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Maritime Law Fundamentals
- 1. MARITIME LAW STCW Code Table A-II/1 and A-II/2
- 2. Learning Outcomes At the end of the class, the student should be able to: Discuss the Maritime Law, its introduction, history and importance.
- 3. Frequent Question 1. What is Maritime Law? 2. Where did Maritime Law originated? 3. What are the international conventions that concerned with Maritime Law? 4. Who will be implementing the provisions on a Convention or other International agreement enacted by the State?
- 4. Governing Body Domestic Law Private Law Statutes & Precedents Customary Rules Questions and Offenses Maritime Activities Legal Disputes Relationship Between Private Entities Enacted by States vessels on the oceans navigable waters developed over many years
- 5. deals with matters including: o marine commerce, o marine navigation, o marine salvaging, o shipping, o sailors, o and the transportation of passengers and goods by sea. o also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character. ◦
- 6. Public international law (or the law of nations) is a body of customary or conventional rules which are considered as legal binding by civilized states in their interaction with each other and is concerned solely with the rights and obligations of sovereign states.
- 8. International Public Maritime Law It concerns the legal relationship between States in respect of maritime matters
- 10. CONVENTIONS
- 12. IMO CONVENTIONS MARPOL MLC SOLAS STCW
- 13. S O L A S 1. Construction 1.1 Subdivision and Stability 1.2 Machinery 1.3 Electrical Installation 1.4 Fire 1.4.1 Protection 1.4.2 Detection 1.4.3 Extinction 2. Life Saving Appliances and Arrangement 3. Radio Communication 4. Safety of Navigation 5. Carriage of Cargo
- 14. M A R P O L I. Oil II. Noxious Liquid Substances in Bulk III. Packaged Form IV.Sewage V. Garbage VI.Air Composed of 6 Annexes
- 15. S T C W 1. Training Center 2. Academy / Colleges 3. Certification
- 16. MARITIME LABOR CONVENTIONS 1.Wages 2.Employment 3.Accommodation 4.Recreation 5.Food 6.Catering 7.Health Protection 8.Medical Care 9.Welfare 10.Social Security Protection
- 17. STATE’S JURISDICTION FLAG STATE PORT STATE COASTAL STATE
- 18. Flag State • shall ensure compliance by vessels flying their flag or of their registry with their laws and regulations. Port State • may undertake investigations on a vessel voluntarily within a port or at an offshore terminal of a State. Coastal State • laws and regulations relating to innocent passage through the territorial sea.
- 19. What is meant by “no more favourable treatment” for ships of non- ratifying countries?
- 20. No Exemption !!!
- 21. Scenario: The BWM Convention entered into force on 8 September 2017. Under the Convention, all ships in international traffic are required to manage their ballast water and sediments to a certain standard, according to a ship-specific ballast water management plan. But nobody wants the convention as it will be very expensive for builders to fit the equipment.
- 22. Those countries that haven’t signed up will still have to comply? Why?
- 23. Yes they must comply, because of the clause “no more favourable treatment” for ships of non-ratifying countries
Editor's Notes
- Governs maritime questions and offenses Domestic law governing maritime activities Private international law governing the relationships between private entities that operate vessels on the oceans