MARITIME LAW 1

IMO
The United Nations Convention on the Law of the seas (UNCLOS) was
adopted in 1982, and entered into force in 1994. UNCLOS provides a
comprehensive legal framework governing all activities and uses of the
world’s oceans and resources. The Convention establishes general
obligations for safeguarding the marine environment and protecting
freedom of Scientific research on the high seas.
It defines the limits of territorial seas of Countries from which they can
explore and exploit marine resources. These are called Exclusive
Economic Zones (EEZ) and they are known as an innovation introduced
by UNCLOS.
The EEZ is an area beyond and adjacent to territorial sea; it can extend
to a maximum 200 nautical miles from the baselines.
Within the EEZ, a Coastal State enjoys sovereign rights over its natural
resources. It can also exercises its jurisdiction over certain activities for
the purpose, among others, of protecting the environment, but it is
also obliged to respect the rights of the other States.
The Legal Status of UNCLOS’82
The Convention establishes a comprehensive framework for the
regulation of all ocean space. It contains provisions governing the limits
of national jurisdiction over ocean space, access to seas, navigation,
protection and preservation of the marine environment, exploitation of
living resources and conservation.
Definitions
• Baselines: These are lines from which all maritime zones are
measured. They usually coincide with the low-water line along the
coast as marked on large-scale charts.
• Territorial Seas: The territorial sea is an area not exceeding 12
nautical miles from a baseline. The litoral (coastal) state exercise its
sovereignty over the territorial sea, the airspace over it and its seabed
and subsoil.
• Internal Waters: Waters on the landward side of the baselines of the
territorial sea form part of the internal waters of the state. These
include all rivers, ports, lakes and all waters within the baselines.
In internal waters, the Coastal State exercises, without limitations, all
the rights of sovereignty it exercises on the land. (Article 8).

• International Straits: UNCLOS ‘82 does not define strait

geographically.
A Strait is a channel of water connecting 2 large areas of water e.g used
for International navigation between one part of the high seas or an
EEZ and another part of the high seas or Exclusive Economic Zone
(Article 37).
• Roadsteads: Roadsteads are normally used for the loading, unloading and anchoring
of ships, and which would otherwise be situated wholly or partly outside the outer
limit of the territorial sea, are included in territorial sea.

• Article 3: gives the right to every State to establish the breadth of its territorial sea up
to the limit of 12 nautical miles, measured from the baseline. This sovereignty is
however not absolute. It is limited sovereignty.
Ships of all nationalities have the right of innocent passage through the territorial seas
(Article 17).

• Article 24, Par.2: The Coastal States also have the duty to give warnings of navigational
hazards within its territorial sea.
Rights of Protection of the Coastal State
(Article 25)
The Coastal State may take necessary steps in its territorial sea to
prevent passage which is not innocent etc.

The Coastal State may, without discrimination in the form or in fact

among foreign ships, suspend temporarily in specified areas of its
territorial sea the innocent passage of foreign ships if such suspension
is essential for the protection of its security, including weapon
exercises.
Such suspension shall take effect only after having been duly published.
Criminal Jurisdiction Onboard a Foreign A Ship
Passing Through the Territorial Sea (Article 27)

The criminal jurisdiction of the Coastal State should not be exercised

onboard a foreign ship passing through the territorial sea to arrest any
person or to conduct any investigation with any crime committed
onboard the ship during its passage, except in accordance with the
provisions of this Convention.
Contiguous Zone (Article 33)
In a zone contiguous to its territorial sea, described as the contiguous
zone, the Coastal State may exercise control necessary to:-

• Prevent infringement of its Customs, fiscal, immigration or sanitary

laws and regulations within its territory or territorial sea.
• 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.
EXCLUSIVE ECONOMIC ZONE (EEZ)

The EEZ is an area of high seas, not wider than 200 nautical miles from
the baseline, in which the Coastal State may enjoy sovereign rights to
explore, exploit, conserve and manage the natural resources (living and
non-living) of the water, the seabed and its subsoil and to undertake
any other economic activity in the area, as well as jurisdiction over any
exploratory and research activities and over any the protection of the
environment (Article 55).
Rights, Jurisdiction and Duties of the
Coastal State in the Exclusive Economic
Zone
The Coastal State has the duty to evaluate scientifically the available
stock of living resources to determine how much of it should be
exploited (Article 61).

The Coastal State also has the duty to determine their level of
technology to exploit what is available, the balance of which should be
shared with adjacent states (Article 62).
THE HIGH SEAS

The high seas include all parts of the sea that are not included in the
Exclusive Economic Zone, in the territorial sea or in the internal waters
of a State, or in the archipelagic waters (Article 86).
FREEDOM OF THE HIGH SEAS (Article
87)
1. The high seas are opened to all States, whether Coastal or
landlocked.
2. The high seas shall be reserved for peaceful purposes
3. Also, every State, whether Coastal or landlocked has the right to sail
ships flying its flag on the high seas (Article 90 – the right of
navigation).
 LOAD LINES
The purpose of the load line is to ensure the vessel has adequate
freeboard to face the expected seas.
Annex 1 determines the several factors that are taken into
consideration when deciding what is an adequate freeboard such as:-
• The structural strength, length and stability of the vessel
• The location in the world’s oceans
• The time of the year
• The type of vessel (tanker, cargo ship, etc).
Annex 2 specifies the zones areas and seasonal periods that apply to
various locations in the world’s oceans.
It is expected that any location in a Tropical zone will only have winds
above force 8 for 1% of the time. In the Summer zone that would be
higher at 10% of the time. Therefore, we have :- Tropical zone; Seasonal
zone; Summer zone; Seasonal winter zone, Winter zone.
Samuel Plimsoll became a member of Parliament in 1868 and
campaigned for government legislation to protect seamen. He
persuaded Parliament to amend the 1871 Merchant Shipping Act this
provided a mark on the ship’s side, which would be submerged should
the vessel be overloaded.

These rules apply to all ships except government vessels, ship’s solely
engaged in fishing and pleasure yachts. All other vessels unless
exempted, are to be surveyed, marked with load lines and issued with
the appropriate certificate.
The International Load Line Convention of 1966 applies to ships of 24
meters or more in length. Such ships are therefore known as
‘convention’ ships and require an International Load Line Certificate.

Ships of 24 meters or more in length which never make an International

voyage do not need International certificate.
Period of Validity
• A Load Line Certificate is valid for a maximum period of 5 years or
such lesser period as the Assigning Authority may determine, subject
to periodical inspections carried out annually within 3 months of the
anniversary date of the survey. A record of each inspection is made on
the back of the load line certificate.
• A Load Line Certificate may be extended but only to allow for the
physical difficulty in delivering a new certificate to the ship after a full
renewal survey has been successfully undertaken. In this case the ‘old’
certificate will be extended up to 5 months until the new certificate is
received.
Assigning Authorities

Certain Classification Societies are authorized to carry out the surveys,

assign freeboards and to issue Load line certificate; they are Lloyds
Register of Shipping and the British Committees of the following foreign
classification societies: Bureau Veritas, Des Norske, Germanischer Lloyd
and the American Bureau of Shipping.
Cancellation of Load Line Certificate
A load line certificate can be cancelled on the following grounds:
• If the ship does not comply with the condition of assignment
• If the load line certificate has not been endorsed to show that the ship
has been inspected as required.

The condition of assignment for each particular ship are set down in a
booklet, either FRE 5 or FRE 7, called ‘The Record of Particulars Relating
to Conditions of Assignment’ which must be kept onboard at all times
and made available, on demand. It is an offence to sail without this
booklet.
Overloading

If the master takes a ship to sea when overloaded, or if any person

sends, or is party to sending a ship to sea when overloaded, then they
are guilty of an offence and liable to fines. However, it is a defense to
prove that the contravention was due to deviation that could not have
been prevented.
Other Offences under the Load lines Act
If a ship proceeds to sea in contravention of the Act the Owner and
master are guilty of the offence AND the ship may be detained.

A ship is not to proceed to sea if:

1. It has not been surveyed
2. It does not comply with the conditions of assignment
3. It is not marked with a deck line or load line
4. If stability, loading and ballasting information is not available for the
guidance of the master.
The master must produce a copy of the certificate to Customs at the
time of obtaining clearance to sail.

If a vessel does proceed to sea without a load line certificate then it

may subsequently be detained or fined.

A vessel must be kept marked in accordance with the Act, concealing,

removing or defacing the marks all constitute offences which are liable
to fines.
Before leaving any dock, harbor, wharf or any other place for the
purpose of proceeding to sea, the notice FRE 13 must be posted up in a
conspicuous place and kept so posted up till arrival elsewhere. The
Official Logbook also requires entries relating to draught, freeboard,
etc.
INTERNATIONAL CONVENTION ON STANDARDS OF
TRAINING. CERTIFICATION AND WATCHKEEPING FOR
SEAFARERS, 1978, AS AMENDED
The Convention is the first to establish basic requirement on training.
Certification and watchkeeping for seafarers on an international level.

The technical provisions of the Convention are contained in an Annex

divided into 8 Chapters organized into Regulations.
One of the major features of the revision is adoption of a new STCW
Code, to which many technical regulations gave been transferred.

Part A of the Code is mandatory while Part B is recommended.

THE STRUCTURE OF STCW’ 2010
The Annex is divided into 8 Chapters containing Regulations.
The titles of these chapters are as follows;

Chapter 1: This outlines mainly definitions, clarifications, standards and

issues of certificates.

Chapter 2: Master and Deck Department

This chapter outlines the mandatory requirements for certification of
officers in charge of a navigational watch and ratings on different ship sizes.
Chapter 3: Engine Department
This chapter sets the mandatory minimum requirements for
certification of officers in charge of an engineering watch and for
certification of ratings forming part of a watch.

Chapter 4: Radio Communication and Radio Personnel

This chapter sets the mandatory minimum requirements for certication
of GMDSSS radio personnel.
Chapter 5: Special training requirements for certain personnel in certain types
of ships.
Mandatory minimum requirements for the training and qualification of
masters, officers and ratings on tankers, ro-ro passenger ships, and other ships.
Chapter 6: Emergency, Occupational Safety, Medical Care and Survival.
Chapter 7: Issue of Alternative Certificates

Chapter 8: Watch keeping

This chapter requires Administration to take steps to prevent fatigue and set
principles to be observed in watch keeping arrangement.
STCW CODE
The regulations contained in the convention are supported by sections
in the code.
STCW code is given in form of chapters which gives the regulations in
detail in sections A and B.

Chapter II Master and Deck Dept.

Regulation II/I (OOW Certification)
Mandatory requirement for officers in charge of a navigational watch
on ships of 500 gross tonnage or more.
 Section A – II/1 of STCW Code
1. Every officer in charge of a navigational watch serving on a seagoing vessel of
500 gross tonnage or more shall old an appropriate certificate i.e be certified.
2. Every candidate for certification shall;
• be not less than 18 years of age
• Have 12 months sea term if educated, 36 months sea term if uneducated
• Have performed during required seagoing service, bridge watchkeeping duties
under the supervision of the master or a qualified officer for a period of not less
than 6 months
• Have completed approved education and training and meets the standards of
competence as specified in Section A-II/1 of the STCW Code.
Regulation II/2
Mandatory minimum requirements for certification of Masters and Chief
mates on ships of 500 gross tonnage or more.
Master and Chief mate on ships of 3000 gross tonnage or more.
1. Every master and chief mate on a seagoing ship of 3000 gross tonnage
or more shall hold an appropriate certificate.
2. Every candidate for certification shall:
• Meet the requirements for certification as an officer in charge of a
navigational watch on ships of 500 gross tonnage or more
• For certification as chief mate, not less than 12 months – Have completed
approved education and training and meet the standard of competence.
Regulation II/4
Mandatory minimum requirements for certification of ratings forming
part of a navigational watch.
1. Every candidate for certification shall;
i. Not be less than 16 years of age
ii. Have completed an approved seagoing service including not less than
6 months training and experience; OR
iii. Special training, either pre-sea or onboard ship, including an
approved period of seagoing service which shall not be less than 2
months. (iv.) Meet the standard of competence specified in section
A- II/4 of STCW Code.
 REGULATION II/5
Mandatory minimum requirements for certification of ratings as able seafarer deck.
1. Every candidate for certification shall:
i. Be not less than 18 years
ii. Meet the requirements for certification as a rating forming part of a navigational
watch
iii. While qualified to serve as a rating forming part of a navigational watch, have
approved seagoing service in the deck department of either not less than 18
months or not less than 12 months and have completed approved training: and
iv. Meet the standard of competence specified in section A-II/5 of the STCW Code.
MARITIME LABOUR CONVENTIONS
AND CODES
Convention concerning Minimum Standards in Merchant Ships, 1976
(No.147).
 the convention applies to every seagoing ship engaged in the transport
of cargo or passengers
States that national laws or regulations should determine when ships
are to be regarded as seagoing ships
National laws and regulations should be laid down regarding shipboard
conditions of employment and shipboard living arrangements
States ships should not be unreasonably detained or delayed.
Conventions concerning Seaman’s Articles of
Agreement, 1926 (No.22)
The Convention applies to all seagoing vessels registered in the country
of any member and to the owners, masters and seamen of such vessels.
The seaman should sign the agreement under conditions prescribed by
national law, and adequate supervision by the competent authority
The agreement should contain nothing contrary to national laws or the
provisions of the present convention
Every seaman should be given a statement containing a record of
employment onboard the vessel
Agreement should state clearly the respective rights and obligations of
each of the parties
Contd.
The procedure for the termination of an agreement for an indefinite
period by either party
Circumstances in which an agreement is duly terminated
Circumstances in which the owner or master may immediately
discharge a seaman are determined by national law
Circumstances in which the seaman may demand his immediate
discharge are determined by national law
Convention Fixing the Minimum Age for the Admission of
Children to Employment at Sea (Revised 1936) (No 58)

States that each Member which ratifies this convention must specify a
minimum age for admission to employment which in any case should
not be less than 15 years.
Convention concerning certification of
Ship’s Cooks, 1946 (No.69)
Scope of application
Define the term ‘ship cook’
No person may be engaged as ship’s cook onboard any vessel unless
he holds a certificate of qualification as a ship’s cook granted in
accordance with the provision of the present convention.