NOTES FOR THE SECOND MATE

TOPIC:

MARITIME LAW
What is a Resolution?

Resolution is a policy decision by vote. This is applicable ONLY within

international organisations (UN or its specialised agencies like the IMO etc.)
because the organisation consists of member COUNTRIES and when we are
dealing with countries; their SOVEREIGNTY is supreme – meaning no decision
can be forced on any country. Resolutions need NOT be legally binding in the
member countries.

What is a Convention?

In order to understand the meaning of Convention, we need to first

understand the meaning of ‘treaty’. ‘Treaty’ is a formal agreement between
two states signed by official representatives of each state. But, for any such
agreement to be called a treaty, the following four conditions have to be
met:

First of all, it has to be a binding agreement, which means that the

contracting parties intended to create legal rights and duties.

Secondly, the agreement must be concluded by states or international
organizations with treaty-making powers.

Thirdly, it has to be governed by international law – that is, the general
good of mankind.

Finally, the agreement has to be in writing.

The term "Convention" is also basically a treaty (meeting the above four
requirements) but, it has participation at the global level where every
member country can participate. Conventions are therefore agreements
negotiated under the auspices of an international organization (UN, IMO,
UNESCO, UNICEF etc) (e.g. United Nations Convention on the Law of the Sea
of 1982). The same holds true for instruments adopted by an organ of an
international organization, such as the IMO, (e.g. the SOLAS Convention,
MARPOL 73/78 Convention, STCW Convention – they are all treaties but are
called Convention because in order to make it a law, the countries from all
around the world participated).
What is a Code?

A Code is basically a guideline or a recommendation and therefore NOT

mandatory to be applied (Code of Safe Working Practices, Code of Safe
Containers etc.). For a Code to be mandatory, it has to be made part of a
Convention (ISM Code – part of SOLAS as Chapter IX, ISPS Code – part of
SOLAS as Chapter XI-2 etc.). The IMDG Code, when it was introduced was
only a recommendation but was made MANDATORY by an amendment to
SOLAS in July 2007.

What is a Protocol?

The term ‘Protocol’ has five functions in international law:

(a) Protocol of Signature.

(b) Optional Protocol.

(c) Protocol based on a Framework Treaty.

(d) The protocol as a supplementary treaty.

(e) Protocol to amend.

As far as we are concerned, IMO has only used the ‘Protocol to Amend’
function in its Conventions so far, and thus we will only discuss this.

As the name suggests, ‘Protocol to Amend’ will deal with a change to a

Convention but, a change to a Convention we call it an Amendment. So, in
order for the change to a Convention to be called a ‘Protocol’, and not an
amendment, two parameters have to be fulfilled:

1. The issue has to be of vital importance

2. The change should be such that the ‘existing face’ of the treaty /
convention is altered.
For example, the change of 1997 (Introduction of Annex VI) to MARPOL
73/78 is called a Protocol and not an amendment. Why? Because, the issue of
air pollution was of vital importance based on the global issue of “global
warming” and the introduction of a new annex changed the face of the
existing convention (earlier when we mentioned MARPOL, we meant five
annexes, now we mean six annexes; and, Annexes 1 to 5 deal with
prevention of pollution of the marine environment whereas, for the first time
MARPOL was going to deal with prevention of pollution of the air
environment). Hence, the change of 1997 to MARPOL is NOT called an
amendment, but Protocol of 1997.

What is an Amendment?

The term "amendment" refers to the formal alteration of treaty provisions

affecting all the parties to the particular agreement. Such alterations must be
effected with the same formalities that attended the original formation of
the treaty. Many multilateral treaties lay down specific requirements to be
satisfied for amendments to be adopted. In the absence of such provisions,
amendments require the consent of all the parties.

What is the difference between an amendment and a Protocol to amend?

An amendment basically changes a part of something that already exists

within a convention. But, a Protocol to amend will normally add something
new and thereby change the face of an existing convention.
What are the functions of the Maritime Safety Committee (MSC) of IMO?

Structure of IMO in brief

The IMO consists of an Assembly, a Council and four main Committees: the
Maritime Safety Committee; the Marine Environment Protection Committee;
the Legal Committee; and the Technical Co-operation Committee. There is
also a Facilitation Committee.

There are NINE Sub-Committees, which supports the work of the main
technical committees – MSC and MEPC.

Maritime Safety Committee (MSC)

The MSC is the most important 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, manning from a
safety standpoint, rules for the prevention of collisions, handling of
dangerous cargoes, maritime safety procedures and requirements,
hydrographic information, log-books and navigational records, marine
casualty investigations, salvage and rescue and any other matters directly
affecting maritime safety”. It also has the responsibility for considering and
submitting recommendations and guidelines on safety for possible adoption
by the Assembly.

What are M Notice and MS Notice?

Marine Notice (M Notice)

There are three different types of Marine Notice (M Notice) and are
published by Maritime Administration of any country and therefore, are
based on the law of that country Hence M notices deal with the country’s
waters, examinations, regulations etc:
 1. Merchant Shipping Notice (MSN);
2. Marine Guidance Note (MGN); and
3. Marine Information Note (MIN).

These Notices publicise to the shipping and fishing industries important

safety, pollution prevention and other relevant information.

Merchant Shipping Notices are used to convey mandatory information that

must comply with under that country’s legislation. These MSNs relate to
Statutory Instruments and contain the technical detail of such regulations;
such as regarding accidents, their cause and recommendation on prevention.
MS Notice can also take the form of mandatory information, and must
comply with under the country’s legislation.

Marine Guidance Notes give significant advice and guidance relating to the
improvement of the safety of shipping and of life at sea, and to prevent or
minimise pollution from shipping.

Marine Information Notes are intended for a more limited audience e.g.
training establishments or equipment manufacturers, or contain information
which will only be of use for a short period of time, such as timetables for
competency examinations. MINs are numbered in sequence and have a
cancellation date (which will typically be no more than twelve months after
publication).

Within each series of Marine Notices, suffixes are used to indicate whether
documents relate to merchant ships or fishing vessels, or to both. The
suffixes following the number are:

(M) for merchant ships

(F) for fishing vessels
(M+F) for both merchant ships and fishing vessels e.g. Notice MSN
3456 (M+F) would apply to all vessels.

Thus, fishing vessel operators can see immediately if a particular document

will be of interest to them or not.
State the list of IMO Conventions.

IMO Conventions

International Convention for the Safety of Life at Sea (SOLAS), 1974, as

amended.
International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 relating thereto and by the
Protocol of 1997 (MARPOL).
International Convention on Standards of Training, Certification and
Watch-keeping for Seafarers (STCW) as amended, including the 1995
and 2010 Manila Amendments.
Convention on the International Regulations for Preventing Collisions
at Sea (COLREG), 1972.
Convention on Facilitation of International Maritime Traffic (FAL),
1965.
International Convention on Load Lines (LL), 1966.
International Convention on Maritime Search and Rescue (SAR), 1979.
Convention for the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation (SUA), 1988, and Protocol for the Suppression
of Unlawful Acts Against the Safety of Fixed Platforms located on the
Continental Shelf (and the 2005 Protocol).
International Convention for Safe Containers (CSC), 1972.
International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995.
Special Trade Passenger Ships Agreement (STP), 1971 and Protocol on
Space Requirements for Special Trade Passenger Ships, 1973.
International Convention Relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties (INTERVENTION), 1969.
Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter (LC), 1972 (and the 1996 London Protocol).
International Convention on Oil Pollution Preparedness, Response and
Co-operation (OPRC), 1990.
Protocol on Preparedness, Response and Co-operation to pollution
Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS
Protocol).
International Convention on the Control of Harmful Anti-fouling
Systems on Ships (AFS), 2001.
International Convention for the Control and Management of Ships'
Ballast Water and Sediments, 2004.
 The Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships, 2009.
International Convention on Civil Liability for Oil Pollution Damage
(CLC).
International Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage (FUND 1992).
Convention relating to Civil Liability in the Field of Maritime Carriage
of Nuclear Material (NUCLEAR), 1971
Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea (PAL), 1974.
Convention on Limitation of Liability for Maritime Claims (LLMC),
1976.
International Convention on Liability and Compensation for Damage
in Connection with the Carriage of Hazardous and Noxious Substances
by Sea (HNS), 1996 (and its 2010 Protocol).
International Convention on Civil Liability for Bunker Oil Pollution
Damage, 2001.
Nairobi International Convention on the Removal of Wrecks, 2007.
International Convention on Tonnage Measurement of Ships
(TONNAGE), 1969.
International Convention on Salvage (SALVAGE), 1989.

International Anti-Fouling System

Convention (IAFS Convention)

The International Convention on the Control of Harmful Anti-fouling Systems

on Ships prohibits the use of harmful organotins (TBT – Tributyltin oxide)
anti-fouling paints used on ships and will establish a mechanism to prevent
the potential future use of other harmful substances in anti-fouling
systems.Under the terms of the Convention, Parties to the Convention are
required to prohibit and/or restrict the use of harmful anti-fouling systems
on ships flying their flag, as well as ships not entitled to fly their flag but
Which operate under their authority and all ships that enter a port, shipyard
or offshore terminal of a Party. Under the terms of the convention, by 1
January 2008 (effective date), ships either:

Shall not bear such compounds on their hulls or external parts or surfaces; or

Shall bear a coating (called a sealer coat) that forms a barrier to such
compounds leaching from the underlying non-compliant anti-fouling systems.

This applies to all ships 400 GT and above (excluding fixed and floating
platforms, floating storage units (FSUs), and Floating Production, Storage and
Offloading units (FPSOs).

The IMO decision called for a global prohibition on the application of

organotin compounds which act as biocides in anti-fouling systems on ships
by 1 January 2003, and a complete prohibition by 1 January 2008.

The convention is entered into force on 17th September 2008.

LOAD LINE SURVEY REQUIREMENTS

To put it in a nutshell, the Load Lines of a ship ensures the
WATERTIGHT and WEATHERTIGHT INTEGRITY of a ship.

Weather-tight: To ensure that in ALL CONDITIONS OF WEATHER, NOT A DROP

OF WATER ENTERS THE SHIP’S HULL through any of the openings.

Water-tight: This is always checked against a certain height of pressure.

So, a hatch cover has to be weather-tight and a transverse bulkhead is

watertight. Therefore, during a Load Line survey, the weather-tightness of
the ship is checked.

Preparations for a Load Line Survey

 Check that all access openings at ends of enclosed structures are in
good condition. All clips, clamps, and hinges should be free and well
greased. All gaskets and seals should be crack free. Ensure that the
doors open from both sides.
Check all cargo hatches and access to holds for weather-tightness,
especially securing devices such as cleats and wedges.
Inspect all machinery space openings on exposed decks.
Check that any manholes and flush scuttles are capable of being made
watertight.
Check that all ventilator openings are provided with efficient
weathertight closing appliances and repair any defects.
All air pipes must be provided with permanently attached satisfactory
means for closing the openings.
Inspect all cargo access openings below the freeboard deck and ensure
that all of them are weather-tight.
Ensure that the non-return valves on overboard discharges are
operating in a satisfactory manner.
Portholes to spaces below the freeboard deck or to spaces within
enclosed superstructure must have efficient internal watertight
deadlights. Inspect the deadlight seals.
Check that all freeing ports are in a satisfactory condition, e.g. shutters
are not jammed, hinges are free, and that pins are of non-corroding
material. Check that any securing appliances, if fitted, work correctly.
All guard rails and bulwarks should be in a satisfactory condition, e.g.
all fractured rails should be re-welded
The IMO decision called for a global prohibition on the application of
organotin compounds which act as biocides in anti-fouling systems on ships
by 1 January 2003, and a complete prohibition by 1 January 2008.