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.
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.

The Scope of Maritime Law

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.

International Ocean Law

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:

 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.

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.
Lesson 2. Law of the Sea

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.
Lesson 3: United Nations Conventions on the law of the Sea

The United Nations Convention on the Law of the Sea (UNCLOS), also called the
Law of the Sea Convention or the Law of the Sea treaty, is 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

Convention on the Continental Shelf, entry into force: 10 June 1964

Convention on the High Seas, entry into force: 30 September 1962

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.

Exclusive economic zones (EEZs).

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

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.
In 1990, consultations were begun between signatories and non-signatories
(including the United States) over the possibility of modifying the Convention to
allow the industrialized countries to join the Convention. The resulting 1994
Agreement on Implementation was adopted as a binding international Convention.
It mandated that key articles, including those on limitation of seabed production
and mandatory technology transfer, would not be applied, that the United States, if
it became a member, would be guaranteed a seat on the Council of the
International Seabed Authority, and finally, that voting would be done in groups,
with each group able to block decisions on substantive matters. The 1994
Agreement also established a Finance Committee that would originate the financial
decisions of the Authority, to which the largest donors would automatically be
members and in which decisions would be made by consensus.

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).
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