Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...
CHAPTER 1-Organizations related to Sea Transport Service-Dr.Nattakarn.pdf
1. Principle of Sea Freight
CHAPTER 1 :
Organizations related to Sea Transport Service
2. LEARNING OBJECTIVE
➢ Gain a comprehensive overview of the various organizations involved in sea transport service.
➢ Identify the key roles and responsibilities of each type of organization, such as shipping lines,
ports, regulatory bodies, and support services.
➢ Understand the interdependencies and relationships between different organizations within the
sea transport ecosystem.
3. Difference Between Maritime Transport And Sea Transport
MARITIME TRANSPORT SEA TRANSPORT
Maritime transport refers to the transportation of all
goods by sea. This includes domestic and international
shipping. Transportation of goods in coastal and deep
waters Use of various types of boats including seagoing
ships Coastal shipping vessels, fishing boats and
pleasure boats
Sea transport refers to the transport of goods by sea
within the country or between countries. It transports
goods in coastal and deep waters only. By using sea
vessels and coastal shipping vessels.
5. INTERNAL WATERS: These are the waters on the landward side of the baseline (usually the low-
water line along the coast). A country has complete sovereignty over its internal waters, like it
does over its land territory.
TERRITORIAL SEA: This zone extends 12 nautical miles (about 22 kilometers) from the baseline. A
country has sovereignty over the territorial sea, which means it can make laws and regulations
governing the use of these waters. However, other countries have the right of innocent passage
through the territorial sea.
CONTIGUOUS ZONE: This zone extends an additional 12 nautical miles beyond the territorial
sea, for a total of 24 nautical miles from the baseline. In the contiguous zone, a country has the
right to enforce its customs, immigration, and sanitation laws.
EXCLUSIVE ECONOMIC ZONE (EEZ): This zone extends 200 nautical miles from the baseline. A
country has the exclusive right to explore and exploit the natural resources (both living and non-
living) in its EEZ, including the seabed and subsoil. Other countries have the freedom of
navigation and overflight in the EEZ, and the right to lay submarine cables and pipelines.
CONTINENTAL SHELF: The continental shelf is not shown on the diagram, but it extends beyond
the EEZ. It is the underwater extension of the continent, and a country has the exclusive right to
explore and exploit the natural resources of its continental shelf.
7. Ships are classified as a special type of movable property under law due to their high value and
intricacies involved in ownership and operation
SPECIAL CHARACTERISTICS OF CARGO SHIPS AS MOVABLE PROPERTY:
• High Value: Cargo ships represent significant financial investments, demanding specific legal protections and regulations compared to ordinary
movable assets.
• Mobility: Ships possess the unique ability to navigate large distances and across international borders, introducing complexities in jurisdiction
and legal frameworks.
• Operational Requirements: Owning and operating cargo ships involve various legal considerations besides simple possession, such as:
• Registration: Ships must be registered with a state to legally operate, establishing ownership and national affiliation.
• Crew and Safety Regulations: Maritime law dictates specific guidelines for crew welfare, safety procedures, and environmental
protection onboard.
• Cargo Carriage Agreements: Contracts govern the transport of goods, outlining responsibilities, liabilities, and dispute resolution
mechanisms.
• International Conventions: International maritime regulations, like the UN Convention on the Law of the Sea, set standards for ship
safety, navigation, and pollution control.
• Transfer of Rights: Ownership transfer of cargo ships often involves specialized legal procedures beyond standard sale agreements for movable
property. This may include:
• Bills of Sale: Detailed legal documents transfer ownership rights and responsibilities.
• Mortgage and Lien Registrations: Ships can be used as collateral for loans, requiring registration of mortgages and liens.
• Change of Flag and Port Registration: Transferring ownership may involve changing the ship's registration flag and port, necessitating
compliance with relevant legal procedures.
8. ✓ Maritime choke points are strategic bottlenecks along vital shipping routes,
typically narrow waterways or straits that can significantly impact the flow of
global trade. as the "pinch points" on a vast network of maritime highways.
✓ Choke points are strategic, narrow passages that connect two larger areas to
one another. When it comes to maritime trade, these are typically straits or
canals that see high volumes of traffic because of their optimal location.
Maritime Choke Points
Principle of Sea Freight
9.
10. Organizations related to Sea Freight Transport
1. IMO- the International Maritime Organization
2. WSC - World Shipping Council
3. Shipper’s Council
4. GSA - Global Shipper’s Alliance
5. FIATA - in French "Fédération Internationale des Associations de Transitaires et
Assimilés", in English "International Federation of Freight Forwarders
Associations“
6. AFFA - ASEAN Federation of Forwarders Association and its National
Associations members
7. Other Regional Organizations
11. IMO – the International Maritime Organization – is the United Nations specialized agency with
responsibility for the safety and security of shipping and the prevention of marine and atmospheric
pollution by ships. IMO was founded in 1948 but received official recognition in 1970. IMO's work
supports the UN sustainable development goals.
12. IMO
IMO – the International Maritime Organization – is the United Nations specialized agency with
responsibility for the safety and security of shipping and the prevention of marine and atmospheric
pollution by ships. IMO's work supports the UN SDGs.
It has always been recognized that the best way of improving safety at sea is by developing international
regulations that are followed by all shipping nations and from the mid-19th century onwards a number of
such treaties were adopted. Several countries proposed that a permanent international body should be
established to promote maritime safety more effectively, but it was not until the establishment of the United
Nations itself that these hopes were realized. In 1948 an international conference in Geneva adopted a
convention formally establishing IMO (the original name was the Inter-Governmental Maritime
Consultative Organization, or IMCO, but the name was changed in 1982 to IMO.
http://www.imo.org/en/Pages/Default.aspx
13.
14. Relationship between IMO and United Nations
The Organization's primary goal is to foster cooperation among governments in the
realm of shipping regulations and practices.
The focus of collaboration is on technical aspects affecting international trade
shipping. The Organization aims to encourage and facilitate cooperation in these
areas.
DR. NATTAKARN CHAIHAWONG
15. IMO
The mission statement of IMO as a United Nations specialized agency is
to promote safe, secure, environmentally sound, efficient and sustainable shipping through
cooperation.
This will be accomplished by adopting the highest practicable standards of maritime safety
and security, efficiency of navigation and prevention and control of pollution from ships, as
well as through consideration of the related legal matters and effective implementation of
IMO’s instruments with a view to their universal and uniform application.
16. What is the Maritime Organization?
➢ United Nations specialized agency with responsibility for the safety and
security of shipping and the prevention of marine and atmospheric
pollution by ships.
Four Pillars of International Maritime Organization
“What are the four pillars of an international maritime
organization?
➢ The Safety of Life at Sea (SOLAS) Convention,
➢ Convention for the Prevention of Pollution from Ships
(MARPOL)
➢ Convention for Standards of Training Certification, and
Watchkeeping for Seafarers (STCW)
➢ The Maritime Labor Convention (MLC)
17. (I) Safety of Life at Sea (SOLAS)
➢ The safety of the crew and other passengers aboard ships is one of the key concerns of the
business, and SOLAS, or Safety of Life at Sea, is often recognized as the most significant of all
international conventions.
➢ The 14 chapters of the SOLAS Convention that are now in effect comprise various laws and
rules that outline the minimal safety requirements for developing, outfitting, and operating
commercial ships.
➢ Not all ships are covered by the SOLAS Convention. Only vessels operating in international
waters (except warships, cargo ships under 500 GT, non-propelled ships, wooden ships, non-
commercial pleasure yachts, and fishing vessels) will be subject to the SOLAS regulations.
18. Additional information…
Safety of Life at Sea (SOLAS)
It is to specify minimum standards for the construction,
equipment, and operational of ships compatible with their
safety. There are 14 chapters in SOLAS and chapter no. 2, 3,
4, 5 are the main sections that are regularly referenced to
concerning requirements for the operations. The main
chapters are about:
➢ Number 2: Fire protection, fire detection, and fire
extinction
➢ Number 3: Lifesaving appliances and arrangements
➢ Number 4: Radio communications
➢ Number 5: Safety of navigation
19. (II) Standards of Training, Certification, and Watchkeeping (STCW)
➢ For all levels of staff and crew on board a ship, including masters, officers, and watch people,
the STCW, or Criteria of Training, Certification, and Watchkeeping for Seafarers, establishes
basic qualifying standards.
➢ Through a shared agreement that guarantees equivalent training programs are completed
internationally by all seafarers of equal position and rank.
➢ STCW is assisting in furthering the achievement of these aims. The STCW Convention stipulates
that an authorized provider must deliver certification-related training.
➢ All crew members are subject to STCW regulations, which apply to ships over 24 meters long.
➢ Some positions require specific credentials, sea time, and refresher training. Contrary to
previous conventions, the STCW applies to ships from non-party states when they enter ports
of convention-party states.
20. (III) Pollution Prevention from Ships (MARPOL)
➢ Preventing environmental pollution by ships, addressing both intentional and unintentional
pollution.
➢ Guidelines for handling, stowing, and transporting hazardous material.
➢ Applies to any vessel, regardless of flag or place of operation, flying the flag of a State that is a
party to the Convention or conducting business there.
➢ The provisions of MARPOL must be incorporated via national legislation in signatory flag states.
21. 2. Marine Pollution (MARPOL)
It is the international convention for the prevention of pollution from ships. Designed to minimize pollution of
the seas, including oil and exhaust gases pollution. In MARPOL there are 6 annexes.
•Annex I: Regulations for the prevention of pollution by oil.
•Annex II: Regulations for the control of pollution by noxious liquid substances in bulk.
•Annex III: Regulations for the prevention of pollution by harmful substances carried by sea in packaged form.
•Annex IV: Regulations for the prevention of pollution by sewage from ships.
•Annex V: Regulations for the prevention of pollution by garbage from ships.
•Annex VI: Regulations for the prevention of air pollution from ships.
Additional information…
22.
23.
24. (IV) Maritime Labour Convention (MLC)
➢ The MLC, or Maritime Labour Convention, sets minimum requirements for seafarers on ships.
➢ The extensive Convention offers a single, universally regarded source of rules and direction.
➢ The MLC guarantees mariners the following basic working and residential conditions:
“ Employment Agreements, Pay, Levels for Manning, Rest Periods and Leave Rights, Repatriation,
Compensation for a Lost Ship or a Launch, Development of Career and Skills”
✓ Under the MLC, sailors must also be taught and qualified to undertake aboard responsibilities
(training must comply with IMO requirements), complete personal safety instruction, and rules
requiring a minimum age and medical certification.
✓ The MLC also mandates establishing a system for reporting workplace illnesses and accidents.
✓ The MLC does not cover fishing boats, warships, and auxiliary vessels, nor are seafarers working
on ships that operate in inland or protected seas.
25. COMPARISON OF MARITIME LABOUR CONVENTION (MLC) AND AIR CARRIER LABOUR CONVENTION (ACLC)
FEATURE MARITIME LABOUR CONVENTION (MLC) AIR CARRIER LABOUR CONVENTION (ACLC)
Scope Seafarers working on ships engaged in international
voyages
Cabin crew and flight deck personnel working on
international air services
Year Adopted 2006 1999
Key Focus Minimum working and living standards for seafarers Fair and safe working conditions for cabin crew and flight
deck personnel
Main Topics Covered Wages, hours of work, rest periods, annual leave,
accommodation, food, medical care, occupational safety
and health, social security, training and certification
Wages, hours of work, rest periods, annual leave, training and
certification, fatigue management, reporting of incidents,
dispute resolution
Specific Regulations Minimum wage levels, limits on working hours,
requirements for safe and decent accommodation and
food, medical care standards, training and certification
requirements, social security protection
Rest requirements based on flight time and duty time,
limitations on flight time duty time extension, fatigue
management programs, reporting of incidents and dangerous
occurrences, dispute resolution mechanisms
Enforcement Flag States (countries where the ship is registered) are
responsible for enforcement
Contracting States (countries that have ratified the ACLC) are
responsible for enforcement
Current Status Ratified by 110 countries, covering over 90% of global
shipping tonnage
Ratified by 29 countries
Additional Notes The MLC is considered a key instrument for ensuring
decent working conditions in the maritime industry and is
often referred to as the "Seafarers' Bill of Rights"
The ACLC is less widely ratified and covers a smaller portion
of the aviation industry compared to the MLC
26. What are the 5 main committees of IMO?
(FAL) (LEG) (MEPC) (MSC)
(TC)
➢ The Council is elected by the Assembly for two-year terms beginning after each regular session of the Assembly.
➢ The Council is the Executive Organ of IMO and is responsible, under the Assembly, for supervising the work of the
Organization. Between sessions of the Assembly the Council performs all the functions of the Assembly, except the
function of making recommendations to Governments on maritime safety and pollution prevention
27. Safety of Life at Sea (SOLAS)
Standards of Training, Certifications, and Watchkeeping
for Seafarers (STCW)
International Ship and Port Facilities Security (ISPS)
Marine Pollution (MARPOL)
International Safety Management Code (ISM)
28. What are the 6 bodies of IMO?
The International Maritime Organization (IMO) consists of
an Assembly, a Council, and five main Committees:
1. the Maritime Safety Committee,
2. the Marine Environment Protection Committee,
3. the Legal Committee,
4. the Technical Cooperation Committee,
5. the Facilitation Committee.
6. Additionally, a number of Sub-Committees support the
work of the main technical bodies.
Structure of the International Maritime Organization (IMO)
29. IMO
As a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety,
security and environmental performance of international shipping. Its main role is to create a regulatory
framework for the shipping industry that is fair and effective, universally adopted and universally
implemented.
In other words, its role is to create a level playing-field so that ship operators cannot address their
financial issues by simply cutting corners and compromising on safety, security and environmental
performance. This approach also encourages innovation and efficiency.
http://www.imo.org/en/Pages/Default.aspx
30.
31.
32.
33.
34.
35. WSC (World Shipping Council)
WSC was originally formed to interface with the US government on behalf of the international liner
shipping industry.
After the terrorist attacks of September 11 2011, WSC and its member companies forged a close
working relationship with the US government, the European Commission, and international organizations
to develop new laws, regulations and programs designed to better secure international maritime
commerce and the thousands of supply chains that importers and exporters around the world depend
upon.
The goal of the WSC is to provide a coordinated voice for the liner shipping industry. The WSC and its
member companies partner with governments and other stakeholders collaborate on actionable solutions
for some of the world’s most challenging transportation problems.
36. Shipper’s Council
On the country scope, some of them are :
o HSC – Hong Kong Shipper’s Council
o MNSC – Malaysian National Shipper’s Council
o NZSC - New Zealand Shipper’s Council
o NSC – Nigerian Shipper’s Council
o PSC – Palestinian Shippers’ Council
o SCB – Shipper’s Council of Bangladesh
o SLSC – Sri Langka Shipper’s Council
o TSC – Tanzanian Shipper’s Council
o TNSC – Thai National Shipper’s Council **
o USC – Uganda Shipper’s Council
38. GSA (Global Shippers’ Alliance)
GSA (The Global Shippers’ Alliance) represent the logistics interest of manufacturers, retailers and
wholesalers, collectively referred to as Shipper.
GSA consists of ASA (Asian Shipper’s Alliance), ESC (European Shippers’ Alliance), and AAEI (the
American Association of Exporters and Importers).
39. GSA (Global Shippers’ Alliance)
The objective of GSA is to intervene in the field of international transport and trade in a joint and
coordinated way to promote the evolution of regulation, markets, practices, which will enhance and
better facilitate the flow of goods between continents.
GSA engages with other stakeholders in the field of trade and logistics to :
• Promote liberalization, fair competition, and a free access to market
• Lower barriers, repel anticompetitive practices, and monitor the application of such principles
• Lower non-tariff trade barriers through increased cooperation with various border control
authorities and relevant evolution of physical and IT processes.
• Increase visibility of the shippers as a global community among other stakeholders, promote co-
operation, and bring balance to all stakes involved, including performance, security, and
environmental impact
40. FIATA
FIATA, in French "Fédération Internationale des
Associations de Transitaires et Assimilés", in English
"International Federation of Freight Forwarders
Associations“, was founded in Vienna, Austria on May
31, 1926.
FIATA, a non-governmental organization, represents today an industry covering
approximately 40,000 forwarding and logistics firms, also known as the "Architects of
Transport", employing around 8 - 10 million people in 150 countries.
FIATA has consultative status with the Economic and Social Council (ECOSOC) of the United
Nations (inter alia ECE, ESCAP, ESCWA), the United Nations Conference on Trade and
Development (UNCTAD), and the UN Commission on International Trade Law
(UNCITRAL).
41. FIATA
FIATA’s main Objectives are :
o To unite the freight forwarding industry worldwide
o To represent, promote & protect the interests of the industry by participating as advisors or
experts in meetings of international bodies dealing with transportation
o To familiarize trade and industry and the public at large with the services rendered by freight
forwarders through the dissemination of information, distribution of publications, etc.
o To improve the quality of services rendered by freight forwarders by developing and promoting
uniform forwarding documents, standard trading conditions, etc.
o To assist with vocational training for freight forwarders, liability insurance problems, tools for
electronic commerce including electronic data interchange (EDI) and barcode.
42. FIATA’s Organization
FIATA is structured into Institutes, Advisory Bodies, and Working Groups each in their turn dealing
with every aspect that affects the international movement of freight.
1. The Institutes, which usually meet twice per year, carry out the technical work of the Federation. Currently
FIATA has three, namely the :
o Airfreight Institute (AFI)
o Customs Affairs Institute (CAI)
o Multimodal Transport Institute (MTI)
2. For matters that affect the whole of the freight forwarding industry there are five Advisory Bodies:
o Advisory Body of International Affairs (ABIA)
o Advisory Body of Information Technology (ABIT)
o Advisory Body Legal Matters (ABLM)
o Advisory Body Safety and Security (ABSS)
o Advisory Body Vocational Training (ABVT)
3. They co-operate with the Institutes and Working Groups, if required, and meet according to necessity.
43. AFFA
AFFA (ASEAN Federation of Forwarders Association) is a regional
intergovernmental organization comprising 10 (ten) Southeast Asian states
which promotes Freight Forwarding through intergovernmental cooperation
and facilitates cargo transport through tri-service transport amongst its
members and Asian states.
Since its formation on 7 December 1991 by Indonesia, Malaysia, the
Philippines, Singapore, Brunei and Thailand, the organization’s membership
has expanded to include Cambodia, Laos, Myanmar and Vietnam.
Communication by members across nations takes place in English.
Today, AFFA stands strong with a total of 10 members in the organization.
44. AFFA
The objectives of AFFA shall be as follows :
a) to unify all freight forwarders in the ASEAN region through the national freight forwarders
organizations concept;
b) to foster, promote, develop and maintain close co-operation between and among the freight
forwarders in the ASEAN region;
c) to represent the members in their collective interests in relation to freight forwarding matters
peculiar to the ASEAN region; and
d) to pursue all measures to improve the quality, standard and professionalism of freight
forwarders in the ASEAN region.
45. AFFA National Association members
1. BRUFA (Brunei Freight Forwarders Association), Brunei
2. CAMFFA (Cambodian Freight Forwarders Association), Cambodia
3. FEDFAP (Federation of Freight Forwarders Associations of the Philippine), Philippine
4. FMFF (Federation of Malaysian Freight Forwarders)), Malaysia
5. ILFA/ALFI (Indonesian Logistics and Forwarders Association/Asosiasi Logistik dan Forwarder
Indonesia), Indonesia
6. LIFFA (Lao International Freight Forwarder Association), Lao
7. MIFFA (Myanmar International Freight Forwarders Association), Myanmar
8. SLA (Singapore Logistics Association), Singapore
9. TIFFA (Thai International Freight Forwarders Association), Thailand
10. VLA (Vietnam Logistics Association), Vietnam
48. Other Regional Organizations
Some of them are :
✓CLECAT (the European Association for Forwarding, Transport, Logistics and Customs Services
https://www.clecat.org/
✓EFFA (European Freight Forwarders Association)
https://www.effa.com/
✓FEAFFA(Federation of East African Freight Forwarders Associations)
https://www.feaffa.com/
NATIONAL CUSTOMS BROKERS & FORWARDERS ASSOCIATION OF AMERICA
https://www.ncbfaa.org/
49. องค์กร ภูมิภาค ประเภทสมาชิก บทบาท
ASEAN Federation of
Forwarders Associations (AFFA)
อาเซียน
สมาคมผู้ส่งสินค้าระหว่าง
ประเทศ
ส่งเสริมและพัฒนาอุตสาหกรรมการขนส่งสินค้าทางทะเลใน
ภูมิภาคอาเซียน ปกป้องผลประโยชน์ของสมาชิกองค์กร และ
ส่งเสริมความร่วมมือระหว่างสมาชิกองค์กร
the European Association for
Forwarding, Transport, Logistics
and Customs Services (CLECAT)
ยุโรป
สมาคมผู้ส่งสินค้าระหว่าง
ประเทศ สมาคมขนส่งสินค้า
สมาคมโลจิสติกส์ สมาคมพิธี
การศุลกากร
ส่งเสริมและพัฒนาอุตสาหกรรมการขนส่งสินค้าและโลจิสติกส์
ในยุโรป ปกป้องผลประโยชน์ของสมาชิกองค์กร และส่งเสริม
ความร่วมมือระหว่างสมาชิกองค์กร
European Freight Forwarders
Association (EFFA)
ยุโรป
สมาคมผู้ส่งสินค้าระหว่าง
ประเทศ
ส่งเสริมและพัฒนาอุตสาหกรรมการขนส่งสินค้าทางทะเลใน
ยุโรป ปกป้องผลประโยชน์ของสมาชิกองค์กร และส่งเสริม
ความร่วมมือระหว่างสมาชิกองค์กร
Federation of East African
Freight Forwarders Associations
(FEAFFA)
ตะวันออก
แอฟริกา
สมาคมผู้ส่งสินค้าระหว่าง
ประเทศ
ส่งเสริมและพัฒนาอุตสาหกรรมการขนส่งสินค้าทางทะเลใน
ภูมิภาคตะวันออกแอฟริกา ปกป้องผลประโยชน์ของสมาชิก
องค์กร และส่งเสริมความร่วมมือระหว่างสมาชิกองค์กร
51. Rule &Regulations : There are 5 types of IMO
Safety of Life at Sea
(SOLAS)
Marine Pollution (MARPOL)
Standards of Training,
Certifications, and Watchkeeping
for Seafarers (STCW)
International Safety
Management Code
(ISM)
International Ship and Port Facilities Security
(ISPS)