INTERNATIONAL

MARITIME
LAW
AND
CONVENTIONS

Asst. Prof.Dr. Nazmi

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INTERNATIONAL MARITIME LAW

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 INTERNATIONAL MARITIME LAW AND
CONVENTIONS
 Description of the Course

 This course develops awareness of international low

and the relationship between
 United Nations
 United Nations Convention on the Law of the Sea
(UNCLOS)
 International Maritime Organization
 law, convention, codes and other forms of guidance,
 basic international Maritime conventions, codes and
other instruments.
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 INTERNATIONAL MARITIME LAW AND
CONVENTIONS
 Description of the Course

 Chapter I Introduction: Sources of International Law

 Chapter II: United Nations (UN)
 Chapter III: UN Convention on the Law of the Sea
 Chapter IV: International Maritime Organization (IMO)
 Chapter V: IMO Maritime Safety Instruments
 Chapter VI: IMO Marine Pollution Instruments

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 Chapter I: Introduction

Sources of International Law

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 INTERNATIONAL MARITIME LAW

WHAT IS THE INTERNATIONAL LAW

 International law is the system of

* law regulating,
* the relations between sovereign States and
• their rights and duties

• with respect to each other.

SOURCES OF INTERNATIONAL LAW

It derives mainly from customary law and treaties.
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 INTERNATIONAL MARITIME LAW

SOURCES OF INTERNATIONAL LAW

 Customary (teamuli, adet) law

Derives from;
* practice followed continuously in a
* particular location, or
by particular States,
such that the practice becomes accepted as part of the law
in that location or of those States.

is ascertained from the customary practice of States

together with evidence that States regard these practices
as a legal obligation.

is sometimes regarded as the foundation stone of

international law.
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 INTERNATIONAL MARITIME LAW

SOURCES OF INTERNATIONAL LAW

 Treaties
is a written international agreement between two States
(a bilateral treaty) or

between a number of States (a multilateral treaty),

which is binding in international law.

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 INTERNATIONAL MARITIME LAW

Treaties
*Treaties are usually made under the auspices of an
internationally accepted organization such as
the United Nations or one of its agencies, such as IMO or ILO.

• Treaties are binding only on those States which are parties

to the treaty (sometimes called “convention countries“),

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 Chapter II

The United Nations

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 FORMATION OF THE UNITED NATIONS

World War I

After the war League of

Nations Formed with a wish
to protect peace.

While war , United

But League of Nations failed to Nations is coined 1942
protect peace due to wrong and formed after World
attitude and decisions War II by UN Charter
World War II starts
Such as Germany and
Figure: League of Nations Russia were not the part
Emblem of League

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 HISTORY OF THE UNITED NATIONS

 Delegates deliberated on the basis of proposals worked

out by the representatives of,
 China
 The Soviet Union In United States in 1944
 The United Kingdom
 United States

In 1945

To draw up
 Representatives of 50 countries met in The United
San Francisco Nations
Charter.
24 October 1945 Figure: Charter of United
Nations
 The United Nations officially came into existence, when the
Charter had been ratified by signatories.

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 HISTORY OF THE UNITED NATIONS

 Today , United Nations have 193 Member

from all over the World.

 Try to maintain international peace and

security all over the world.

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PURPOSE OF THE UNITED NATIONS
 To maintain international
peace and security about
by peaceful means

 Adjustment or settlement
of international disputes
or situations which
might lead to a breach of
the peace
In conformity with the
principles of justice and
international law

Figure: Illustration of Peace

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PURPOSES OF THE UNITED NATIONS

 To achieve international co-operation in solving

international problems of ,
 economic, For Promoting and
 social, encouraging respect for
 cultural, human rights and for
 or humanitarian character, fundamental freedoms

For all without

distinction
As to race, sex, language, or religion

 To be a centre for harmonizing the actions of

nations in the attainment of these common ends

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 FUNDS AND PROGRAMS

 UNDP (United Nations Development Programme)

 UNEP (United Nations Environment Programme)
 UNFPA(United Nations Population Fund)
 UN-Habitat(United Nations Human Settlements
Programme)
 UNICEF(United Nations Children's Fund)
Figure: UNBD subsidized school fees and
 WFP(World Food Program) building repairs in Myanmar

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SPECIALIZED AGENCIES
OF THE UNITED
NATIONS
 IMO (International Maritime Organization)
 ILO (International Labour Organization) Relation With
 ITU(International Telecommunication Union) Marine Sector
 FAO (Food and Agriculture Organization)
 ICAO (International Civil Aviation Organization)
 IFAD (International Fund for Agricultural Development)
 IMF (International Monetary Fund)
 UNESCO (United Nations Educational , Scientific and Cultural
Organization)
 UNIDO (United Nations Industrial Development Organization)
 UNWTO (World Tourism Organization)
 UPU (Universal Postal Union)
 WHO (World Health Organization)
 WIPO (World Meteorological Organization)
 World Bank

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 Structure (Main Organs) of The United
Nations
Main Organs

General Assembly Security Council Economic and Trusteeship Council International Secretariat
(193 Member ) (15 Members) Social Council Court of
Justice

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 GENERAL ASSEMBLY

 The General Assembly is the,

 main deliberative,
 policymaking and
 representative organ of the UN.

 All 193 Member State of the UN

are represented in the General
Assembly

Only UN body with

universal
representation. Figure: Picture Of General Assembly Place
 Each year, in September, the full UN membership meets.

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 GENERAL
ASSEMBLY
 Decisions on important questions such as,
 Those on peace and security, Require a two-thirds
 Admission of new members majority of the
 Budgetary matters General Assembly.

 Decisions on other questions are by simple

majority.

 Each year, GA President

elected to serve a one-year
Figure9=General Assembly Building
term of office.

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 2)SECURTY
COUNCIL

 Under the Charter, the

Security Council has primary
responsibility for the
maintenance of international
peace and security.

 It has 15 Members, and each

Member has one vote. Under
the Charter, all Member
States are obligated to
comply with Council
decisions.

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 The Council is composed of following members,

5 Permanent 10 non – Permanent

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 The five permanent members ,
 the UK
 The USA,
 France, Have a veto right that allows them to stop any
 China resolution from being adopted.
 Russia
 Ten non-permanent members elected for two-year terms by the General
Assembly (with end of term date):
 Bolivia (2018)
 Côte d’Ivoire (2019)
 Equatorial Guinea (2019)
 Ethiopia (2018)
 Kazakhstan (2018)
 Kuwait (2019)
 Netherlands (2018)
 Peru (2019)
 Poland (2019)
 Sweden (2018)

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 SECURTY COUNCIL

 The Security Council takes the lead in determining the existence of a threat to the peace or act of
aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends
methods of adjustment or terms of settlement.

 In some cases, the Security Council can resort to imposing sanctions or even authorize the use of
force to maintain or restore international peace and security.

 The Security Council also recommends to the General Assembly the appointment of the
Secretary-General and the admission of new Members to the United Nations. And, together with
the General Assembly, it elects the judges of the International Court of Justice.

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 INTERNATIONAL COURT OF JUSTICE

 The International Court of Justice is the principal judicial

organ of the United Nations.
 Its seat is at the Peace Palace in the Hague (Netherlands).

Only one of the six

principal organs

Not located in New York.

 The Court is composed of 15 judges, who are elected for
terms of office of nine years by the United Nations General
Figure: Court Of Justice Assembly and the Security Council.

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 INTERNATIONAL COURT OF JUSTICE
 Its official languages ,
 English
 French.

 The Court’s role is to settle

In accordance with
international law

 Legal disputes submitted to it by States

 To give advisory opinions on legal questions referred Figure12=15 Judges Of International Court of Justice
to it by authorized United Nations organs and
specialized agencies.

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 Chapter III

United Nations Convention

on the Law of the Sea

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 INTERNATIONAL MARITIME LAW

UN Conferences on the Law of the Sea - UNCLOS

Conferences and Convention)
The law of the sea has been made at various UN
Conferences on the Law of the Sea (UNCLOS)

Three “UNCLOS” conferences have been convened:

• UNCLOS I, at Geneva in 1958;
• UNCLOS II, at Geneva in 1960;
• UNCLOS III, at Geneva in 1974.

* The outcome of UNCLOS III was the United Nations

Convention on the Law of the Sea commonly
known as UNCLOS
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 INTERNATIONAL MARITIME LAW

United Nations Convention on the Law of the Sea (UNCLOS)

attempts to codify the international law of the sea.

is a treaty document of 320 articles and 9 annexes,

Governing all aspects of ocean space, such as;

- Delimitation (Marine areas)
- environmental control,
- marine scientific research,
- economic and commercial activities,
- transfer of technology
- settlement of disputes relating to ocean matters

came into force internationally on 16 November 1994.

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 INTERNATIONAL MARITIME LAW

UNCLOS provisions relating to zones of Coastal State jurisdiction

and the High Seas

•UNCLOS sets the width of the

•territorial sea up to 12 nautical miles, with a
•contiguous zone at 24 nautical miles from the baseline.

•It defines innocent passage through the territorial sea and defines transit
passage through international straits.

• It defines archipelagic States and allows for passage through

archipelagic waters.

• UNCLOS establishes exclusive economic zones (EEZs) extending to

200 nautical miles from baselines.
• It defines the continental shelf and extends jurisdiction over the
resources of the shelf beyond 200 miles where appropriate.
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 INTERNATIONAL MARITIME LAW

UNCLOS provisions relating to zones of Coastal State

jurisdiction and the High Seas

* UNCLOS defines the legal status of the high seas and

establishes regulations for the control of marine pollution.

• States in dispute about their interpretation of UNCLOS may

submit their disagreements to competent courts such as the

• International Court of Justice (in The Hague), or

• Law of the Sea Tribunal (in Hamburg).

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 Territorial waters or a territorial sea

The sovereignty of a coastal state extends beyond its

land territory and internal waters and, in the case of an
archipelagic state, its archipelagic waters, to an adjacent
belt of sea described as the territorial sea.
This sovereignty extends to the air space over the
territorial sea as well as to its seabed and subsoil.
Sovereignty over the territorial sea is exercised subject to
UNCLOS and to other rules of international law.
Every state has the right to establish the breadth of its
territorial sea up to a limit not exceeding 12 nautical miles
measured from the baseline determined in accordance with
UNCLOS.
The outer limit of the territorial sea is the line, every point
of which is at a distance from the nearest point of the
baseline equal to the breadth of the territorial sea. A list of
known claims for territorial sea limits is published in Annual
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 TERRITORIAL SEA
•Every State has the right to establish the breadth of its territorial sea up
to a limit not exceeding 12 nautical miles.
• UNCLOS Article 3
• Maximum Breadth 12M
• Coastal State has *sovereignty over the territorial sea
• All vessels enjoy the right of innocent passage
through the territorial sea, UNCLOS Article17.

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 CONTIGUOUS ZONE
 The contiguous zone, the
coastal State may exercise the
control necessary to:
(a) prevent *infringement of its
customs,*fiscal,immigration or
sanitary laws and regulations
within its territory or territorial sea
(b) punish infringement of the
above laws and regulations
committed within its territory or
territorial sea.
 The contiguous zone may not
extend beyond 24 nautical
miles from the baselines from
which the breadth of the
territorial sea is measured.

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 INNOCENT
PASSAGE 36
 The right of vessels of one
nation to navigate peacefully
through the territorial waters
of another nation.
 Passage through a territorial
sea must be continuous and
expeditious.
 A littoral ( coastal ) state
must not *hinder innocent
passage.
 INNOCENT PASSAGE
 The regime of innocent passage, shall apply in straits used for
international navigation: between a part of the high seas or an
exclusive economic zone and the territorial sea of a foreign State.

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 Innocent Passage
UNCLOS Article 19 defines in full the meaning of innocent passage.
The general provision accords foreign vessels the right of innocent
passage through territorial Seas without making a port call or to and
from a roadstead or port.
Innocent passage does not include stopping or anchoring except as far
as it is incidental to normal navigation or is rendered necessary by
force majeure.
The right of innocent passage also extends to internal waters enclosed
by straight baselines where these waters were recognised as a route
used for international navigation prior to the formation of the straight
baselines.

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 Innocent Passage
UNCLOS clarifies the meaning of innocent passage by stating that
passage is innocent so long as it is not prejudicial to the peace, good
order or security of the coastal state.
The convention further states that passage of a foreign vessel shall be
considered prejudicial to these conditions if it engages in any of the
following activities:

INNOCENT PASSAGE PROHIBITS:

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 INNOCENT PASSAGE PROHIBITS
 Threat or use of force
 Weapons exercise or
practice
 Flight
 *Intelligence collection
 Research or survey
 Submerged submarines
 Pollution
 Interference with communication
 Propaganda
 Loading or unloading of any
commodity , currency , or person
contrary to coastal state law
 Fishing
*intelligence:istihbarat
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 Innocent Passage

 any threat or use of force against the sovereignty,

territorial integrity or political independence of the
coastal State, or in any other manner in violation
of the principles of international law embodied in
the Charter of the United Nations;
 any exercise or practice with weapons of any
kind;
 any act aimed at collecting information to the
prejudice of the defence or security of the coastal
State;

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 Innocent Passage
 any act of propaganda aimed at affecting the
defence or security of the coastal State;
 the launching, landing or taking on board of any
aircraft;
 the launching, landing or taking on board of any
military device;
 the loading or unloading of any commodity,
currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the
coastal State;

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 Innocent Passage
 any act of willful and serious pollution contrary to
this Convention;
 any fishing activities;
 the carrying out of research or survey activities;
 any act aimed at interfering with any systems of
communication or any other facilities or
installations of the coastal State;
 any other activity not having a direct bearing on
passage.

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 Submarine and other underwater vehicles must navigate on the
surface and exhibit their flag unless the coastal nation waives
the requirement.

 Stopping and anchoring is

allowed only to provide
assistance to persons, ships,
or aircraft in danger or distress

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 TRANSIT

PASSAGE
Transit passage applies to
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straits
 which are used for
international navigation
 between one part of the high
seas or an exclusive economic
zone and another part of the
high seas or an exclusive
economic zone.
 THE RESPONSIBILITIES OF
THE COASTAL STATES
 The coastal State shall determine the allowable catch of the living resources
in its exclusive economic zone.
 The coastal State shall have exclusive jurisdiction over such *artificial
islands, installations and structures, including jurisdiction with regard to
customs, fiscal, health, safety and immigration laws and regulations.
 The coastal State shall *promote the objective of optimum utilization of the
living resources in the exclusive economic zone without *prejudice

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 The coastal State may adopt laws and
regulations, in conformity with the provisions
of this Convention:
(a) the safety of navigation and the regulation of maritime
traffic;
(b) the protection of navigational aids and facilities and other
facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and
regulations of the coastal State;

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 Baselines

The baseline from which the width of the territorial sea

is measured is normally the low water line shown on the
largest scale chart that is officially recognised by the coastal
state.

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 Baselines

However, UNCLOS makes allowance for the use of

straight baselines which may be drawn along coastlines
which are deeply indented or fringed with islands or reefs.
There is also provision for the use of Archipelagic Baselines
in recognised Archipelagic States and in addition, straight
lines may be used to close the entrance of a bay providing
the line does not exceed 24 miles in length and providing the
area enclosed is greater than a semi-circle of diameter equal
to the length of the bay closing line.

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Contiguous zone

The contiguous zone is a band of water extending

from the outer edge of the territorial sea to up to 24 nautical
miles from the baseline, within which a state can exert
limited control for the purpose of preventing or punishing
"infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea".

This will typically be 12 nautical miles wide, but could

be more (if a state has chosen to claim a territorial sea of
less than 12 nautical miles), or less, if it would otherwise
overlap another state's contiguous zone. However, unlike
the territorial sea there is no standard rule for resolving such
conflicts, and the states in question must negotiate their own
compromise.
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Exclusive Economic Zone
An exclusive economic zone extends for 200 nautical miles
beyond the baselines of the territorial sea, thus it includes the territorial
sea and its contiguous zone.
Within the EEZ the coastal state has sovereign rights for the
purpose of exploring, exploiting, conserving and managing the natural
resources, whether living or non-living, of the waters superadjacent to
the seabed, the seabed and the subsoil thereof, and with regard to
other activities for the economic exploitation of the zone, such as the
production of energy from the water, currents and winds. The coastal
state has jurisdiction over the establishment of artificial islands,
installations and structures within the zone, and control of marine
scientific research and the protection and preservation of the marine
environment. Coastal states claiming an EEZ are noted in the Annual
Notice
However, it cannot regulate or prohibit passage or loitering
above, on, or under the surface of the sea, whether innocent or
belligerent, within that portion of its exclusive economic zone beyond
its territorial sea.
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 EXCLUSIVE ECONOMIC ZONE (EEZ)
Extends to 200 NM from to the base line. In exclusive economic zone and space
above the zone , ships and aircrafts of all states enjoy ;
- Freedom of navigation / overflight.
- Laying of submarine cables and pipelines.

In EEZ, Coastal State has the following rights:

u Conserving and managing the natural resources
u Exclusive rights for construction, maintenance of artificial island, off shore
terminals, *installations etc :

*exclusive economic zone: münhasır

ekonomik bölge

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Continental shelf

UNCLOS defines the continental shelf as comprising the seabed

and subsoil of the submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land territory to the outer edge
of the continental margin, or to a distance of 200 nautical miles from the
territorial sea baseline where the outer edge of the continental margin
does not extend to that distance.

In the area between the outer limit of the EEZ and the outer limit of
the continental shelf, coastal states have sovereign rights for the purpose
of exploring, exploiting, conserving and managing the natural resources
comprising mineral and other non-living resources of the seabed or
subsoil together with living organisms belonging to sedentary species.

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 CONTINENTAL
SHELF(ARTICLE 76) 55

 Definition of the continental shelf

1. the continental shelf of a coastal state
comprises the seabed and subsoil of the
submarine areas that extend beyond its
territorial sea throughout the natural
*prolongation of its land territory to the
outer edge of the continental margin, or
to a distance of 200 nautical miles from
the baselines from which the breadth of
the territorial sea is measured where the
outer edge of the continental margin
does not extend up to that distance.
The outer limit of continental shelf
shall not exceed 350 nautical miles from
the baselines from which the breadth of
the territorial sea is measured.

*Prolongation:uzantı
The UN Convention on the Law of the Sea
(UNCLOS)

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 PART IV *ARCHIPELAGIC STATES
"Archipelago" means a group of islands, including parts of islands,
interconnecting waters and other natural features which are so closely
interrelated.
They have some common points ;
- geographical,
- economic and
- political entity

*archipelagic states: takımada devletleri

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 Archipelagic States

 UNCLOS describes an Archipelagic State as a state constituted

wholly by one or more archipelagos and this may include other
islands.

 These states may draw straight archipelagic baselines joining the

outermost islands and drying reefs of the archipelago providing the
rules and conditions of UNCLOS are met.

 The territorial sea of such states is then drawn to seaward of the

archipelagic straight baselines. States claiming archipelagic status
are listed in Annual Notice to Mariners No 12.

 The waters enclosed within archipelagic straight baselines are

termed archipelagic waters. Foreign vessels enjoy rights of innocent
passage through archipelagic waters.

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 Archipelagic States
Archipelagic States Examples:

 UNITED KINGDOM
 INDONESIA,
 PHILIPPINES
 JAPAN

Figure8: List of some Archipelagic Figure7: map of Indonesia

States

Figure6: Philippines
map

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High Seas
The high seas are open to all States, whether
coastal or land-locked States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines
(d) freedom to construct artificial islands and
other installations permitted under international
law,
(e) freedom of fishing,
(f) freedom of scientific
research,

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UNCLOS provisions relating to port State,
coastal State and flag State control of shipping
 Responsibility for enforcement of regulations rests mainly with flag
States, but as vessels enter zones closer to the coast the influence
of coastal State jurisdiction and, ultimately, port State
jurisdiction, gradually increases.

 Article 94 deals with duties of the flag State, while Article 217
deals with enforcement by flag States

 Article 218 deals with port State jurisdiction. When a vessel is

voluntarily within a port or at an offshore terminal, the port State
may, where the evidence warrants, begin proceedings in respect of
discharges in violation of international rules (i.e. regulations in
MARPOL 73/78). Another State in which a discharge violation has
occurred, or the flag State, may request the port State to investigate
the violation.

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UNCLOS provisions relating to port State,
coastal State and flag State control of shipping
 Article 200 deals with coastal State jurisdiction as
applied in relation to pollution provisions. Where there
are clear grounds for believing that a vessel navigating in
the territorial sea of a State has violated laws and
regulations of the coastal State adopted in accordance
with UNCLOS or applicable international pollution
regulations, the coastal State may inspect the vessel
and, where evidence warrants, institute proceedings
including detention of the vessel. Vessels believed to
have violated pollution laws in an EEZ may be required
to give identification and voyage information to the
coastal State.

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 The chief international treaty-making bodies
making provisions which regulate merchant
shipping
 International Maritime Organization (IMO)
 International Labour Organization (ILO)
 World Health Organization (WHO)
 International Telecommunications Union (ITU)

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 Chapter IV
International Maritime Organization (IMO)

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 Chapter IV

International MaritimeOrganization (IMO)

* Nature and Purposes of IMO

* Structure (Organs) of IMO
* Instruments of IMO

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 International Maritime Organization (IMO)
NATURE AND PURPOSES OF IMO

 IMO is a specialized agency of the United Nations dealing

with maritime affairs.
 IMO Member States control more than 98% of world
merchant tonnage.

IMO’s purposes are stated in Article 1 of the Convention on the

International Maritime Organization. The chief purposes can
be summarised as:
- to facilitate inter-governmental co-operation on State
regulation and practices relating to maritime technical
matters; and
- to encourage and facilitate the adoption of the highest
practicable standards of maritime safety, efficiency of
navigation and prevention and control of marine pollution from
ships. ML&C1 68
 IMO’s Organs

 Assembly,
 Council,
 Secretariat,
 Main committees:

 Maritime Safety Committee (MSC),

 Marine Environment Protection Committee (MEPC),
 Legal Committee,
 Technical Co-operation Committee.

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 IMO’s Organs

 Assembly, is the highest governing body of

IMO.
 It consists of all Member States and meets once
every 2 years in regular sessions, and in
extraordinary sessions if necessary.

 Assembly is responsible for approving IMO’s

work programme, for voting IMO’s budget and for
determining IMO’s financial arrangements.

 It elects IMO’s Council.

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 IMO’s Organs
Council
Council, is the executive organ of IMO

 is composed of 40 Member States elected by the Assembly for

2-year terms beginning after each regular session.

 The following countries were elected by the Assembly, at its

thirty-second session, to be Members of the IMO Council for
the 2022-2023 biennium:

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 IMO’s Organs: Council

 Category (a) 10 States with the largest interest in providing international

shipping services: China, Greece, Italy, Japan, Norway, Panama, Republic
of Korea, Russian Federation, United Kingdom, United states

 Category (b)10 other States with the largest interest in international seaborne
trade: Argentina, Bangladesh, Brazil, Canada, France, Germany, India,
Netherlands, Spain, Sweden

 Category (c) 20 States not elected under (a) or (b) above which have special
interests in maritime transport or navigation, and whose election to the
Council will ensure the representation of all major geographic areas of the
world:The Bahamas, Belgium, Chile, Cyprus, Denmark, Egypt, Indonesia,
Jamaica, Kenya, Malaysia, Malta, Mexico, Morocco, the Philippines, Qatar,
Saudi Arabia, Singapore, Thailand, Türkiye and Vanuatu islands.

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 IMO’s Organs: Secretariat

 Secretariat consists of the Secretary-General

and nearly 300 personnel, based at IMO’s
London headquarters

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 IMO’s Organs
 Main committees
 Maritime Safety Committee (MSC),

 Marine Environment Protection Committee

(MEPC)
 Legal Committee.

 Technical Co-operation Committee.

 Facilitation Committee

 each has sub-committees which deal with detailed

technical matters and may produce resolutions

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 Committees
 Maritime Safety Committee (MSC) is the highest technical body of the
Organization. It consists of all Member States. The functions of the
Maritime Safety Committee are to “consider any matter within the
scope of the Organization concerned with aids to navigation,
construction and equipment of vessels, rules for the prevention of
collisions, handling of dangerous cargoes, maritime safety procedures
and requirements, hydrographic information, log-books and
navigational records and marine casualty investigations.
 Marine Environment Protection Committee (MEPC) which consists
of all Member States, is empowered to consider any matter within the
scope of the Organization concerned with prevention and control of
pollution from ships. In particular it is concerned with the adoption and
amendment of conventions and other regulations and measures to
ensure their enforcement.

75
 Committees
 The Legal Committee is empowered to deal with any legal
matters within the scope of the Organization. The Committee
consists of all Member States of IMO. It was established in
1967 as a subsidiary body to deal with legal questions which
arose in the aftermath of the Torrey Canyon disaster
 The Technical Cooperation Committee is required to
consider any matter within the scope of the Organization
concerned with the implementation of technical cooperation
projects for which the Organization acts as the executing or
cooperating agency and any other matters related to the
Organization’s activities in the technical cooperation field.
 The Facilitation Committee was established as a subsidiary
body of the Council in May 1972, and became fully
institutionalized in December 2008 as a result of an
amendment to the IMO Convention.

76
 IMO instruments
 Conventions;
 Protocols;

 Amendments;

 Recommendations, Codes and Guidelines;

and
 Resolutions.

Amendments, guidelines and other measures are

promulgated by the main committees

ML&C1 77
 IMO instruments
 The “parent” instrument of IMO is the IMO Convention,
which entered into force on 17 March 1958 and currently
has 175 Member States, with 98.52% of world tonnage.
(and three Associate Members)
 The majority of other conventions and other instruments
adopted under the auspices of IMO fall into three main
categories:
 maritime safety instruments

 marine pollution instruments and

 liability and compensation instruments, especially

in relation to damage caused by pollution

ML&C1 78
 IMO instruments

Conventions;
 are multilateral treaty documents.
 are the chief instruments of IMO, being binding legal
instruments regulating some aspect of maritime affairs
of major concern to IMO, e.g. safety of life at sea or
marine pollution.
 are identified by a name and the year of adoption by
the Assembly, e.g. the “International Convention on the
Safety of Life at Sea, 1974”.
 may have detailed technical provisions attached in
annexes, e.g. the six annexes to the MARPOL
Convention, each dealing with a different aspect of
marine pollution.
 are commonly referred to by a single-word code-name,
e.g. “COLREG1972”
ML&C1 79
 IMO instruments

Protocols;
 are important treaty instruments made when major
amendments are required to be made to a convention
which, although already adopted, has not yet entered
into force.
 E.g. The SOLAS Convention, 1974 has been amended
twice by means of protocols: by the 1978 SOLAS
Protocol (which entered into force on 1 May 1981)
and by the 1988 SOLAS Protocol (which entered into
force on 3 February 2000 and replaced and abrogated
the 1978 Protocol as between Parties to the 1988
Protocol). The combined instruments, formerly known as
SOLAS 74/78, are now collectively called SOLAS 74/88.

ML&C1 80
 Amendment
 Technology and techniques in the shipping industry change very
rapidly these days. As a result, not only are new conventions required
but existing ones need to be kept up to date. For example, the
International Convention for the Safety of Life at Sea (SOLAS), 1960
was amended six times after it entered into force in 1965 - in 1966,
1967, 1968, 1969, 1971 and 1973. In 1974 a completely new convention
was adopted incorporating all these amendments (and other minor
changes) and has itself been modified on numerous occasions.
 In early conventions, amendments came into force only after a
percentage of Contracting States, usually two thirds, had accepted
them. This normally meant that more acceptances were required to
amend a convention than were originally required to bring it into force
in the first place, especially where the number of States which are
Parties to a convention is very large.
 This percentage requirement in practice led to long delays in bringing
amendments into force. To remedy the situation a new amendment
procedure was devised in IMO. This procedure has been used in the
case of conventions such as the Convention on the International
Regulations for Preventing Collisions at Sea, 1972, the International
Convention for the Prevention of Pollution from Ships, 1973 and
SOLAS 1974, all of which incorporate a procedure involving the "tacit
acceptance“ of amendments by States.

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 Amendment
 Instead of requiring that an amendment shall enter into force after
being accepted by, for example, two thirds of the Parties, the “tacit
acceptance” procedure provides that an amendment shall enter
into force at a particular time unless before that date, objections to
the amendment are received from a specified number of Parties.
 In the case of the 1974 SOLAS Convention, an amendment to most
of the Annexes (which constitute the technical parts of the
Convention) is `deemed to have been accepted at the end of two
years from the date on which it is communicated to Contracting
Governments...' unless the amendment is objected to by more than
one third of Contracting Governments, or Contracting
Governments owning not less than 50 per cent of the world's gross
merchant tonnage.
 This period may be varied by the Maritime Safety Committee with a
minimum limit of one year. As was expected the "tacit acceptance"
procedure has greatly speeded up the amendment process. The
1981 amendments to SOLAS 1974, for example, entered into force
on 1 September 1984. Compared to this, none of the amendments
adopted to the 1960 SOLAS Convention between 1966 and 1973
received sufficient acceptances to satisfy the requirements for
entry into force.
ML&C1 82
 IMO instruments

Recommendations, Codes and Guidelines

 Recommendations are not formal treaty documents
like Conventions and Protocols and are not subject
to ratification. They provide more specific guidelines
than treaty documents. Although Recommendations
are not legally binding on governments, they provide
guidance in framing national regulations and
requirements.

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 IMO instruments

Recommendations, Codes and Guidelines

 Codes are named, e.g. the International Code of
Signals (1969) or the ISM Code. Many Codes, such
as the Timber Deck Cargoes Code, are non-
mandatory but may be used by Governments as the
basis for national regulations. Other codes, such as
the ISM Code, the IBC Code and the IGC Code, are
mandatory under a regulation of a “parent”
Convention.

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 IMO instruments

 Resolutions; are the final documents resulting from

the agreement by the IMO Assembly or a main
committee (e.g. MSC or MEPC) of some matter such
as an Amendment or Recommendation. May be:
 Resolutions of the Assembly, e.g. Resolution
A.586(XIV), where “A” refers to the Assembly, “586” is
the serial number of the resolution, and “XIV”
indicates that it was made by the 14th Session of the
Assembly; or
 Resolutions of a main IMO committee, e.g.
MEPC.54(32), where “MEPC” stands for “Marine
Environment Protection Committee”, “54” is the serial
number of the resolution, and “32” indicates that it
was made by the 32nd session of the Committee.

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ML&C1 86
 IMO shipping conventions: a summary
LOS – Law of the Sea Convention (1982)
PAL – The convention relating to the
carriage of Passengers and their Luggage
by Sea (1974)
SUA – Convention for the Suppression of
Unlawful Acts against the safety of
maritime navigation (1988)
FAL – The Convention Trade
on the Facilitation of
Maritime Traffic (1965)
TONNAGE – The
Convention on the
Tonnage Measurement
of Ships (1969)
SAR – Convention on Maritime Search
and Rescue (1979)
LL – The Loadline Convention (1966)
CSC – The Convention for Safe
Containers (1972)
INTERVENTION – convention relating to intervention on
the high seas in cases of Oil Pollution Casualties (1969)
Legal CLC – Convention in Civil Liability for Oil Pollution Damage (1969)
IOPC - Convention on the establishment of an International
Compensation Fund for Oil Pollution Damage (1971, 1992)
LLMS – Convention on the Limitation of Liability for
Maritime Claims (1976)
Environmental
IMO Protection
MARPOL – The Convention on the
Prevention of Pollution from Ships
(1973/78)
SALVAGE – The International
Salvage Convention (1989)
OPRC – The Convention on Pollution
Preparedness, Response and
Cooperation (1990)
Safety
SOLAS – The Convention for the Safety of Life at Sea (1974)
STCW – The Convention on Standards of Training,
Certification and Watchkeeping (1978)
COLREG – The Convention on the Prevention of Collision at Sea
(1972)
INMARSAT – The Convention on the International Maritime
Satellite Organisation (1976)
 IMO instruments

 Conventions;(“parent” instrument of IMO is the IMO

Convention)
 Protocols;
 Amendments;
 Recommendations, Codes and Guidelines;
and
 Resolutions.
 Amendments, guidelines and other measures
are promulgated by the main committees

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 Chapter V

IMO
Maritime Safety Instruments

89
 IMO Maritime Safety Instruments
 International Convention for the Safety of Life at Sea, (SOLAS)

 International Convention on Load Lines, (LL)

 Convention on the International Regulations for Preventing

Collisions at Sea, (COLREG)

 International Convention on standards of Training, Certification

and Watchkeeping for Seafarers, (STCW)

 International Convention on Maritime Search and Rescue (SAR)

 International Safety Management Code (ISM)

 International Ship and Port Facility Security Code (ISPS)

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 International Convention for
the Safety of Life at Sea,
SOLAS 1974
 Chief maritime safety convention. Replaced SOLAS
1960 and introduced “tacit acceptance” amendment
procedure to speed up introduction of amendments.
Technical provisions in 12 chapters . Amended
numerous times.
 In force 25 May 1980. 146 Contracting States (98.49%
world tonnage).
 1978 Protocol in force 1 May 1981. 100 Contracting
States (94.64% world tonnage).
 1988 Protocol in force 3 Feb 2000. 62 Contracting
States (63.27% world tonnage).

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 SOLAS
I General provisions
II-1 Construction –Structure, subdivision and
stability, machinery and electrical installations
II-2 Construction – Fire protection, fire detection and
fire extinction
FSS Code FTP Code
III Life-saving appliances and arrangements
(LSA Code)

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 SOLAS
IV Radio communications
V Safety of navigation
(International Code of Signals)
VI Carriage of cargoes
BC Code; CSS Code; International Grain
Code; Timber Deck Cargoes Code
VII Carriage of dangerous goods (IMDG Code)
IBC Code; IGC Code;
INF Code

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 SOLAS
VIII Nuclear ships Code of Safety for Nuclear Ships
IX Management for the safe operation of ships
(ISM Code)
X Safety measures for high-speed craft
(HSC Code)
XI-1 Special measures to enhance maritime safety
Contains regulations on
(1) Authorisation of recognised organisations;
(2) Enhanced surveys;
(3) Ship identification number;
(4) Port State control on operational requirements

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 SOLAS
XI-2 Special measures to enhance maritime
security (ISPS Code)
XII Additional safety measures for bulk
carriers BLU Code

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 International Convention on
Load Lines, 1966
LL 1966
 Limits, by means of minimum freeboards, draughts to
which ships may be loaded, taking into account hazards
in different zones and seasons. Prescribes minimum
standards for external weathertight and watertight
integrity. Currently under revision.
 Given effect in UK by MS (Load Line) Regulations
1998 (SI 1998/2241), as amended.
 In force 21 Jul 1968. 151 Contracting States (98.46% world
tonnage).
 1988 Protocol in force 3 Feb 2000. 64 Contracting States
(63.26% world tonnage).

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TF – Tropical Fresh Water
F – Fresh Water
T – Tropical Seawater
S – Summer Temperate
Seawater
W – Winter Temperate
Seawater
WNA – Winter North Atlantic

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 Convention on the International Regulations for
Preventing Collisions at Sea,1972
COLREG 1972
 Replaced 1960 Convention and Rules. Technical
provisions in 38 Rules and 4 Annexes “Colregs”
which apply to all ships on the high seas, etc.
Amended 1981, 1987, 1989, 1993.
 Gives recognition to traffic separation schemes.
 Given effect in UK by MS (Safety of
Navigation) Regulations 2002 (SI 2002/1473).
 In force 15 Jul 1977. 142 Contracting States (97.30%
world tonnage).

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 International Convention on
Maritime Search and Rescue, 1979
SAR 1979
 Aims at developing an international SAR plan, so that
no matter where an accident occurs, rescue of persons
in distress at sea will be co-ordinated by a SAR
organisation and, when necessary, by co-operation
between neighbouring SAR organisations. Parties must
ensure arrangements are made for provision of
adequate SAR services in their coastal waters and are
encouraged to enter into SAR agreements with
neighbouring States.
 In force 22 Jun 1985. 75 Contracting States (51.83% world
tonnage).

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 International Convention on standards of
Training, Certification and Watchkeeping for
Seafarers, 1978 STCW 1978
 Provides minimum international requirements for training,
certification and watchkeeping, replacing nationally-set
standards. Applies to ships of non-party States when visiting
ports of Party States.
 Given effect in UK by MS (Training and Certification)
Regulations 1997 (SI 1997/348) and MS (Safe Manning, Hours
of Work and Watchkeeping) Regulations 1997 (SI 1997/1320).
 In force 28 Apr 1984. 144 Contracting States (98.47% world tonnage).
 STCW 1978 was revised at a conference in London in July 1995;
the revised convention is generally known as STCW 95.1995
amendments (STCW 95, including STCW Code) in force 1 Feb 2002.

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 Convention on Standards of Training,
Certification and Watchkeeping (STCW)

 1978 Convention
 prescribes minimum standards related to training,
certification and watchkeeping for seafarers on an
international level.
 Important feature: applies to ships of non-party states when
visiting ports of states which are party.
 1995 Convention
 Places more emphasis on competency than knowledge
 Stipulates in detail the required competency levels for
tasks
 Hands-on training (simulators, lab training equipment,
etc)
 Verification of implementation process done by IMO –
issuance of “white list”
 List of Basic Conventions and Codes
 International Convention Regulations for Preventing Collisions at Sea COLREG

 International Convention on Load Lines, LL

 International Convention on Maritime Search and Rescue, SAR

 Convention on Standards of Training, Certification and Watchkeeping (STCW)

 Convention on the International Maritime Satellite Organization, INMARSAT

 International Convention for the Prevention of Pollution from Ships MARPOL

 International Safety Management Code (ISM)

 International Ship and Port Facility Security Code (ISPS)

 International Safety Management Code
(ISM)
 Purpose of the Code
 provides an international standard; safeguards the shipmaster;
provides appropriate organization of management; and commitment
from the top.
 Requires a shipowner to implement a shore-based and shipboard
Safe Management System (SMS).
 Functional requirements of SMS
 Safety and environment policy
 Instructions and procedures to ensure safe operation of ships and
protection of the environment
 Defined levels of authority and lines of communication between
shore-based and shipboard personnel
 Procedures for reporting accidents
 Procedures for responding to emergency situations
 Procedures for internal audits and management reviews
 International Ship and Port Facility
Security Code (ISPS)

 It is based on the review of measures and procedures to

prevent acts of terrorism which threaten the security of
passengers and crew of ships
 Same applies to ports accommodating such; ships risk/threat
assessment exercise
 Applicable to ships upwards engaged in international voyages
and port facilities servicing to ships
 Not applicable to fishing vessels, warships, naval auxiliaries and
vessels used by government or non-commercial service.
 However, as for the security issues against piracy and terrorist
activities, naval ships shall participate common operations with
the Merchant ships
 International Convention for Safe Containers,
1972 CSC 1972
 Convention on the International Maritime
Satellite Organization, 1976 INMARSAT C
1976
 International Convention on Standards of
Training, Certification and Watchkeeping for
Fishing Vessel Personnel, 1995 STCW-F 1995

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 Chapter V

IMO
Marine Pollution Instruments

106
IMO Marine Pollution
Instruments

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 International Convention Relating to Intervention
on the High Seas in cases of Oil Pollution
Casualties,1969
INTERVENTION 1969
INTERVENTION Protocol 1973
 Affirms the right of a coastal State to take such measures on the
high seas as may be necessary to prevent, mitigate or eliminate
danger to its coastline or related interests from pollution by oil or
the threat thereof, following a maritime casualty. 1973 Protocol
extends Convention to cover substances other than oil.
 In force 6 May 1975. 78 Contracting States (71.10% world tonnage).
 1973 Protocol in force 30 Mar 1983. 44 Contracting States (44.51%
world tonnage).

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Convention on the Prevention of Marine Pollution
by Dumping of Wastes and Other Matter, 1972
LC 1972
LC Protocol 1996

 Known as “London Convention”. Prohibits

dumping of certain hazardous materials.
Requires a prior special permit for dumping of a
number of other identified materials and a prior
general permit for other wastes or matter.

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 International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto
MARPOL 73/78

 Known as “London Convention”. Prohibits

dumping of certain hazardous materials.
Requires a prior special permit for dumping of a
number of other identified materials and a prior
general permit for other wastes or matter.

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 MARITIME
POLLUTION PREVENTION
(MARPOLCONVENTION)

111
 MARPOLMARPOL
Main International Convention Covering Prevention of Pollution of the Marine
Environment By Ships From Operational or Accidental Causes

* Annex I: Prevention of Pollution by Oil

Shipboard Oil Pollution Emergency Plan, Ships must carry oil record book.
 Annex II: Pollution by Noxious Liquid Substances (Other than OIL)
 Annex III: Pollution by Harmful Substances Carried by Sea in
Packaged Form (identified in the IMDG Code)
 Annex IV: Prevention of Pollution by Sewage from Ships
Ships must have sewage treatment plants onboard
 Annex V: Prevention of Pollution by Garbage from ships
Garbage record book
 Annex VI: Prevention of Air Pollution From Ships
sets limits on Sulphur dioxide (SOx) and nitrogen oxide (NOx)

112
 MARPOL
-Annex I Regulations for the Prevention of Pollution
by Oil
Shipboard Requirements
Bilge pumping, (For vessels other than tankers);
 Proceeding on voyage

 Ship outside a special area.

 Oil content not to exceed 15ppm.

 Oil discharge filtering and monitoring system fitted.

113
 MARPOL
 Special Areas to avoid the effects of harmful substances.

 The North Sea and its approaches;

 The Baltic Sea Area;
 The Mediterranean Sea Area;
 The Black Sea Area;
 The Red Sea Area;
 The Gulf of Aden Area;
 The Oman Sea area of the Arabian Seas.
 The “Gulfs” Area;
 The Wider Caribbean Region;
 The Antarctic Area;

ML&C1 114
 MARPOL

 Annex V (Garbage from Ships)

 It contains regulations for the prevention of pollution by garbage
which apply to all ships.
 They prohibit the disposal into the sea of all plastics,
 The disposal into the sea of the following garbage shall be made as
far as practicable from the nearest land, but in any case is prohibited
if the distance from the nearest land is less than:

 25 nautical miles for dunnage, lining and packing materials which will
float;
 12 nautical miles for food wastes and all other garbage including paper
products, rags, glass, metal, bottles, crockery and similar refuse.
 If passed through a grinder, garbage in this category may be disposed
into the sea not less than 3 nautical miles from the nearest land.

ML&C1 115
 MARPOL
Annex V (Garbage Special Areas):
 Mediterranean Sea

 Baltic Sea

 Black Sea

 Red Sea

 Antarctic

 North Sea

 Wider Caribbean Area

116
 MARPOL
 Annex I (Oil)
 This Annex entered into force on 2nd October 1983. It
contains regulations for the prevention of pollution by oil.
 Discharging of Oil. The regulations govern the
discharges, except for clean or segregated ballast, from
all ships. They require inter alia all ships to be fitted with
pollution prevention equipment to comply with the
stringent discharge regulations.

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 MARPOL

 Annex II (Noxious Liquid Substances in Bulk)

 It contains regulations for the control of pollution by
noxious liquid substances carried in bulk. This is the first
attempt to control, on an international basis, the
discharge of tank washings and other residues of liquid
substances (other than oil) which are carried in bulk.
These substances are mainly petro-chemicals, but
include other chemicals, vegetable oils, coal-derived oils,
and other substances categorised as noxious liquid
substances in accordance with defined guidelines.
 This Annex also contains requirements for standards of
construction of chemical tankers and other ships carrying
these substances, in order to minimise accidental
discharge into the sea of such substances.

ML&C1 118
 MARPOL

 Annex III (Harmful Substances carried at Sea

in Packaged Form)
 It contains regulations which include
requirements on packaging, marking, labelling,
documentation, stowage and quantity limitations.
It aims to prevent or minimise pollution of the
marine environment by harmful substances in
packaged forms or in freight containers, portable
tanks or road and rail tank wagons, or other
forms of containment specified in the schedule
for harmful substances in the International
Maritime Dangerous Goods (IMDG) Code.

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 MARPOL

 Annex IV (Sewage from Ships)

 It applies to vessels engaged in international voyages,
and sets out in detail how sewage should be treated or
held aboard ship, and the circumstances in which
discharge into the sea may be allowed. This Annex
applies to all new ships (built after the date of entry into
force of the Annex) of 400 gt and over, and to new ships
of less than 400 gt which are certified to carry more than
15 persons.
 Five years after its entry into force i.e. from 27
September 2008, the Annex will also apply to existing
ships of 400 gt and over, and to existing ships of less
than 400 gt which are certified to carry more than 15
persons.

ML&C1 120
 MARPOL

 Annex V (Garbage from Ships)

 It contains regulations for the prevention of pollution by garbage
which apply to all ships. They prohibit the disposal into the sea of all
plastics, including but not limited to synthetic ropes, synthetic fishing
nets and plastic garbage bags. They restrict the disposal into the
sea of garbage, which includes all kinds of victuals, and domestic
and operational waste generated during the normal operation of the
ship.
 The disposal into the sea of the following garbage shall be made as
far as practicable from the nearest land, but in any case is prohibited
if the distance from the nearest land is less than:
 25 nautical miles for dunnage, lining and packing materials which will
float;
 12 nautical miles for food wastes and all othergarbage including paper
products, rags, glass, metal, bottles, crockery and similar refuse.
 If passed through a cominuter or grinder, garbage in this category may
be disposed into the sea not less than 3 nautical miles from the nearest
land.

ML&C1 121
 MARPOL

 Annex VI (Air Pollution)

 This Annex enters into force on 19 May 2005. It
sets limits on sulphur dioxide (SOx) and nitrogen
oxide (NOx) emissions from ships exhausts.
 It contains provisions allowing for special “SOx
Emission Control Areas” to be established. In
these areas, the sulphur content of the fuel oil
used on board must not exceed 1⋅5% m/m.
Alternatively, ships must fit an exhaust gas
cleaning system or use any other technological
method to limit SOx emissions.
ML&C1 122
 INTERNATIONAL HEALTH REGULATIONS
 A certificate of vaccination against yellow
fever is the only certificate that should now be
required, if any, for international travel. Most
European countries have no vaccination
requirements for international travellers, while
most Asian and African countries require a yellow
fever vaccination.
 Provisions of the IHRs also cover seafarers’
vaccinations.
 Article 54 of the IHRs requires every ship to be
either permanently kept in such a condition that
it is free of rodents and the plague vector; or
periodically deratted.

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 INTERNATIONAL TELECOMMUNICATION
REGULATIONS
 The International Telecommunications Union
(ITU) is a specialised agency of the UN. It promotes
international co-operation and sets standards and
regulations for telecommunications operations of all
kinds.
 It allocates the radio frequency spectrum, registers
radio frequency assignments so as to avoid harmful
interference between radio stations in different
countries, makes international agreements on
radiocommunication matters (including marine radio
communications) and publishes books and
documents used by ships’ radio operators.

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INTERNATIONAL TELECOMMUNICATION
REGULATIONS

 ITU Manual for use by the Maritime Mobile

and Maritime Mobile-Satellite Services 1992;
 ITU List of Coast Stations;

 ITU List of Ship Stations;

 ITU List of Radio determination and Special

Services; and
 ITU List of Call signs and Numerical Table of
Identities of Stations used by the Maritime
Mobile and Maritime Mobile-Satellite Services.

ML&C1 125
INTERNATIONAL MARITIME LAW

ML&C1 126
Much useful IMO literature can viewed
online at www.imo.org/index.htm

ML&C1 127