in the International Convention for the Safety
of Life at Sea (SOLAS) and MARPOL 73/78.
In accordance with the International Convention on Load Lines (CLL 66/88), all assigned
load lines must be marked amidships on each side of the ships engaged in international
voyages. The determinations of the freeboard of ships are calculated and/or verified by
classification societies which issue International Load Line Certificates in accordance
with the legislation of participating States.
Provisions
The Convention provides for the terms of ship's surveys, issuance, duration, validity and
acceptance of International Load Line Certificates, as well as relevant State control
measures, agreed exemptions and exceptions.
Annexes to the Convention contain various regulations for determining load lines,
including details of marking and verification of marks, conditions of assignment of
freeboard, freeboard tables and corrections, special provisions for ships intended for
the carriage of timber and the prescribed form of International Load Line Certificates.
According to the Annexes to the Convention, also taken into account are the potential
hazards present in different zones and different seasons and additional safety
measures concerning doors, hatchways etc.
The SOLAS Convention in its successive forms is generally regarded as the most
important of all international treaties 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. The 1974 version includes the tacit acceptance
procedure - which provides that an amendment shall enter into force on a specified
date unless, before that date, objections to the amendment are received from an agreed
number of Parties.
As a result the 1974 Convention has been updated and amended on numerous
occasions. The Convention in force today is sometimes referred to as SOLAS, 1974, as
amended.
Technical provisions
The main objective of the SOLAS Convention is 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 as proof
that this has been done. Control provisions also allow 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. The current SOLAS
Convention includes Articles setting out general obligations, amendment procedure and
so on, followed by an Annex divided into 14 Chapters.
Includes regulations concerning the survey of the various types of ships and the issuing
of documents signifying that the ship meets the requirements of the Convention. The
Chapter also includes provisions for the control of ships in ports of other Contracting
Governments.
The subdivision of passenger ships into watertight compartments must be such that
after assumed damage to the ship's hull the vessel will remain afloat and stable.
Requirements for watertight integrity and bilge pumping arrangements for passenger
ships are also laid down as well as stability requirements for both passenger and cargo
ships.
"Goal-based standards" for oil tankers and bulk carriers were adopted in
2010, requiring new ships to be designed and constructed for a specified design life and
to be safe and environmentally friendly, in intact and specified damage conditions,
throughout their life. Under the regulation, ships should have adequate strength,
integrity and stability to minimize the risk of loss of the ship or pollution to the marine
environment due to structural failure, including collapse, resulting in flooding or loss of
watertight integrity.
Includes detailed fire safety provisions for all ships and specific measures for
passenger ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by
thermal and structural boundaries; separation of accommodation spaces from the
remainder of the ship by thermal and structural boundaries; restricted use of
combustible materials; detection of any fire in the zone of origin; containment and
extinction of any fire in the space of origin; protection of the means of escape or of
access for fire-fighting purposes; ready availability of fire-extinguishing appliances;
minimization of the possibility of ignition of flammable cargo vapour.
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All
passenger ships and all cargo ships of 300 gross tonnage and upwards on international
voyages are required to carry equipment designed to improve the chances of rescue
following an accident, including satellite emergency position indicating radio beacons
(EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or
survival craft.
The subjects covered include the maintenance of meteorological services for ships; the
ice patrol service; routeing of ships; and the maintenance of search and rescue
services.
This Chapter also includes a general obligation for masters to proceed to the assistance
of those in distress and for Contracting Governments to ensure that all ships shall be
sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and
automatic ship identification systems (AIS).
The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to
their particular hazards to ships or persons on board, may require special precautions".
The regulations include requirements for stowage and securing of cargo or cargo units
(such as containers). The Chapter requires cargo ships carrying grain to comply with
the International Grain Code.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the
documentation, stowage and segregation requirements for these goods and requires
reporting of incidents involving such goods.
Part B covers Construction and equipment of ships carrying dangerous liquid chemicals
in bulk and requires chemical tankers to comply with the International Bulk Chemical
Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in bulk and
gas carriers to comply with the requirements of the International Gas Carrier Code (IGC
Code).
Part D includes special requirements for the carriage of packaged irradiated nuclear
fuel, plutonium and high-level radioactive wastes on board ships and requires ships
carrying such products to comply with the International Code for the Safe Carriage of
Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on
Board Ships (INF Code).
The chapter requires carriage of dangerous goods to be in compliance with the relevant
provisions of the International Maritime Dangerous Goods Code (IMDG Code).
Gives basic requirements for nuclear-powered ships and is particularly concerned with
radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear
Merchant Ships which was adopted by the IMO Assembly in 1981.
The Chapter makes mandatory the International Safety Management (ISM) Code, which
requires a safety management system to be established by the shipowner or any person
who has assumed responsibility for the ship (the "Company").
The Chapter makes mandatory the International Code of Safety for High-Speed Craft
(HSC Code).
Chapter XI-1 - Special measures to enhance maritime safety
Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities
Security Code (ISPS Code). Part A of the Code is mandatory and part B contains
guidance as to how best to comply with the mandatory requirements. Regulation XI-2/8
confirms the role of the Master in exercising his professional judgement over decisions
necessary to maintain the security of the ship. It says he shall not be constrained by the
Company, the charterer or any other person in this respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert system.
Regulation XI-2/6 covers requirements for port facilities, providing among other things
for Contracting Governments to ensure that port facility security assessments are
carried out and that port facility security plans are developed, implemented and
reviewed in accordance with the ISPS Code. Other regulations in this chapter cover the
provision of information to IMO, the control of ships in port, (including measures such as
the delay, detention, restriction of operations including movement within the port, or
expulsion of a ship from port), and the specific responsibility of Companies.
The Chapter includes structural requirements for bulk carriers over 150 metres in
length.
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the
International Code for Ships Operating in Polar Waters (the Polar Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date. See History of
SOLAS.
Amendments adopted by the Maritime Safety Committee (MSC) are listed in MSC
Resolutions
The Code's origins go back to the late 1980s, when there was mounting concern about
poor management standards in shipping. Investigations into accidents revealed major
errors on the part of management, and in 1987 the IMO Assembly adopted resolution
A.596(15), which called upon the Maritime Safety Committee to develop guidelines
concerning shore-based management to ensure the safe operation of ro-ro passenger
ferries.
The Company is then required to establish and implement a policy for achieving these
objectives. This includes providing the necessary resources and shore-based support.
Every company is expected "to designate a person or persons ashore having direct
access to the highest level of management" in order to provide a link between the
company an those on board.
The procedures required by the Code should be documented and compiled in a Safety
Management Manual, a copy of which should be kept on board.
The ISM Code in its mandatory form was adopted in 1993 by resolution A.741(18) and
entered into force on 1 July 1998.
IMO recognized the need for uniform implementation of the ISM Code. In 1995, the IMO
Assembly adopted Guidelines on implementation of the International Safety
Management (ISM) Code by Administrations (resolution A.788(19)).
The resolution urged Governments, when implementing the ISM Code, to adhere to the
Guidelines, in particular with regard to the validity of the Document of Compliance and
the Safety Management Certificate required by the ISM Code. It also urged Governments
to request the companies concerned to apply for certification under the ISM Code as
soon as possible; to inform the Organization of any difficulties they have experienced in
using these Guidelines, so that the Maritime Safety Committee and the Marine
Environment Protection Committee could keep the annexed Guidelines under review
and to amend them as necessary.
These Guidelines establish basic principles for verifying that the SMS of a Company
responsible for the operation of ships or the SMS for the ship or ships controlled by the
company complies with the ISM Code; and for the conduct of verifications to issue the
DoC and SMC. The Guidelines are applicable to Administrations.
Amendments to Guidelines
Other provisions
Other provisions relevant to SOLAS chapter IX and the ISM Code include:
Revised guidelines for the operational implementation of the International Safety
Management (ISM) Code by companies (MSC-MEPC.7/Circ.8),
Guidance on the qualifications, training and experience necessary for
undertaking the role of the designated person under the provisions of the ISM
Code (MSC-FAL.7/Cir.6),
Guidance on near-miss reporting (MSC-MEPC.7/Circ.7), Guidelines on maritime
cyber risk management (MSC-FAL.7/Circ.3)
Maritime cyber risk management in safety management systems (resolution
MSC.428(98)).
Adoption: 7 July 1978; Entry into force: 28 April 1984; Major revisions in 1995 and 2010
The 1978 STCW Convention was the first to establish basic requirements on training,
certification and watchkeeping for seafarers on an international level. Previously the
standards of training, certification and watchkeeping of officers and ratings were
established by individual governments, usually without reference to practices in other
countries. As a result standards and procedures varied widely, even though shipping is
the most international of all industries.
The 1995 amendments entered into force on 1 February 1997. One of the major features
of the revision was the division of the technical annex into regulations, divided into
Chapters as before, and a new STCW Code, to which many technical regulations were
transferred. Part A of the Code is mandatory while Part B is recommended.
Dividing the regulations up in this way makes administration easier and it also makes
the task of revising and updating them more simple: for procedural and legal reasons
there is no need to call a full conference to make changes to Codes.
Another major change was the requirement for Parties to the Convention are required
to provide detailed information to IMO concerning administrative measures taken to
ensure compliance with the Convention. This represented the first time that IMO had
been called upon to act in relation to compliance and implementation - generally,
implementation is down to the flag States, while port State control also acts to ensure
compliance. Under Chapter I, regulation I/7 of the revised Convention, Parties are
required to provide detailed information to IMO concerning administrative measures
taken to ensure compliance with the Convention, education and training courses,
certification procedures and other factors relevant to implementation.The information is
reviewed by panels of competent persons, nominated by Parties to the STCW
Convention, who report on their findings to the IMO Secretary-General, who, in turn,
reports to the Maritime Safety Committee (MSC) on the Parties which fully comply. The
MSC then produces a list of "confirmed Parties" in compliance with the STCW
Convention.
The regulations contained in the Convention are supported by sections in the STCW
Code. Generally speaking, the Convention contains basic requirements which are then
enlarged upon and explained in the Code.Part A of the Code is mandatory. The minimum
standards of competence required for seagoing personnel are given in detail in a series
of tables. Part B of the Code contains recommended guidance which is intended to help
Parties implement the Convention. The measures suggested are not mandatory and the
examples given are only intended to illustrate how certain Convention requirements
may be complied with. However, the recommendations in general represent an
approach that has been harmonized by discussions within IMO and consultation with
other international organizations.
The Manila amendments to the STCW Convention and Code were adopted on 25 June
2010, marking a major revision of the STCW Convention and Code. The 2010 amendments
entered into force on 1 January 2012 under the tacit acceptance procedure and are
aimed at bringing the Convention and Code up to date with developments since they
were initially adopted and to enable them to address issues that are anticipated to
emerge in the foreseeable future.
Amongst the amendments adopted, there are a number of important changes to each
chapter of the Convention and Code, including:
Special Trade Passenger Ships Agreement, 1971; Protocol on Space Requirements for
Special Trade Passenger Ships, 1973, Special Trade Passenger Ships Agreement,
1971, 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.
Included in an Annex to the Agreement are Special Trade Passenger Ships Rules, 1971,
which provide modifications to the regulations of Chapters II and III of the 1960 SOLAS
Convention.
Following the International Conference on Special Trade Passenger Ships, 1971, IMO, in
cooperation with other Organizations, particularly the World Health Organisation (WHO),
developed technical rules covering the safety aspects of carrying passengers on board
such ships.
The Protocol on Space Requirements for Special Trade Passenger Ships was adopted in
1973. Annexed to this Protocol are technical rules covering the safety aspect of the
carriage of passengers in special trade passenger ships.
The space requirements for special trade passenger ships are complementary to the
1971 Special Trade Passenger Ships Agreement.
Being Contracting Governments to the International Convention for the Safety of Life at
Sea, I960, and to the Special Trade Passenger Ships Agreement, 1971;
Considering that the requirements of Chapters II and III of the said Convention could be
modified in the case of passenger ships registered in their countries and engaged in the
carriage of large numbers of unberthed passengers in special trades, such, for
example, as the pilgrim trade;
Recognizing the need to formulate general rules in relation to the space requirements
of passengers on special trade passenger ships which should be complementary to the
Special Trade Passenger Ships Agreement, 1971,
Have agreed as follows:
Article I
General obligations under the Protocol
The Governments parties to the present Protocol undertake to give effect to the
provisions of the present Protocol and of the Rules annexed hereto which shall
constitute an integral part of the present Protocol. Every reference to the present
Protocol constitutes at the same time a reference to the Annex.
Article II
Application
The ships to which the present Protocol applies are passenger ships engaged in the
special trades and registered in countries the Governments of which are Contracting
Governments to the International Convention for the Safety of Life at Sea, 1960 (here
inafter referred to as "the 1960 Convention") and parties to the Special Trade Passenger
Ships Agreement, 1971 (hereinafter referred to as the "1971 Agreement") and to the
present Protocol and ships registered in territories to which application of the 1960
Convention, the 1971 Agreement and the present Protocol has been extended under the
relevant Articles thereof.
Article III
Communication of information
The Governments parties to the present Protocol undertake to communicate and deposit
with the Inter-Governmental Maritime Consultative Organization (hereinafter referred
to as "the Organization"):
1. the text of laws, decrees, orders, regulations and other instruments which shall
have been promulgated on the various matters within the scope of the present
Protocol;
2. a sufficient number of specimens of their certificate issued under the provisions
of the present Protocol for circulation to the Governments parties to the present
Protocol and also to Contracting Governments to the 1960 Convention; and
3. a list of non-governmental agencies which are authorized to act in their behalf in
the administration of measures under the present Protocol for circulation to Gov
ernments parties to the present Protocol and also to Contracting Governments to
the 1960 Convention.
Article IV
Signature, acceptance and accession
a.The present Protocol shall remain open for signature for three months from this day's
date and shall thereafter remain open for accession. Governments parties to the 1971
Agreement may become parties to the present Protocol by:
Article V
Entry into force
a.The present Protocol shall enter into force six months after the date on which three
Governments parties to the 1971 Agreement have signed the present Protocol without
reservation as to acceptance or deposited instruments of acceptance or accession with
the Organization in accordance with Article IV hereof; provided that at least two of such
Governments shall be Governments of States in whose territory are registered ships
engaged in the special trades or whose nationals are carried in ships engaged in these
trades.
b. The Organization shall inform the Governments which have signed without
reservation or accepted or acceded to the present Protocol and also Contracting Govern
ments to the 1960 Convention of the date on which it enters into force.
Article VI
Ammendments
a. Amendment by unanimous agreement:
Any such amendment shall enter into force six months after the date of its
acceptance by all Governments parties to the present Protocol. A Government
party to the present Protocol which does not communicate its acceptance or
rejection of the amendment to the Organization within twelve months from the
date of its communication by the latter under sub-paragraph (ii) of this
paragraph shall be deemed to have accepted the amendment.
b. Amendment by Conference:
Article VII
Denunciation
a.The present Protocol may be denounced by any Government party to it at any time
after the expiry of five years from the date on which the Protocol enters into force for
that Government.
c. A denunciation shall take effect one year, or such longer period as may be specified
in the instrument, after its receipt by the Organization.
Article VIII
Territories
a.(i) The United Nations in cases where they are the administering authority for a
territory, or any Contracting Government to the 1960 Convention responsible for the
international relations of a territory, shall as soon as possible consult with such
territory in an endeavour to extend the present Protocol to that territory and may at any
time, by notification in writing given to the Organization, declare that the present
Protocol shall extend to such territory.
(ii) The present Protocol shall, from the date of receipt of the notification or from such
other date as may be specified in the notification, extend to the territory named in the
notification.
b.(i) The United Nations, or any Contracting Government to the 1960 Con vention which
has made a declaration under paragraph (a) of this Article at any time after the expiry
of a period of five years from the date on which the present Protocol has been extended
to any territory, may, by notification in writing given to the Organization, declare that the
present Protocol shall cease to extend to any such territory named in the notification.
(ii) The present Protocol shall cease to extend to any territory named in such
notification one year, or such longer period as may be specified in the notification, after
the date of receipt of the notification by the Organization.
c. The Organization shall inform all Governments parties to the present Protocol and
Contracting Governments to the 1960 Convention of the extension of the present
Protocol to any territories under paragraph (a) of this Article and of the termination of
such extension under the provisions of paragraph (b), stating in each case the date from
which the present Protocol has been or will cease to be so extended.
Article IX
Deposit and registration
a. The present Protocol shall be deposited in the archives of the Organization and the
Secretary-General of the Organization shall transmit certified true copies thereof to all
Signatory Governments and to all other Governments which accede to the present
Protocol.
b. As soon as the present Protocol enters into force it shall be registered by the
Organization in accordance with Article 102 of the Charter of the United Nations.
Article X
Languages
The present Protocol is established in a single copy in the English and French
languages, both texts being equally authentic. Official translations in the Russian and
Spanish languages shall be prepared and deposited with the signed original.
Annex
Part I - General
Rule 1
Name
These Rules shall be called "Special Trade Passenger Ships (Space Requirements)
Rules, 1973".
Rule 2
Definitions
1.Except where expressly provided otherwise, the definitions set out in Rule 2 of the
Special Trade Passenger Ships Rules, 1971, shall apply also with respect to these Rules.
2. In addition, for the purpose of these Rules:
(a)"1960 Convention" means the International Convention for the Safety of Life at Sea,
1960.
(b) "1966 Convention" means the International Convention on Load Lines, 1966.
(c) "Duration of voyage" means the interval between the time when the ship leaves the
port at which the voyage commences and the time when she arrives at the port where
the voyage terminates.
(d)"Season of fair weather" means in relation to those parts of the Special Trade Area
within the Tropical Zone, as defined in Regulation 48 of the 1966 Convention, a period
extending for the whole year, and in relation to any part of that Area within a Seasonal
Tropical Area as defined in Regulation 49 of that Convention means the period
prescribed in Regulation 49 as the Tropical Seasonal Period relating to that area.
(e)"Season of foul weather" means in relation to any part of the Special Trade Area
within a Seasonal Tropical Area as defined in the above-mentioned Regulation 49 the
period prescribed therein as the Summer Seasonal Period relating to that area.
(f) "Deepest subdivision loadline" is the waterline which corresponds to the greatest
draught permitted by the subdivision requirements which are applicable under the
Special Trade Passenger Ships Rules, 1971.
(g)"Length of the ship" is the length measured between perpendiculars taken at the ex
tremities of the deepest subdivision load line.
(h)"Upper between deck" means the deck below the weather deck or, in ships with side
openings, the deck below the upper deck.
(i) "Lower between deck" means the deck below the upper between deck.
(j)"Gross volume of a space" is the volume measured between the decks and between
the face of the frames, sparrings or linings at the ship's side.
Rule 3
Application
These Rules shall apply to new and existing special trade passenger ships except that
in relation to existing ships their application may be relaxed as provided in Part III of
these Rules.
Rule 4
Exemption
In exceptional circumstances, for the purpose of making a single voyage, a ship may be
exempted by the Administration from any of the requirements of these Rules, except
Part IV, provided it complies with such of those requirements as are in the opinion of the
Administration adequate for the voyage to be undertaken.
Rule 5
Issue of certificate
1.A certificate called a Special Trade Passenger Ship Space Certificate shall be issued
after inspection and survey of a special trade passenger ship which complies with the
applicable re requirements of these Rules. The Certificate shall be issued for a period of
not more than twelve months. The form of the Certificate shall be that of the model
given in Appendix II to these Rules.
3. A Government party to the present Protocol may, at the request of the Administration
which is a Government party to the present Protocol, cause a ship to be surveyed and, if
satisfied that the requirements of these Rules are complied with, shall issue a
certificate to the ship in accordance with these Rules. Any certificate so issued must
contain a statement to the effect that it has been issued at the request of the
Government of the country in which the ship is or will be registered, and it shall have
the same force and receive the same recognition as a certificate issued under
paragraph (2) of this Rule.
Rule 6
Posting up of certificate
The Certificate issued under these Rules or a certified copy thereof shall be posted up in
a prominent and accessible place in the ship.
Rule 7
Acceptance of certificate
A Special Trade Passenger Ship Space Certificate issued under the authority of a
Government party to the present Protocol shall be accepted by other Governments
parties to the present Protocol. They shall be regarded by those Governments as having
the same force as Certificates issued by them.
Rule 8
Privileges
The privileges of the present Rules may not be claimed in favour of any ship unless it
holds a valid Special Trade Passenger Ship Space Certificate.
Rule 9
Spaces not suitable for carriage of passengers
(a) on any deck lower than the one immediately below the deepest subdivision load line;
(b)at any point in a between deck space where the clear headroom is less than 1.90
metres (6 feet 3 inches);
(c) forward of the collision bulkhead or the upward extension thereof, as provided for in
Regulation 9 of Chapter II of the 1960 Convention;
(d)on lower between decks within 10 per cent of the length of the ship from the forward
perpendicular; or
(e)on any weather deck which is not sheathed to the satisfaction of the Administration.
2. During seasons of foul weather, spaces on the weather deck shall not be measured
as being available for the accommodation of special trade passengers, except that such
spaces may be measured as being available for use as airing space required to be
provided under Rule 11 or Rule
Rule 10
Number of passengers permitted
The number of special trade passengers carried on any voyage shall not exceed any of
the following:
1. for any voyage the number permitted under the Special Trade Passenger Ships
Agreement, 1971;
2. for any voyage of 72 hours or over, the number of bunks provided in accordance with
Rule 13;
(a)the number of bunks (if any) fitted in compliance with the requirements of Rule 13(2),
and
4. for any voyage of 24 hours or over, the number calculated in accordance with Rule
11(4) or 13(3) as appropriate;
5. for any voyage the number for which airing space is provided in accordance with Rule
11 or Rule 13, as appropriate.
Rule 11
Spaces not fitted with bunks
1.Subject to the provisions of paragraphs (3) and (4) of this Rule and Rules 9 and 12,
spaces in which bunks are not fitted for special trade passengers shall be measured for
the accom modation of such passengers on the scale laid down in Appendix I to these
Rules, having regard to the location of these spaces, the duration of the voyage and the
incidence of seasons of fair and foul weather.
2. In addition airing space of not less than 0.37 square metres (4 square feet) for each
passenger on the upper and lower between decks shall be provided on the weather
decks. Such airing spaces shall be marked conspicuously "Airing space for special
trade passengers only" .
3. Where the means of egress from a between deck or other enclosed space is through
another passenger space, the former space shall be measured on the scale laid down in
Appen dix I to these Rules for lower between deck spaces.
1. In calculating, in accordance with Rule 11, the number of passengers which may be
accommodated in any one space not fitted with bunks, the following deductions shall be
made:
(a) an overall deduction of 5 per cent of the gross area of the space to allow for the
accommodation of accompanied baggage;
(b) an area extending for a distance of 0.75 metres (2 feet 6 inches) from the entrance
to any stairway or ladderway, washplace, lavatory or battery of latrines or from any
water tap or fire hydrant;
(c) areas required for working the lifeboats, liferafts and buoyant apparatus. These
areas may, however, be included in the calculation of airing space;
(e) any area which in the opinion of the Administration is unsuitable for the
accommodation of special trade passengers.
2. The areas described in (b), (c), (d) and (e) of paragraph (1) of this Rule shall be
delineated by a white line 0.08 metres (3 inches) wide.
Rule 13
Spaces fitted with bunks
1. In every ship making a voyage the duration of which, in ordinary circumstances, will
extend for 72 hours or more, a bunk shall be provided for every special trade
passenger.
2. In every ship where bunks are provided for the use of special trade passengers, the
following provisions shall apply:
(a)the size of a bunk shall be not less than 1.90 metres (6 feet 3 inches) long and 0.70
metres (2 feet 3 inches) wide;
(b)every bunk shall give direct access to a passageway and the passageways shall be
so arranged as to give ready access to an escape route;
(c) the width of such passageways shall be not less than 0.70 metres (2 feet 3 inches);
(d)bunks may be fitted in single or double tiers provided that, in the latter case, the
following requirements are complied with:
(i) the distance between the deck and the base of the lower bunk shall not be less than
0.45 metres (1 foot 6 inches);
(ii) the distance between the base of the lower bunk and the base of the upper bunk
shall not be less than 0.90 metres (3 feet);
(iii) the distance between the base of the upper bunk and the underside of any overhead
obstruction (e.g. deck beams or girders) shall not be less than 0.90 metres (3 feet); and
(e) bunks shall be fitted with leeboards or leerails and, where bunks are fitted side by
side, with suitable means of separation;
(f) bunks and their fittings shall be constructed of metal and shall be of a type approved
by the Administration;
(g)except where hatch openings are trunked or otherwise similarly protected to the
satisfaction of the Administration, no bunk shall be fitted within 0.90 metres (3 feet) of
such openings;
(h)no bunk shall be fitted within 0.60 metres (2 feet) of the face of the frames, sparrings
or linings at the ship's side;
(i) no bunk shall be fitted within 0.75 metres (2 feet 6 inches) of the entrance to any
stairway or ladderway, wash place, lavatory or battery of latrines or of any water tap or
fire hydrant; and
(j) no bunk shall be fitted in any space or part thereof which in the opinion of the
Administration is unsuitable for the accommodation of special trade passengers.
4. Airing space of not less than 0.37 square metres (4 square feet) for each passenger
on the upper and lower between decks shall be provided on the weather decks. Such
airing spaces shall be marked conspicuously "Airing for special trade passengers only".
Rule 14
Marking of spaces
Any space intended for the accommodation of special trade passengers shall be
conspicuously marked at or near the entrance to that space with the number of
passengers for which that space is certified.
Rule 15
Width of stairways
1. Subject to the other provisions of this Rule, stairways and ladderways which provide
egress from any space located below the weather deck and intended for the
accommodation or use of special trade passengers, and which form part of a ready
means of escape from that space, as described in Regulation 68 of Chapter II of the 1960
Convention, shall have an aggregate width of not less than 0.05 metres (2 inches) for
every five passengers appropriate to that space.
2. Where such spaces are located one above the other, the stairways and ladderways
leading upwards from the upper space shall have an aggregate width of not less man
0.05 metres (2 inches) for every five passengers included within the total number
appropriate to the two spaces.
3. Where such spaces are located on the same deck and have access between them, for
the purpose of calculating the minimum aggregate width of stairways leading upwards
from that deck, such spaces on the same deck shall be considered as one space.
4. In no case shall the width of any stairway or ladderway referred to in this Rule be
less than 0.75 metres (2 feet 6 inches); where the width is greater than 1.50 metres (5
feet) the stairway or ladderway shall be fitted with an intermediate rail or rails to the
satisfaction of the Administration.
Rule 16
Lighting
All spaces including alleyways, stairways and ladderways provided for the
accommodation or use of special trade passengers shall be provided with
arrangements whereby they can be adequately lighted both by day and by night. Where
practicable, arrangements for natural lighting shall be provided.
Rule 17
Ventilation
2. The ventilation or air conditioning system required by paragraph (1) of this Rule shall
be capable of effective separation from any hospital ventilation.
Rule 18
Awnings
Every ship shall be provided with approved awnings which will protect from the
weather:
a. those portions of exposed decks which are provided for the use of special trade
passengers; and
b. where the Administration considers necessary, those portions of exposed decks and
housetops which are situated immediately above spaces provided for the
accommodation or use of special trade passengers.
Rule 19
Cooking of food
Rule 20
Prevention of accidents
Hatchways when open shall be effectively guarded to a height of not less than 0.90
metres (3 feet) but when open for ventilation purposes only they shall also be suitably
protected by netting.
Rule 21
Obstruction of passenger spaces
Spaces including airing spaces allotted for the accommodation or use of special trade
passengers shall be kept free of cargo.
Rule 22
Relaxations from Part II
In the case of existing ships the Administration may permit any of the following
relaxations from the requirements of Part II of these Rules:
1.Rules 9(1 )(b) and 15 shall apply only so far as is reasonable and practicable in the
opinion of the Administration.
2. Rule 11 shall apply except that in seasons of fair weather for voyages of 24 hours or
over but not exceeding 48 hours, the per capita area required for the accommodation of
special trade passengers other than on the lower between deck may be reduced to 0.9
square metres (10 square feet) and on the lower between deck may be reduced to 1.12
square metres (12 square feet).
(a) In relation to a voyage of a ship, the route of which is declared beforehand to the
Administration, and in the course of which there is considerable embarkation and dis
embarkation at intermediate ports, the Administration may relax the requirements of
paragraph (1) thereof to the extent which it considers reasonable, having regard to the
nature of the service.
(b)In the case of a ship already fitted with bunks, if in the opinion of the Administration:
(i) the characteristics of the special trade passengers carried are such that the
reduction in the size of bunks would not lead to discomfort for them; and
(ii) such additional available space resulting from the reduction could be used in im
proving safety and amenities of special trade passengers and will not be utilized to
increase the number of passengers which would otherwise be permitted under Rule 13
to be carried, bunks of a size not less than 1.80 metres (6 feet) long and 0.70 metres (2
feet 3 inches) wide may be fitted.
(c) The distances given in Rule 13(2)(<f)(i), (ii) and (iii) may each be reduced by not more
than 0.15 metres (6 inches) provided the aggregate of these distances is not less than
1.90 metres (6 feet 3 inches).
4.Rule 17 need not apply where a natural ventilation system is fitted in the spaces
referred to in that Rule, provided that such system shall be adequate to maintain the air
in a satisfactory condition and to ensure a sufficient degree of air movement under all
conditions of weather and climate to which the ship is likely to be subjected, and shall
in particular at least meet the following requirements:
(a) The aggregate area of the inlet ventilators serving any such space exclusive of side
scuttles, doors, stairways, skylights or any other apertures not provided solely for ven
tilation purposes shall be not less than:
(i) for an upper between deck space 0.032 square metres (5 square inches) for every
passenger appropriate to that space;
(ii) for a lower between deck space 0.048 square metres (7.5 square inches) for every
passenger appropriate to that space, and the aggregate area of outlets serving such a
space shall equally be not less than the above scales.
(b)In every between deck space other than open self-airing spaces, fans shall be fitted
having a diameter of not less than 0.60 metres (2 feet) for every 25 passengers
appropriate to that space, provided that fans of lesser diameter may be used and the
number of fans varied where, in the opinion of the Administration, they will together
provide an equiv alent degree of air movement.
(c) For the purpose of this paragraph the number of passengers appropriate to an
accom modation space shall be that permitted by Rule 11 or Rule 13 as the case may be
and the number appropriate to any other space shall be the number for which the space
has capacity.
Rule 23
Application
The ships to which the present Rules apply shall comply with the International Health
Reg ulations (1969)' having regard to the circumstances and the nature of the voyage
within the meaning of the said Health Regulations.
Appendix I
Table of space
[Omitted]
Appendix II
Form of certificate
[Omitted]
The space requirements for special trade passenger ships are complementary to the
1971 Special Trade Passenger Ships Agreement adopted 1971-10-06, in force 1974-01-02.
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea
(PAL)
Adoption: 13 December 1974; Entry into force: 28 April 1987; 2002 Protocol: Adoption: 1
November 2002; Entry into force: 23 April 2014
The Convention was adopted at a Conference, convened in Athens in 1974 and was
designed to consolidate and harmonize two earlier Brussels conventions dealing with
passengers and luggage and adopted in 1961 and 1967 respectively.
However, unless the carrier acted with intent to cause such damage, or recklessly and
with knowledge that such damage would probably result, he can limit his liability. For
the death of, or personal injury to, a passenger, this limit of liability is set at 46,666
Special Drawing Rights (SDR) per carriage. The 2002 Protocol, when it enters into force,
will introduce compulsory insurance to cover passengers on ships and substantially
raise those limits to 250,000 SDR per passenger on each distinct occasion.
As far as loss of or damage to luggage is concerned, the carrier's limit of liability varies,
depending on whether the loss or damage occurred in respect of cabin luggage, of a
vehicle and/or luggage carried in or on it, or in respect of other luggage.
The 1976 Protocol made the unit of account the Special Drawing Right (SDR), replacing
the "Poincaré franc", based on the "official" value of gold, as the applicable unit of
account.
The 1990 Protocol was intended to raise the limits set out in the convention but it did not
enter into force and was superseded by the 2002 Protocol.
The Protocol introduces compulsory insurance to cover passengers on ships and raises
the limits of liability. It also introduces other mechanisms to assist passengers in
obtaining compensation, based on well-accepted principles applied in existing liability
and compensation regimes dealing with environmental pollution. These include
replacing the fault-based liability system with a strict liability system for shipping
related incidents, backed by the requirement that the carrier take out compulsory
insurance to cover these potential claims.
The limits contained in the Protocol set a maximum limit, empowering - but not obliging
- national courts to compensate for death, injury or damage up to these limits.
The Protocol also includes an "opt-out" clause, enabling State Parties to retain or
introduce higher limits of liability (or unlimited liability) in the case of carriers who are
subject to the jurisdiction of their courts.
Compulsory insurance
A new Article 4bis of the Convention requires carriers to maintain insurance or other
financial security, such as the guarantee of a bank or similar financial institution, to
cover the limits for strict liability under the Convention in respect of the death of and
personal injury to passengers.
The limit of the compulsory insurance or other financial security shall not be less than
250,000 Special Drawing Rights (SDR) per passenger on each distinct occasion. Ships
are to be issued with a certificate attesting that insurance or other financial security is
in force and a model certificate is attached to the Protocol in an Annex.
Limits of liability
The limits of liability have been raised significantly under the Protocol, to reflect
present day conditions and the mechanism for raising limits in the future has been
made easier.
The liability of the carrier for the death of or personal injury to a passenger is limited to
250,000 SDR per passenger on each distinct occasion.
The carrier is liable, unless the carrier proves that the incident resulted from an act of
war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character; or was wholly caused by an act or omission done
with the intent to cause the incident by a third party.
If the loss exceeds the limit, the carrier is further liable - up to a limit of 400,000 SDR
per passenger on each distinct occasion - unless the carrier proves that the incident
which caused the loss occurred without the fault or neglect of the carrier.
For the loss suffered as a result of the death of or personal injury to a passenger not
caused by a shipping incident, the carrier is liable if the incident which caused the loss
was due to the fault or neglect of the carrier. The burden of proving fault or neglect lies
with the claimant.
The liability of the carrier only includes loss arising from incidents that occurred in the
course of the carriage. The burden of proving that the incident which caused the loss
occurred in the course of the carriage, and the extent of the loss, lies with the claimant.
"Opt-out" Clause
The Protocol allows a State Party to regulate by specific provisions of national law the
limit of liability for personal injury and death, provided that the national limit of liability,
if any, is not lower than that prescribed in the Protocol. A State Party, which makes use
of this option is obliged to inform the IMO Secretary-General of the limit of liability
adopted or of the fact that there is none.
o The liability of the carrier for the loss of or damage to cabin luggage is
limited to 2,250 SDR per passenger, per carriage.
o liability of the carrier for the loss of or damage to vehicles including all
luggage carried in or on the vehicle is limited to12,700 SDR per vehicle, per
carriage.
o liability of the carrier for the loss of or damage to other luggage is limited
to 3,375 SDR per passenger, per carriage.
The carrier and the passenger may agree that the liability of the carrier shall be subject
to a deductible not exceeding 330 SDR in the case of damage to a vehicle and not
exceeding 149 SDR per passenger in the case of loss of or damage to other luggage,
such sum to be deducted from the loss or damage.
Amendment of limits
The 2002 Protocol introduces a new procedure for amending the limits of liability under
the Convention, so that any future raises in limits can be achieved more readily. Under
the 1974 Convention, limits can only be raised by adopting amendments to the
Convention which require a specified number of States' acceptances to bring the
amendments into force. This has meant, for example, that the 1990 Protocol, which was
intended to raise the limits, has not yet entered into force and indeed is being
superseded by the 2002 Protocol.
The 2002 Protocol therefore introduces a tacit acceptance procedure for raising the
limits of liability. A proposal to amend the limits, as requested by at least one-half of
the Parties to the Protocol, would be circulated to all IMO Member States and al States
Parties and would then be discussed in the IMO Legal Committee. Amendments would
be adopted by a two-thirds majority of the States Parties to the Convention as amended
by the Protocol present and voting in the Legal Committee, and amendments would
enter into force 18 months after its deemed acceptance date. The deemed acceptance
date would be 18 months after adoption, unless within that period not less than one
fourth of the States that were States Parties at the time of the adoption of the
amendment have communicated to the IMO Secretary-General that they do not accept
the amendment.
For the first time in an IMO Convention, a regional economic integration organization
may sign up to the Protocol. An article in the Protocol states that a Regional Economic
Integration Organization, which is constituted by sovereign States that have transferred
competence over certain matters governed by this Protocol to that Organization, may
sign, ratify, accept, approve or accede to the Protocol. A Regional Economic Integration
Organization which is a Party to this Protocol shall have the rights and obligations of a
State Party, to the extent that the Regional Economic Integration Organization has
competence over matters governed by this Protocol.
Title of Convention
The Protocol states that Articles 1 to 22 of the Convention, as revised by the Protocol,
together with Articles 17 to 25 of the Protocol and the Annex thereto, shall constitute
and be called the Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea, 2002.
States who ratify the 2002 Protocol are required to denounce the 1974 Convention and
its 1976 and 1990 Protocols, if they are Party to the 1974 Convention and those Protocols.
2006 "reservation"
The Legal Committee at its 92nd session in October 2006 adopted the text of a
reservation, intended for use as a standard reservation, to the 2002 Protocol and
adopted Guidelines for the implementation of the Athens Convention, to allow limitation
of liability in respect of claims relating to war or terrorism.
The aim is to put States in a position to ratify the 2002 Protocol and thereby afford
passengers better cover.
The text of the agreed reservation states that the Government concerned reserves the
right to and undertakes to limit liability to 250,000 units of account in respect of each
passenger on each distinct occasion; or 340 million units of account overall per ship on
each distinct occasion. This relates in particular to war insurance which, under the
guidelines, shall cover liability, if any, for loss suffered as a result of death or personal
injury to a passenger caused by:
International Convention for the Control and Management of Ships' Ballast Water and
Sediments, 2004 and US Ballast Water Management (BWM) Regulations
OUTLINE
The Ballast Water Management Convention 2004 will enter into force on 8
September 2017.
The International Group has prepared an update and guidance on compliance
with this Convention and with US BWM Regulations.
Further updates and guidance will be provided as and when necessary.
To the Members
International Convention for the Control and Management of Ships' Ballast Water and
Sediments, 2004 and US Ballast Water Management (BWM) Regulations
Background
The IMO‟s International Convention for the Control and Management of Ships' Ballast
Water and Sediments, 2004 (the “Convention”) will enter into force on 8th September
2017. The Convention seeks to prevent the spread of harmful aquatic organisms from
one region to another, by the establishment of standards and procedures for the
management and control of ships' ballast water and sediments.
As of 11th January 2017, there are 54 Contracting States to the Convention representing
53.30% of the world‟s global tonnage[1].
The United States (US) is not a State Party to the Convention. Instead the US has its own
requirements. In particular, US Coast Guard (USCG) Regulations require the installation
on most ships operating and discharging ballast water in US waters of a BWM system
approved by the USCG that meets the USCG‟s testing standards at the first scheduled
dry docking after 1st January 2016. The USCG testing standards have, up until the
adoption last year of the 2016 IMO Guidelines for approval of ballast water management
systems (G8), been considered more robust than IMO Guidelines for the approval of
BWM systems. As is noted below, the State of California has its own BWM standards,
which will be even stricter than those of the USCG.
The inconsistent nature of the various Regulations has caused some confusion in the
industry.
Under the Convention, all ships engaged on international voyages will be required to
manage their ballast water and sediments to a certain standard, according to a ship-
specific BWM plan, approved by the Member‟s Flag Administration. All ships will also
have to carry a ballast water record book and an international BWM certificate. The
BWM standards will be phased in over a period of time. Eventually, most ships will need
to install an on-board ballast water treatment system meeting the IMO‟s standards by
the date of a ship‟s first renewal of its International Oil Pollution Prevention (IOPP)
certificate after the Convention enters into force on 8th September 2017 (as prescribed
in IMO Assembly Resolution A.1088 (28)). As an example, a ship that completes her IOPP
renewal survey on 7th September 2017 may then have until 7th September 2022 before
the ship will be required to comply with Regulation D-2 of the Convention and thereby
fit a type-approved BWM system.
States Parties to the Convention are given the option to take additional measures which
are subject to criteria set out both in the Convention and agreed IMO
guidelines. Members should contact their Flag States, if they are States Parties to the
Convention, to determine whether any such additional measures will be taken.
Once the Convention enters into force, ships‟ Ballast Water Record Books must record
when ballast water is taken on board; circulated or treated for BWM purposes, and
discharged into the sea. It should also record when ballast water is discharged to a
reception facility as well as accidental or other exceptional discharges of ballast water.
Regulation D-3 of the Convention requires that BWM systems which make use of Active
Substances to comply with the Convention shall be approved by IMO in accordance with
the Procedure for approval of ballast water management systems that make use of
Active Substances (G9). Procedure (G9) consists of a two-tier process – Basic and Final
Approval – to ensure that the BWM system does not pose an unreasonable risk to the
environment, human health, property or resources.
A list of over sixty BWM systems that have either received basic or type approval by the
IMO (and in the case of BWM systems which use active substances, final approval) can
be found at:
http://www.imo.org/en/OurWork/Environment/BallastWaterManagement/Documents/Ta
ble%20of%20BA%20FA%20TA%20updated%20May%202015.pdf
The IMO has also issued a set of FAQs on their website as follows:
http://www.imo.org/en/OurWork/Environment/BallastWaterManagement/Pages/BWMFA
Q.aspx
The specific requirements for BWM systems are contained in regulation B-3 (Ballast
Water Management for Ships) of the Convention which provides that BWM systems used
to comply with the Convention must be approved by the Flag Administration taking into
account the Guidelines for approval of ballast water management systems
(G8). Further information on these specific requirements can be found at:
http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/International-
Convention-for-the-Control-and-Management-of-Ships'-Ballast-Water-and-
Sediments-(BWM).aspx
The IMO comprehensively revised the above mentioned G8 Guidelines at the MEPC 70
meeting in October 2016, adopting through resolution MEPC.279(70) the 2016 Guidelines
for approval of ballast water management systems (G8) (the 2016 G8 Guidelines). MEPC
70 also agreed that the latest guidelines should be made mandatory and therefore the
IMO is currently working on text to revise the 2016 G8 Guidelines so that it can be
renamed as the Code for approval of ballast water management systems.
Shipowners who had already installed before 28th October 2016 a BWM system
approved in accordance with the G8 Guidelines current at the time, or who install a
BWM system approved in accordance with the previous version of the G8 Guidelines (i.e.
approved in accordance with resolution MEPC.174(58) before 28th October 2020, will not
be required to replace them with a system that is approved in accordance with the 2016
G8 Guidelines.
Shipowners who install a BWM system between 8th September 2017 and 28th October
2020 can choose to install such a system approved in accordance with either the
previous version of the G8 Guidelines i.e. the G8 Guidelines adopted through resolution
MEPC.174(58), or the updated 2016 G8 Guidelines.
However, shipowners who install a BWM system after 28th October 2020 will have to
install a system approved in accordance with the 2016 G8 Guidelines.
This approach was agreed by the IMO through Resolution MEPC.253(67) to protect those
owners, considered early movers, that have installed systems approved in accordance
with the previously adopted G8 Guidelines prior to the application of the 2016
Guidelines.
Further details on these two sets of Guidelines can be obtained from Members‟ Flag
administrations.
The USCG amended its Regulations on BWM in March 2012 by establishing ballast water
standards for the allowable concentration of living organisms in ballast water
discharged from ships into waters of the US. The requirements, that are now in force,
require commercial sea going ships operating in US waters – within 12 nautical miles of
the baseline, to manage ballast in one of the following ways:
Although the Regulations have been in force since 2012, until recently there were no
USCG type approved systems. However, on 2nd December 2016, the USCG‟s Marine
Safety Centre announced the approval of the first USCG type approved BWM system,
namely Optimarin‟s BWM system. On 23rd December 2016, the USCG announced its type-
approval of two more BWM systems: Alfa Laval Tumba AS‟s PureBallast 3 and
OceanSaver AS‟s BWTS MKII. All three systems also have IMO type approval. Thus,
shipowners and operators now have three BWM systems options pursuant to which they
can achieve compliance with both the USCG and IMO‟s BWM standards.
Members should also note that in conjunction with the type approval certification, the
USCG released Marine Safety Information Bulletin 14-16 which provides useful answers
to frequently asked questions concerning:
This Bulletin explains, however, that the US Regulations still allow the USCG to grant an
extension to a vessel‟s compliance date if the master, owner, operator, agent or person
in charge (collectively “owner/operator”) documents that, despite all efforts, compliance
with one of the approved BWM methods, including installation of a USCG type-approved
BWM system, is not possible.
Importantly, the USCG have advised that now that USCG type-approved BWM systems
are available, any owner/operator requesting an extension from the USCG should still
be discussing options for installation with the manufacturer(s) of the approved
system(s) and must provide an explicit statement supported by documentary evidence
of the efforts that have been made to comply (e.g., a delay in commercial availability)
and explicit reasons for why the installation of a type-approved system is not possible
for purposes of compliance with the regulatory implementation schedule. Any owner
that wishes to apply for an extension must now use the amended extension application
spreadsheet (click here)[2]. This has recently been modified to ensure that USCG staff
can review each application independently. For this reason, batch applications can no
longer be accepted and a separate application must be submitted for each ship.
The USCG Bulletin concludes by reminding owners that while this certification provides
shipowners and operators with a type-approved system to meet the ballast water
discharge standard, vessels can continue to comply with the USCG BWM Regulations by
the alternative methods mentioned in this Circular.
On 30th December 2016, the California State Lands Commission issued a reminder
Notice for vessels calling at Californian ports covering the existing reporting
requirements relating to BWM. The Notice can be found at:
http://www.slc.ca.gov/Forms/MISP/2017_LtrAgents.pdf
Neither the Convention nor the USCG Regulations will require amendment of existing
Club Rules. Liabilities (including fines for inadvertently introducing untreated ballast
into the environment) arising from the escape or discharge overboard through a “faulty”
approved system of untreated ballast or other environmental liabilities related to
ballast are capable of cover, subject always to the Rules and any terms and conditions
of cover. Cover for other fines relating to a breach of BWM requirements would only be
available on a discretionary basis.
[1]http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%2
0of%20Treaties.pdf
The Convention prohibits the use of harmful organotins 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-fouling paints are used to coat the bottoms of ships to prevent sealife such as
algae and molluscs attaching themselves to the hull – thereby slowing down the ship
and increasing fuel consumption.
In the early days of sailing ships, lime and later arsenic were used to coat ships' hulls,
until the modern chemicals industry developed effective anti-fouling paints using
metallic compounds. These compounds slowly "leach" into the sea water, killing
barnacles and other marine life that have attached to the ship. But studies have shown
that these compounds persist in the water, killing sea-life, harming the environment
and possibly entering the food chain. One of the most effective anti-fouling paints,
developed in the 1960s, contains the organotin tributyltin (TBT), which has been proven
to cause deformations in oysters and sex changes in whelks.
Under the terms of the AFS Convention, Parties to the Convention are required to
prohibit and/or restrict the use of harmful anti-fouling systems on ships flying their
flag, as well as ships not entitled to fly their flag but which operate under their authority
and all ships that enter a port, shipyard or offshore terminal of a Party.
The Convention includes a clause which states that a ship shall be entitled to
compensation if it is unduly detained or delayed while undergoing inspection for
possible violations of the Convention.
Annex I states that all ships shall not apply or re-apply organotins compounds which
act as biocides in anti-fouling systems. This applies to all ships (including fixed and
floating platforms, floating storage units (FSUs), and Floating Production Storage and
Offtake units (FPSOs).
The Convention provides for the establishment of a “technical group”, to include people
with relevant expertise, to review proposals for other substances used in anti-fouling
systems to be prohibited or restricted. Article 6 on Process for Proposing Amendments
to controls on Anti-fouling systems sets out how the evaluation of an anti-fouling
system should be carried out.
RECALLING ALSO resolution A.744(18) by which the Assembly adopted the Guidelines on
the enhanced programme of inspections during surveys of bulk carriers and oil tankers
(the Guidelines),
RECALLING FURTHER article VIII(b) and regulation XI-1/2 of the International Convention
for the Safety of Life at Sea (SOLAS), 1974 (hereinafter referred to as “the Convention”)
concerning the procedure for amending the Guidelines,
NOTING that the Assembly, when adopting resolution A.744(18), requested the Maritime
Safety Committee and the Marine Environment Protection Committee to keep the
Guidelines under review and update them as necessary, in the light of experience
gained in their application,
10. Thru a word file to be submitted via mrooms and google classroom, have the
following done:
11. 1. Explain what is the Enhanced Survey program.
12. 2. Enhanced Survey program is developed in such a way that it can be integrated
with other surveys. Explain the each survey as follows:
13. 2.1 Annual Survey
14. 2.2 Intermediate Survey
15. 2.3 Dry dock Survey
16. 2.4 Renewal Survey
17. 3. ESP is conducted to check the watertight integrity of the ship. Give the details
of each of the areas to be inspected within the ship.
18. – Close-up survey of the structures such as Shell, frames, bulkheads etc.
19. – Thickness measurement of hull
20. – Inspecting and Testing of Cargo Tanks
21. – Inspecting and Testing of Ballast Tanks
22. – Inspection and Testing of Hatch Covers and Coamings
23. – Inspecting and Testing fuel tanks, side and double bottom Tanks