BARQUE

MARLAW REVIEWER

Lesson1: 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

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 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

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 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 (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 – Radio communications

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
 COMPILATION OF QUIZZES

MarLaw Quiz 1

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? – Law
2. 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? – Maritime Law
3. Which of the following does not belong to the international organizations involved in the
improvement of maritime affairs? – United Nations Council on Trade and Development
(UNCTAD)
4. Which of the following is not a source of maritime law? – Legislations
5. What refers to the body of rules concerning the rights and duties between individuals and or
groups of individuals? – Maritime Law

MarLaw Quiz 2

1. How many miles, each country’s sovereign territorial waters extend according the 1982
convention? – A maximum of 12 nautical miles beyond its coast
2. 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? – Innocent Passage
3. It refers to a line connecting equal points of water depth. – Isobath
4. How many miles each country’s sovereign territorial waters extend according to the 1982
convention? – To a maximum of 12 nautical miles beyond its coast
5. How many miles from baseline is the EEZ as per UNCLOS? – 200 NM
6. United Nations Convention on the Law of the Sea (UNCLOS) replaces the old law which is? –
Freedom of the Sea
7. 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. – Maritime
Law
8. In the United Nations Convention, when thus the Law of the Sea was codified & signed? –
December 10. 1982
9. Where thus the UNCLOS I conference was held? – Geneva, Switzerland
10.Under the United Nations (UN), which Organization oversees of preparing, ratifying, amending
and implementation of Maritime Law? – IMO

MarLaw Quiz 3
1. What was the judgment of Permanent Court of Arbitration in Scarborough Shoal dispute? – 12
July 2016
2. Which country rejected the judgment of Permanent Court of Arbitration in Scarborough Shoal
dispute? – China
3. Where did UN hold its first Conference on the Law of the Sea? – Geneva
4. When did UN hold its first Conference on the Law of the Sea? – 1956
5. When did UNCLOS come into force? – 16 November 1994
6. When did Convention on the Territorial Sea and Contiguous Zone come into force? – 10
September 1964
7. When did Convention on the High Seas come into force? – 30 September 1962
8. Where did UN hold its third Conference on the Law of the Sea? – New York
9. When did Convention on Fishing and Conservation of Living Resources of the High Seas come
into force? – 20 March 1966
10.When did Convention on the Continental Shelf come into force? – 10 June 1964

MarLaw Quiz 4
1. What was signed in London on 05 April 1966, amended by the protocol and further revised in
2003? – International Convention on Load Lines
2. It is a horizontal line measuring 300mm by 25mm. It passes through the upper surface of the
freeboard. – Deck Line
3. 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’ – Load Line Disc
4. 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? – International Load Line Certificate
5. The vertical distance between the center of the ring and the upper edge of the deck line: -
deck line

MarLaw Quiz 5
1. “When securing the accommodation for sea, empty lockers don’t need to be closed” – False
2. Information on safety and hazard control practices and procedures on a vessel is described in:
- the vessel’s Safety Management Manual
3. Many hazards exist on a boat. The obligations to safety of a deckhand when working with
others – The obligation is continuous
4. Under the Occupational Health and Safety Acts, an employer is required to” – provide training
that ensures the health/ safety at work of employees
5. Safety equipment is checked by the crew: - before and during each voyage
6. Distress flares need to be renewed every: - three years from date of manufacture
7. Under “Duty of Care”, an employee: - must always ensure the loose gear is secured
8. Warning signage information for restricted areas and emergency procedures: - should be
known and implemented
9. Under the Occupational Health and Safety Acts, an employee is required to: - implement
safety procs and use safety equipment appropriately
10.“Smoking is only permitted in the gallery between meals.”: - False