Chapter 3 Marine Legislations

CHAPTER 3
MARITIME
ISSUES
AND
LEGISLATION
INTRODUCTION
In this chapter the cruise industry is the placed in the

context of the wider shipping industry. It is helpful when
considering ships and shipping to reflect on the
commercial nature of this global, multifaceted and
complex industry. More importantly, international shipping
complies with legislation that has serious implications for
cruise ships and the companies that operate them.
SHIPPING INDUSTRY
 The cruise industry is a derivation of passenger travel that arose

phoenix-like from what appeared to be the end of an era after World
War II, when jet planes were introduced as mass transportation
vehicles to replace the stately and seemingly invincible transatlantic
liners.
 The shipping industry is, according to Farthing and Brownrigg

(1997), the most international of all industries.
 This reflects the nature of trade in transporting cargo or goods and

people across seas and oceans internationally and the nature of the
ships and their crew
THE COMPONENTS OF SHIPPING
 Wet bulk
 Dry bulk
 Cargo liners
 Coastal and Short sea
 Cruise ships or passenger liners
 Ferries
 Offshore operations
 According to Equasis the total number of vessels in the world
fleet in 2009 stood at 74,991 or an estimated 853,276,000 GRT.
 In 2004 ward stated there were 255 ships in the world cruising
fleet and by 2009 that logistic (ISL) commented that in 2003 around
75% of the world cruise fleet was owned by three major corporations:
Carnival Corporation 41.7%;

Royal Caribbean 22.9%; and
 Norwegian Cruise Lines/Star Cruises 8.9%.
SHIP NATIONALITY, REGISTRATION AND FLAG
 Registration and flag are sometimes used as if each was synonymous

but that is not necessarily totally accurate
 Ship may be deemed to have the nationality of a state even if there is

no evidence of documentation for that nationality and the ship
unregistered.
 When a ship registered it is recorded officially and is indicative that

the ship possesses a certain nationality.
 In public Law, registrations allocates the ship to a specific state

together with the jurisdiction that applies from that state and protection
from that state, including the right to fly that state’s flag.
MARINE POLLUTION
• MARPOL (International Convention for the prevention of pollution

from Ship) is an acronym that is formed by the first three letters of
marine and pollution.
•The MARPOL agreement has been ratified by approximately 90

nations, including the US and most other major maritime nations of the
world.
•It encompasses six annexes that govern a broad range of maritime

issues relating to potential marine pollution, including; Oil, chemicals,
garbage and sewage and mandates proper disposal and/or
discharge.
Waste management standards
1. Photo Processing, Including X-ray Development Fluid Waste

2. Dry- Cleaning Waste Fluids and Contaminated Materials
3. Print Shop Waste Fluids
4. Photo Copying and Laser Printer Cartridges
5. Unused And Outdated Pharmaceuticals.
6. Fluorescent And Mercury Vapor Lamp Bulbs
7. Batteries
8. Bilge and Oily Water Residues
9. Glass, Cardboard, Aluminum and Steel Cans
10. Incinerator Ash
11. Gray Water
12. Black Water
SAFETY OF LIFE SEA
 According to Roemer (2008), Safety of Life at Sea (SOLAS) was

introduced in the form of an international treaty because of the sinking
of the Titanic and resultant loss of life.
 The International Convention for SOLAS was first adopted in

1948. It is referred to as a ‘living’ document; that is, one which is
continuously amended and updated.
 SOLAS is far reaching in its remit and requires compliance with

stringent regulations regarding structural fire protection, fire fighting
and lifesaving equipment, watercraft integrity and stability, vessel
control, navigation safety, crewing and crew competency, safety
management and environmental protection.
Notices should be posted in clear view in every passenger cabin or stateroom to
provide easily understood information regarding safety issues. This notice
should include:
 How to recognize the ship’s emergency signal

 Provide personnel and support to other Coast Guard units for Certificate of
Compliance examinations.
 Expand technical knowledge of cruise ship operations to continue as Coast
Guard’s experts in cruise ship operations, standards, examination, policy and
doctrine.
 Provide consultative services to other Coast Guard Commands on cruise
ship issues.
 Provide exportable training to Coast Guard units and supervise On-the-Job
training to visiting Coast Guard personnel
 The location of passengers’ life preservers in that stateroom
 Instructions and pictures explaining how to put on the life preserver; and
the lifeboat to which passengers in that stateroom are assigned
SANITATION AND CLEANLINESS
 In the United States, the responsibility for maintaining an oversight

of sanitary conditions on passenger vessels is undertaken by the US
Public Health Service (USPHS).
 The USPHS conducts both scheduled and unscheduled inspections

of passenger vessels in US ports under its Vessel Sanitation Program
(VSP)
 The USPHS provides the public with results of inspections on

individual vessels and reports on unsanitary conditions on individual
vessels.
MARINE SECURITY – MARSEC
 MARSEC has been developed to establish regulations for

crew competence that apply to training, certification and
watch keeping, so as to ensure safe practice and secure
environments for passengers and crew
 MARSEC requires that ships will carry a designated

vessel security officer and that this person will be responsible
for the ship’s security plan. It is expected that the security
officer will be a senior deck officer who has a responsibility
for standing watch
The ISPS Code operates with three levels of security
status:

Level 1 – normal threat level
Level 2 – heightened threat level
Level 3 – exceptional threat level
Threat levels will be communicated by ports to ships in a

timely fashion, so they have sufficient time to consider best
action. The ship’s master may elect to elevate a threat level
if the threat is considered above that stated by the port.
CRUISE SHIPS AND THE ENVIRONMENT
 It is difficult for the casual observer to recognize the

cruise industry as being environmentally friendly. The
ships appear to consume copious quantities of fuel in order
to ensure their guests are entertained continuously in
comfortable air-conditioned settings.
 People on cruise ships appear to overeat, to overindulge

and to generate waste. The ships travel to destinations
where there are concerns about the sensitivity of the marine
and land environments.
.
FINANCIAL RESPOSIBILITY
 The US Federal Maritime Commission (FMC) requires that operators of

passenger vessels carrying 50 or more passengers from a US port must
be financially secure and capable of reimbursing their customers if the
cruise is cancelled.
 The FMC also requires proof of ability to pay claims arising out of
passenger injuries or death for which the ship operator may bear some
liability.
 If a cruise is cancelled, or if an injury is incurred during a cruise, the

consumer will have to initiate action on his or her own behalf against the
cruise line.
IMO (International Maritime Organization)
 International Maritime Organization (formerly known as the Inter governmental

Maritime Consultative Organization) was established in 1948 as an agency of the
United Nations to set international maritime policy and regulate the shipping industry
CLASSIFICATION SOCIETIES
Cruise Lines International Association (CLIA)

Florida–Caribbean Cruise Association (FCCA)
North West Cruise Ship Association (NWC)
SUMMARY AND CONCLUSION
This chapter has examined a range of maritime issues that concern

cruise ships and shipping in general. It has highlighted the importance
of IMO and commented on the range of regulations that are in place to
help make shipping safe for crew and passengers. A range of
representative groups supports the industry. Some, such as CLIA, have
a role in supporting with marketing, and others, such as the FCCA and
CLIA-NWCA, have a geographical focus and represent cruise
company interests in specific areas. In addition, CLIA also takes on a
more political stance in working with governments and IMO.

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What are the main components of the shipping industry?

What are the main components of the shipping industry?

What are the main regulations regarding marine pollution?

What are the main regulations regarding marine pollution?

CHAPTER 3

In this chapter the cruise industry is the placed in the

 The cruise industry is a derivation of passenger travel that arose

 The shipping industry is, according to Farthing and Brownrigg

 This reflects the nature of trade in transporting cargo or goods and

Carnival Corporation 41.7%;

 Registration and flag are sometimes used as if each was synonymous

 Ship may be deemed to have the nationality of a state even if there is

 When a ship registered it is recorded officially and is indicative that

 In public Law, registrations allocates the ship to a specific state

• MARPOL (International Convention for the prevention of pollution

•The MARPOL agreement has been ratified by approximately 90

•It encompasses six annexes that govern a broad range of maritime

1. Photo Processing, Including X-ray Development Fluid Waste

 According to Roemer (2008), Safety of Life at Sea (SOLAS) was

 The International Convention for SOLAS was first adopted in

 SOLAS is far reaching in its remit and requires compliance with

 How to recognize the ship’s emergency signal

 In the United States, the responsibility for maintaining an oversight

 The USPHS conducts both scheduled and unscheduled inspections

 The USPHS provides the public with results of inspections on

 MARSEC has been developed to establish regulations for

 MARSEC requires that ships will carry a designated

Threat levels will be communicated by ports to ships in a

 It is difficult for the casual observer to recognize the

 People on cruise ships appear to overeat, to overindulge

 The US Federal Maritime Commission (FMC) requires that operators of

 If a cruise is cancelled, or if an injury is incurred during a cruise, the

 International Maritime Organization (formerly known as the Inter governmental

Cruise Lines International Association (CLIA)

This chapter has examined a range of maritime issues that concern

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