This circular letter from the International Maritime Organization summarizes guidelines on fair treatment of seafarers in the event of a maritime accident. The guidelines were adopted by IMO and ILO to ensure seafarers detained after an accident receive humane treatment, including provisions for basic needs, communication with family/consulate, and fair investigation processes. Member states are invited to implement the guidelines and review them at the next IMO legal committee session, where an ad hoc working group will consider concerns raised about the new guidelines.
Admiralty & Maritime Law Pittsburgh - Moschetta Law Firmmoschettalaw
This document summarizes a presentation on admiralty and maritime law given by Stephen P. Moschetta. It discusses key topics in admiralty law including what constitutes admiralty jurisdiction, the origins and development of US admiralty law, types of maritime torts such as personal injury and property damage, laws governing maritime workers like the Jones Act and Longshore Act, and limitations on liability. It provides an overview of the core concepts and issues within the field of admiralty and maritime law.
This document provides an introduction and overview of maritime law and the admiralty jurisdiction in India. It discusses key concepts like admiralty, maritime law, and the law of the sea. It traces the historical development of merchant shipping law in India from British rule. The basis of current Indian law is international conventions and UK law. The document outlines the laws applicable to maritime matters in India and the courts that exercise admiralty jurisdiction. It also describes the process and documents required for arresting a ship in India.
The document discusses the key terms used in transportation contracts and the legal aspects of different means of transportation. It examines the legal commitments and responsibilities of sellers, buyers, and carriers of goods. The chapter also analyzes uniformity issues in international private maritime law and alternatives to help address the lack of uniformity, such as model rules, standard forms, and national statutes.
UNCLOS was created to regulate uses of the oceans and resources. It established definitions for maritime zones like territorial waters and the exclusive economic zone. UNCLOS also outlines the duties of flag states, requiring them to exercise control over ships flying their flag, ensure safety standards are met, and investigate marine casualties involving their flagged ships.
This document discusses ship arrest, which is the legal process of preventing a ship from moving or trading while a court resolves a dispute. Ship arrest is done by issuing a warrant and is mainly used to secure maritime claims like collisions, salvage, loss of life, and more. The document outlines international conventions on ship arrest from 1955 and 1999. It also discusses Indian laws on ship arrest, common reasons for arrest, and conditions for releasing an arrested ship.
ACI’s National Forum on Admiralty & Maritime Claims and Litigation has been tailored to provide corporate counsel, claims counsel, and private practice defense attorneys with the expert knowledge and key strategies that they need to successfully defend against maritime litigation.
Admiralty & Maritime Law Pittsburgh - Moschetta Law Firmmoschettalaw
This document summarizes a presentation on admiralty and maritime law given by Stephen P. Moschetta. It discusses key topics in admiralty law including what constitutes admiralty jurisdiction, the origins and development of US admiralty law, types of maritime torts such as personal injury and property damage, laws governing maritime workers like the Jones Act and Longshore Act, and limitations on liability. It provides an overview of the core concepts and issues within the field of admiralty and maritime law.
This document provides an introduction and overview of maritime law and the admiralty jurisdiction in India. It discusses key concepts like admiralty, maritime law, and the law of the sea. It traces the historical development of merchant shipping law in India from British rule. The basis of current Indian law is international conventions and UK law. The document outlines the laws applicable to maritime matters in India and the courts that exercise admiralty jurisdiction. It also describes the process and documents required for arresting a ship in India.
The document discusses the key terms used in transportation contracts and the legal aspects of different means of transportation. It examines the legal commitments and responsibilities of sellers, buyers, and carriers of goods. The chapter also analyzes uniformity issues in international private maritime law and alternatives to help address the lack of uniformity, such as model rules, standard forms, and national statutes.
UNCLOS was created to regulate uses of the oceans and resources. It established definitions for maritime zones like territorial waters and the exclusive economic zone. UNCLOS also outlines the duties of flag states, requiring them to exercise control over ships flying their flag, ensure safety standards are met, and investigate marine casualties involving their flagged ships.
This document discusses ship arrest, which is the legal process of preventing a ship from moving or trading while a court resolves a dispute. Ship arrest is done by issuing a warrant and is mainly used to secure maritime claims like collisions, salvage, loss of life, and more. The document outlines international conventions on ship arrest from 1955 and 1999. It also discusses Indian laws on ship arrest, common reasons for arrest, and conditions for releasing an arrested ship.
ACI’s National Forum on Admiralty & Maritime Claims and Litigation has been tailored to provide corporate counsel, claims counsel, and private practice defense attorneys with the expert knowledge and key strategies that they need to successfully defend against maritime litigation.
The document discusses various acts and provisions related to maritime zones and safety in India. It summarizes the Territorial Waters Act of 1976, the Suppression of Unlawful Acts Against Safety of Maritime Navigation Act of 2002, and provisions in the Indian Penal Code and Code of Criminal Procedure related to maritime offences. It also provides details about enforcement wings, coastal stations, cooperation agreements, and Automatic Identification Systems.
This document provides an overview of international maritime law, including:
- The nature of international law and its sources, including written agreements and established customs.
- The classification of maritime zones such as the territorial sea and exclusive economic zone under UNCLOS.
- The law of armed conflict and principles of self-defense and exclusion zones in times of conflict.
- Examples of how different countries, including the UK, France, Ireland, Ecuador, and Vietnam, have defined their maritime baselines and zones.
Challenges of a Ship Owner During Salvagecmmindia2017
The document discusses the challenges faced by shipowners in marine salvage and emergency response situations. It notes the lack of a single overarching authority to assist ships in distress and the lack of resources and appreciation of maritime authorities. It also discusses the multiplicity of regulations that shipowners must comply with and the need to educate political leaders. The document advocates for a standardized national response plan for ports, better funding for emergency infrastructure, and improved practices from insurance surveyors and claims handlers to help support shipowners during emergencies.
This document discusses illegal, unreported, and unregulated (IUU) fishing as a driving force behind piracy and armed robbery off the coast of Somalia. It provides background on Somali piracy, defining piracy and armed robbery under international law. IUU fishing depleted Somalia's fish stocks and contributed to the country's economic collapse after 1991. With no functioning government or navy, piracy arose and became a lucrative business, peaking in 2010-2011 with over 400 attacks annually. Increased naval patrols and armed guards on ships have helped reduce Somali piracy in recent years.
The International Maritime Organization (IMO) was created in the mid-19th century to improve maritime safety through international cooperation. It was formally established in 1948 as the Inter-Governmental Maritime Consultative Organization and renamed the IMO in 1982. The IMO works to adopt international conventions on issues like safety, pollution prevention, liability, and training. It has over 170 member states and oversees committees on maritime safety, environmental protection, legal matters, technical cooperation, and facilitation.
The document discusses several key cases and conventions related to establishing boundaries and jurisdiction in maritime law:
- The 1958 and 1982 UN Conventions codified states' territorial seas, economic zones, and related rights and duties. The 1982 Convention established a standard 12-nautical mile territorial sea and 200-nautical mile exclusive economic zone.
- The Anglo-Norwegian Fisheries Case established that coastal states can draw straight baselines to determine their territorial seas, within reason based on geographic features. This approach was later codified in the 1982 Convention.
- Other cases examined what crimes fall under a state's jurisdiction when committed in territorial waters or aboard foreign-flagged vessels in port. Jurisdiction depends on factors like the crime's
M.V. Ramamurthy Shipowner's Views on Salvage & Wreck Removal CMMIcmmindia2017
This document summarizes key concepts from the 1989 International Convention on Salvage and the SCOPIC clause. Some key points:
- The Convention broadened the definition of peril to include potential dangers, expanded salvage awards to include environmental salvage even if the ship was not saved, and introduced criteria to determine salvage awards.
- SCOPIC was introduced after a case found the Convention limited environmental salvors to expenses with no profit, allowing salvors to be compensated for preventing pollution.
- SCOPIC remuneration includes preventing and removing nearby pollution for proper salvage execution, with liability on the shipowner alone rather than general average. Arbitration resolves SCOPIC disputes.
This document discusses definitions and classifications related to shipwrecks and salvage operations. It defines what constitutes a "wreck" according to various laws and conventions including sunken or stranded ships and objects from ships. It also discusses the agencies and international laws involved in salvage operations as well as classifications of salvage services. Finally, it outlines topics like apportionment of salvage awards, the role of coastal states, and policies regarding ownership of shipwrecks.
Compiling the rules relating to marine fisheries exploitation including in th...shibam saha
The United Nations Convention on the Law of the Sea (UNCLOS) was formed in 1982 to ensure freedom of navigation and shipping at sea. It provides the legal framework governing all uses of the oceans, including environmental control, marine scientific research, economic activities, and settlement of disputes. UNCLOS originated from three previous U.N. conferences on the law of the sea, held in 1958, 1960, and 1973-1982, which established concepts of territorial waters, continental shelves, exclusive economic zones, and the rights and obligations of states in these maritime zones. The convention also addresses protection and preservation of the marine environment from multiple sources of pollution.
The document discusses the international law of the sea, including key provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS). It summarizes that UNCLOS established a 12 nautical mile territorial sea limit and introduced new legal regimes for the exclusive economic zone and international seabed area. The summary also notes that under UNCLOS, ships enjoy the right of innocent passage through territorial seas and coastal states can exercise jurisdiction over foreign ships in certain circumstances, such as if a consequence of a crime extends to the coastal state.
This document provides an overview of the United Nations Convention on the Law of the Sea (UNCLOS-III). It discusses key concepts in UNCLOS-III including maritime zones like the territorial sea, exclusive economic zone, and continental shelf. It also covers maritime boundaries and methods for delineating boundaries. Specifically, it highlights how UNCLOS-III is relevant for Bangladesh, including reviewing Bangladesh's baselines and maritime zones, resolving maritime boundary issues according to UNCLOS-III, and ensuring peaceful use of the Bay of Bengal. The document aims to familiarize the reader with UNCLOS-III and visualize how it applies to Bangladesh's maritime zones.
This document summarizes key parts of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It discusses the territorial sea and contiguous zone, including the sovereignty of coastal states over their territorial sea and airspace above it. It establishes the breadth of the territorial sea at 12 nautical miles and outlines rules for determining baselines and outer limits. It also covers innocent passage of ships through territorial seas, jurisdiction of coastal states, and exclusive economic zones.
The document discusses the Law of the Sea, which concerns public international law governing states' interactions in maritime matters. It summarizes the key topics covered in the UN Convention on the Law of the Sea (UNCLOS), including territorial waters, exclusive economic zones, and technology transfer. UNCLOS was finalized in 1982 and came into force in 1994, with over 149 nations now party to the convention. The legal framework established by UNCLOS is now widely accepted internationally and most states' national maritime laws are based on its provisions.
Legal Implications of PMSCs in EEZ and Contingous zonesHelen Tung
This document discusses the legal implications of using private military/maritime security companies (PMSCs) in economic exclusive zones (EEZs) and contiguous zones. It defines an EEZ as extending 200 nautical miles from shore where coastal states have sovereign rights over resources and economic activities. The contiguous zone extends up to 24 nautical miles where coastal states can enforce laws to prevent infringement. PMSCs provide armed security services. They are governed by the non-binding Montreux Document and the International Code of Conduct for Private Security Service Providers which provide guidelines around use of force, weapons management, and human rights/international law compliance.
This document summarizes key aspects of maritime law as it relates to personal injury claims. It outlines the parties that can bring claims, including seamen, "Sieracki seamen", longshoremen, and other maritime workers. It then discusses the sources of admiralty law and various legal provisions governing admiralty jurisdiction. A major section focuses on the doctrine of maintenance and cure, including who qualifies, who is responsible for payments, the scope of payments, and other elements of a maintenance and cure claim.
This document discusses the history and development of the United Nations Convention on the Law of the Sea (UNCLOS). It traces the evolution of maritime law from ancient codes and customs to modern international agreements. Key events included Hugo Grotius establishing the principle of freedom of the seas in the early 17th century and UNCLOS being signed in 1982 after over a decade of negotiations. UNCLOS established rules governing territorial waters, exclusive economic zones, the continental shelf, high seas, and international seabed areas. It aimed to create a comprehensive legal framework for the governance of oceans.
Chapter 1 early practice of the law of the seaLin Nur
This document discusses the historical development of maritime boundaries and sovereignty over ocean spaces. It outlines several important developments:
- 1023 Charter of King Cnut granted wreck rights to monks off the coast of Sandwich. Roman law considered the sea as common property.
- 1609 Hugo Grotius introduced "mare liberum" or freedom of the seas, arguing the ocean is too vast to be owned. 1613 Welwood restricted this to the main ocean. 1636 John Seldon argued for "mare clausum" or state sovereignty over coastal waters.
- Subsequent scholars proposed principles of sovereignty extending to the midpoint between states or cannon shot range from the coast. Median lines emerged as a common delimit
The document summarizes the Code of Conduct for Responsible Fisheries developed by the UN's Food and Agriculture Organization (FAO) in 1995. The code aims to establish principles for sustainable fishing practices and fisheries management. It recognizes the nutritional, economic, social and environmental importance of fisheries. The code has 12 articles covering issues like establishing principles for responsible fishing, national fisheries policies, international agreements, trade in fish, research, and standards for all involved in the fisheries sector. Signatories are encouraged to apply the principles of conservation, management, and sustainable development of aquatic resources.
This document provides an overview of maritime law including its introduction, history, importance, and governing bodies. It discusses key concepts in maritime law such as public international maritime law, private international maritime law, conventions, and the jurisdictions of flag states, port states, and coastal states. It also summarizes some of the main IMO conventions including SOLAS, MARPOL, STCW, and MLC and provides learning outcomes and frequently asked questions about maritime law.
This document provides an ILO code of practice for accident prevention on board ships at sea and in port. It contains general provisions and duties for competent authorities, shipowners, masters, seafarers, safety committees, officers and representatives. It also includes recommendations for reporting accidents, permit-to-work systems, shipboard safety considerations, emergencies, dangerous goods carriage, ship access, movement, enclosed spaces, lifting, tools, hot work, painting, working aloft/overboard, electricity, dangerous substances, and rope upkeep. The code aims to provide guidance but is not legally binding.
The document discusses various acts and provisions related to maritime zones and safety in India. It summarizes the Territorial Waters Act of 1976, the Suppression of Unlawful Acts Against Safety of Maritime Navigation Act of 2002, and provisions in the Indian Penal Code and Code of Criminal Procedure related to maritime offences. It also provides details about enforcement wings, coastal stations, cooperation agreements, and Automatic Identification Systems.
This document provides an overview of international maritime law, including:
- The nature of international law and its sources, including written agreements and established customs.
- The classification of maritime zones such as the territorial sea and exclusive economic zone under UNCLOS.
- The law of armed conflict and principles of self-defense and exclusion zones in times of conflict.
- Examples of how different countries, including the UK, France, Ireland, Ecuador, and Vietnam, have defined their maritime baselines and zones.
Challenges of a Ship Owner During Salvagecmmindia2017
The document discusses the challenges faced by shipowners in marine salvage and emergency response situations. It notes the lack of a single overarching authority to assist ships in distress and the lack of resources and appreciation of maritime authorities. It also discusses the multiplicity of regulations that shipowners must comply with and the need to educate political leaders. The document advocates for a standardized national response plan for ports, better funding for emergency infrastructure, and improved practices from insurance surveyors and claims handlers to help support shipowners during emergencies.
This document discusses illegal, unreported, and unregulated (IUU) fishing as a driving force behind piracy and armed robbery off the coast of Somalia. It provides background on Somali piracy, defining piracy and armed robbery under international law. IUU fishing depleted Somalia's fish stocks and contributed to the country's economic collapse after 1991. With no functioning government or navy, piracy arose and became a lucrative business, peaking in 2010-2011 with over 400 attacks annually. Increased naval patrols and armed guards on ships have helped reduce Somali piracy in recent years.
The International Maritime Organization (IMO) was created in the mid-19th century to improve maritime safety through international cooperation. It was formally established in 1948 as the Inter-Governmental Maritime Consultative Organization and renamed the IMO in 1982. The IMO works to adopt international conventions on issues like safety, pollution prevention, liability, and training. It has over 170 member states and oversees committees on maritime safety, environmental protection, legal matters, technical cooperation, and facilitation.
The document discusses several key cases and conventions related to establishing boundaries and jurisdiction in maritime law:
- The 1958 and 1982 UN Conventions codified states' territorial seas, economic zones, and related rights and duties. The 1982 Convention established a standard 12-nautical mile territorial sea and 200-nautical mile exclusive economic zone.
- The Anglo-Norwegian Fisheries Case established that coastal states can draw straight baselines to determine their territorial seas, within reason based on geographic features. This approach was later codified in the 1982 Convention.
- Other cases examined what crimes fall under a state's jurisdiction when committed in territorial waters or aboard foreign-flagged vessels in port. Jurisdiction depends on factors like the crime's
M.V. Ramamurthy Shipowner's Views on Salvage & Wreck Removal CMMIcmmindia2017
This document summarizes key concepts from the 1989 International Convention on Salvage and the SCOPIC clause. Some key points:
- The Convention broadened the definition of peril to include potential dangers, expanded salvage awards to include environmental salvage even if the ship was not saved, and introduced criteria to determine salvage awards.
- SCOPIC was introduced after a case found the Convention limited environmental salvors to expenses with no profit, allowing salvors to be compensated for preventing pollution.
- SCOPIC remuneration includes preventing and removing nearby pollution for proper salvage execution, with liability on the shipowner alone rather than general average. Arbitration resolves SCOPIC disputes.
This document discusses definitions and classifications related to shipwrecks and salvage operations. It defines what constitutes a "wreck" according to various laws and conventions including sunken or stranded ships and objects from ships. It also discusses the agencies and international laws involved in salvage operations as well as classifications of salvage services. Finally, it outlines topics like apportionment of salvage awards, the role of coastal states, and policies regarding ownership of shipwrecks.
Compiling the rules relating to marine fisheries exploitation including in th...shibam saha
The United Nations Convention on the Law of the Sea (UNCLOS) was formed in 1982 to ensure freedom of navigation and shipping at sea. It provides the legal framework governing all uses of the oceans, including environmental control, marine scientific research, economic activities, and settlement of disputes. UNCLOS originated from three previous U.N. conferences on the law of the sea, held in 1958, 1960, and 1973-1982, which established concepts of territorial waters, continental shelves, exclusive economic zones, and the rights and obligations of states in these maritime zones. The convention also addresses protection and preservation of the marine environment from multiple sources of pollution.
The document discusses the international law of the sea, including key provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS). It summarizes that UNCLOS established a 12 nautical mile territorial sea limit and introduced new legal regimes for the exclusive economic zone and international seabed area. The summary also notes that under UNCLOS, ships enjoy the right of innocent passage through territorial seas and coastal states can exercise jurisdiction over foreign ships in certain circumstances, such as if a consequence of a crime extends to the coastal state.
This document provides an overview of the United Nations Convention on the Law of the Sea (UNCLOS-III). It discusses key concepts in UNCLOS-III including maritime zones like the territorial sea, exclusive economic zone, and continental shelf. It also covers maritime boundaries and methods for delineating boundaries. Specifically, it highlights how UNCLOS-III is relevant for Bangladesh, including reviewing Bangladesh's baselines and maritime zones, resolving maritime boundary issues according to UNCLOS-III, and ensuring peaceful use of the Bay of Bengal. The document aims to familiarize the reader with UNCLOS-III and visualize how it applies to Bangladesh's maritime zones.
This document summarizes key parts of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It discusses the territorial sea and contiguous zone, including the sovereignty of coastal states over their territorial sea and airspace above it. It establishes the breadth of the territorial sea at 12 nautical miles and outlines rules for determining baselines and outer limits. It also covers innocent passage of ships through territorial seas, jurisdiction of coastal states, and exclusive economic zones.
The document discusses the Law of the Sea, which concerns public international law governing states' interactions in maritime matters. It summarizes the key topics covered in the UN Convention on the Law of the Sea (UNCLOS), including territorial waters, exclusive economic zones, and technology transfer. UNCLOS was finalized in 1982 and came into force in 1994, with over 149 nations now party to the convention. The legal framework established by UNCLOS is now widely accepted internationally and most states' national maritime laws are based on its provisions.
Legal Implications of PMSCs in EEZ and Contingous zonesHelen Tung
This document discusses the legal implications of using private military/maritime security companies (PMSCs) in economic exclusive zones (EEZs) and contiguous zones. It defines an EEZ as extending 200 nautical miles from shore where coastal states have sovereign rights over resources and economic activities. The contiguous zone extends up to 24 nautical miles where coastal states can enforce laws to prevent infringement. PMSCs provide armed security services. They are governed by the non-binding Montreux Document and the International Code of Conduct for Private Security Service Providers which provide guidelines around use of force, weapons management, and human rights/international law compliance.
This document summarizes key aspects of maritime law as it relates to personal injury claims. It outlines the parties that can bring claims, including seamen, "Sieracki seamen", longshoremen, and other maritime workers. It then discusses the sources of admiralty law and various legal provisions governing admiralty jurisdiction. A major section focuses on the doctrine of maintenance and cure, including who qualifies, who is responsible for payments, the scope of payments, and other elements of a maintenance and cure claim.
This document discusses the history and development of the United Nations Convention on the Law of the Sea (UNCLOS). It traces the evolution of maritime law from ancient codes and customs to modern international agreements. Key events included Hugo Grotius establishing the principle of freedom of the seas in the early 17th century and UNCLOS being signed in 1982 after over a decade of negotiations. UNCLOS established rules governing territorial waters, exclusive economic zones, the continental shelf, high seas, and international seabed areas. It aimed to create a comprehensive legal framework for the governance of oceans.
Chapter 1 early practice of the law of the seaLin Nur
This document discusses the historical development of maritime boundaries and sovereignty over ocean spaces. It outlines several important developments:
- 1023 Charter of King Cnut granted wreck rights to monks off the coast of Sandwich. Roman law considered the sea as common property.
- 1609 Hugo Grotius introduced "mare liberum" or freedom of the seas, arguing the ocean is too vast to be owned. 1613 Welwood restricted this to the main ocean. 1636 John Seldon argued for "mare clausum" or state sovereignty over coastal waters.
- Subsequent scholars proposed principles of sovereignty extending to the midpoint between states or cannon shot range from the coast. Median lines emerged as a common delimit
The document summarizes the Code of Conduct for Responsible Fisheries developed by the UN's Food and Agriculture Organization (FAO) in 1995. The code aims to establish principles for sustainable fishing practices and fisheries management. It recognizes the nutritional, economic, social and environmental importance of fisheries. The code has 12 articles covering issues like establishing principles for responsible fishing, national fisheries policies, international agreements, trade in fish, research, and standards for all involved in the fisheries sector. Signatories are encouraged to apply the principles of conservation, management, and sustainable development of aquatic resources.
This document provides an overview of maritime law including its introduction, history, importance, and governing bodies. It discusses key concepts in maritime law such as public international maritime law, private international maritime law, conventions, and the jurisdictions of flag states, port states, and coastal states. It also summarizes some of the main IMO conventions including SOLAS, MARPOL, STCW, and MLC and provides learning outcomes and frequently asked questions about maritime law.
This document provides an ILO code of practice for accident prevention on board ships at sea and in port. It contains general provisions and duties for competent authorities, shipowners, masters, seafarers, safety committees, officers and representatives. It also includes recommendations for reporting accidents, permit-to-work systems, shipboard safety considerations, emergencies, dangerous goods carriage, ship access, movement, enclosed spaces, lifting, tools, hot work, painting, working aloft/overboard, electricity, dangerous substances, and rope upkeep. The code aims to provide guidance but is not legally binding.
This document provides an overview of seaworthiness in maritime law and marine insurance. It discusses how seaworthiness involves the physical fitness of the vessel, competency of the crew, and necessary documentation. International conventions like the Hague Rules, Hamburg Rules, and Rotterdam Rules have established frameworks regarding a carrier's duty to ensure seaworthiness. Indian law on seaworthiness is largely based on colonial-era British legislation, though some principles from international conventions have been adopted. The document examines key concepts, theoretical frameworks, current legal positions, and relevant Indian laws on seaworthiness.
This document provides guidance for inspectors of small fishing vessels less than 24 meters in length. It outlines basic principles for inspectors to uphold, such as exercising integrity and fairness. It provides definitions for key terms and addresses the conduct of inspections, issuance of certificates, giving advice, and preparing for potential litigation. The goal is to help ensure fishing vessels are safely constructed and operated according to minimum standards.
2013 MSC 92-12-4 - Failure to submit maritime casualty reports (ICS and ITF)_...ssuser1a3f75
This document discusses the apparent failure of some flag states to submit maritime casualty reports to the IMO as required. It suggests that the definition of a "very serious casualty" and the latitude given to flag states in interpreting it could be reconsidered. It also proposes that lessons may be learned from how the aviation industry and ICAO handle accident report submission and dissemination. The committee is invited to consider this issue and determine if further action is warranted.
This document discusses the COLREG (Collision Regulations), which establish navigation rules for ships to prevent collisions at sea. The objectives are to prevent collisions, ensure all seagoing officers understand how to apply the rules in real situations, and identify knowledge gaps. The rules apply to all vessels on the high seas and work together with special rules of individual states. Amendments can be made through an explicit or tacit process. Exemptions may be granted for vessels that comply with earlier collision regulations. In conclusion, COLREGs have significantly reduced maritime fatalities and are an important part of safety training for ship officers.
This document outlines Australia's National Plan for Maritime Environmental Emergencies. The plan implements Australia's international obligations to respond to oil spills and hazardous material releases at sea. It establishes governance and management structures for prevention, preparedness, response and recovery efforts. The plan designates roles and responsibilities for stakeholders across different levels of government, industry and operators.
Purpose
Article 1: The purpose of this Law, in view of rights and obligations stemming from international and national law in matters of assuring marine safety and preventing marine pollution, is to establish;
a) The principles concerning response and preparedness for eliminating the risk of pollution, or for reducing, containing, or eliminating pollution in emergency incidences stemming from ships or operations of coastal facilities,
b) The principles for determining and compensating for damages resulting from an incident,
c) The principles concerning fulfillment of international commitments, and
d) Powers, duties, and responsibilities of the officials of institutions, organizations, ships, and facilities as stipulated in the Law, along with those of any (other) persons subject to the Law.
Scope
Article 2: This Law includes the authorities , duties and responsibilities of the Ministries , Public Authorities and liable parties of the ships of 500 gross tons or larger, that are carrying petroleum or other harmful substances and are already in or are requesting to enter an area of enforcement for any reason; along with the liable parties of coastal facilities performing operations that might cause pollution with petroleum or other noxious substances.
War ships, auxiliary war ships, along with any ships owned or operated by a state and used for noncommercial activities, shall not be subject to this Law.
Potential Climate Change Litigation under the United Nations Fish Stocks Agre...Dr. William C.G. Burns
This document discusses the potential impacts of climate change on fish stocks that migrate between countries' waters or spend parts of their life cycles in international waters, known as straddling stocks and highly migratory species. It outlines provisions in international agreements, such as the UN Fish Stocks Agreement, that could apply to addressing climate change impacts on these fish stocks. Specifically, it notes the agreement requires conservation of fish stocks and minimizing pollution that could harm ecosystems, and establishes mechanisms for settling disputes between states over interpreting and applying the agreement.
The document provides an overview of the Code of Conduct for Responsible Fisheries (CCRF) presented by Karthikachandran from the University of Kerala. The CCRF was adopted by FAO in 1995 and provides principles and standards for sustainable fisheries. It covers conservation, management, and development of fisheries. The summary includes the origins, goals, actors involved in implementing the CCRF, its structure with 12 articles addressing issues like fisheries management, fishing operations, aquaculture, and research.
Final Report (TCP/RLA/0069)
Development of Standards for the Construction and Inspection of Fishing Vessels
Final Report TCP/RLA/0069 http://www.slideshare.net/safetyforfishermen/final-report-of-project-57610513
Annex I http://www.slideshare.net/safetyforfishermen/annex-i-57610511
Annex II http://www.slideshare.net/safetyforfishermen/annex-ii-57610508
Annex III http://www.slideshare.net/safetyforfishermen/annex-iii
Annex IV http://www.slideshare.net/safetyforfishermen/annex-iv-57610500
Annex V http://www.slideshare.net/safetyforfishermen/annex-v-57610497
Annex VI http://www.slideshare.net/safetyforfishermen/annex-vi-57610495
Schedule 1 http://www.slideshare.net/safetyforfishermen/schedule-1-57610492
Schedule 2 http://www.slideshare.net/safetyforfishermen/schedule-2-57610486
Schedule 3 http://www.slideshare.net/safetyforfishermen/schedule-3-57610481
Schedule 4 http://www.slideshare.net/safetyforfishermen/schedule-4-57610477
Schedule 5 http://www.slideshare.net/safetyforfishermen/schedule-5-57610474
Schedule 6 http://www.slideshare.net/safetyforfishermen/schedule-6-57610470
Schedule 7 http://www.slideshare.net/safetyforfishermen/schedule-7-57610465
Schedule 8 http://www.slideshare.net/safetyforfishermen/schedule-8-57610456
Schedule 9 http://www.slideshare.net/safetyforfishermen/schedule-9-57610450
Schedule 10 http://www.slideshare.net/safetyforfishermen/schedule-10-57610439
Schedule 11 http://www.slideshare.net/safetyforfishermen/schedule-11-57610431
Annex VII http://www.slideshare.net/safetyforfishermen/annex-vii-57610416
Annex VIII http://www.slideshare.net/safetyforfishermen/annex-viii-57610410
Annex IX http://www.slideshare.net/safetyforfishermen/annex-ix-57610400
Annex X http://www.slideshare.net/safetyforfishermen/annex-x-57610393
Annex XI http://www.slideshare.net/safetyforfishermen/annex-xi-57610383
1. The document analyzes international cooperation mechanisms between Pakistan and China for combating piracy, examining them from the perspective of international law. It focuses on the significance of mechanisms established through regional approaches.
2. Piracy and armed robbery at sea have increased in the post-Cold War era due to political and economic instability in developing countries. The UNCLOS framework establishes guidelines for international cooperation against these crimes.
3. Pakistan and China have developed increasingly close maritime cooperation in the Indian Ocean, with China joining multinational anti-piracy efforts and reopening its embassy in Somalia. Their cooperation through the CPEC project and Gwadar Port development is also strategically important.
The document discusses international cooperation and organizations that are important for maritime medicine. It outlines conventions and regulations related to maritime health, including those addressing medical examinations of seafarers. Specifically, the STCW Convention and MLC 2006 provide guidance on medical exams, while the ILO/IMO Guidelines provide criteria for assessing medical fitness. There is discussion of developing common standards and mutual recognition of medical examiners between countries to harmonize application of medical requirements internationally.
Marine salvage and the protection of the marine environmentTiago Zanella
Marine salvage is one of the most important institutes of Maritime Law. Arisen from customary law, it came to be regulated by law and currently has specific rules.One of the principal rules inmarine salvage is the ‘no cure no pay’ principle.In this, the savior only will receive the payment by the salvage work if a useful result is achieved.The ‘no cure no pay’ was always an imperative principle in marine salvage. However, currently it is gradually being relativized.This practice occurs because of the needs to protectthe marine environment. Thus, even without a useful result, the savior can receive a payment for their services if they protected the marine environment. This article examines this development in principle ‘no cure no pay’ and how the maritime law applies it.
3 Simple Steps To Buy Verified Payoneer Account In 2024SEOSMMEARTH
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Z guidelines tratement seafearer
1. I:C_L2711.doc
INTERNATIONAL MARITIME ORGANIZATION
4 ALBERT EMBANKMENT
LONDON SE1 7SR
Telephone: 020 7735 7611
Fax: 020 7587 3210
IMO
E
Ref. A1/B/2.06(a) Circular letter No.2711
26 June 2006
To: All IMO Member States
United Nations and specialized agencies
Intergovernmental organizations
Non-governmental organizations in consultative status
Liberation movements
Subject: Guidelines on fair treatment of seafarers in the event of a maritime accident
The Secretary-General of the International Maritime Organization (IMO) has the honour to
circulate herewith attached the resolution and Guidelines on fair treatment of seafarers in the event
of a maritime accident. The resolution and Guidelines apply to all instances where seafarers may be
detained by public authorities in the event of a maritime accident, which is defined as “any
unforeseen occurrence or physical event connected to the navigation, operations, manoeuvring or
handling of ships, or the machinery, equipment, material, or cargo on board such ships which may
result in the detention of seafarers.” Guidance is provided to (a) port and coastal States, (b) flag
States, (c) seafarer States, (d) shipowners, and (e) seafarers. The resolution, which was adopted by
the Legal Committee of IMO at its ninety-first session, on 27 April 2006, and by the Governing
Body of the International Labour Organization at its 296th
session on 12 June 2006, invites Member
Governments to implement the guidelines as from 1 July 2006.
A review of these guidelines will commence at the ninety-second session of the
Legal Committee in October 2006. An ad hoc Working Group will be established to consider
concerns raised by a number of countries on application of the new Guidelines. Any observations on
the implementation of these Guidelines should be submitted to the International Maritime
Organization or to the International Labour Office so they may be taken into account in the review.
Comments may be submitted electronically by e-mail to IMO at info@imo.org and to ILO at
marit.ilo.org.
Member Governments and non-governmental organizations in observer status are invited to
circulate these Guidelines as widely as possible and to bring these Guidelines to the attention of any
government agency or official who may be involved in decisions regarding the treatment of seafarers
who may be detained in the event of a maritime accident.
***
2.
3. Circular letter No.2711
I:C_L2711.doc
ANNEX
Resolution LEG.3(91)
adopted on 27 April 2006
ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT
THE LEGAL COMMITTEE OF THE INTERNATIONAL MARITIME ORGANIZATION AND
THE GOVERNING BODY OF THE INTERNATIONAL LABOUR ORGANIZATION,
RECALLING resolution A.987(24) approved by the Assembly of IMO at its twenty-fourth
regular session and the ILO Governing Body at its 292nd
session, by which the IMO Assembly and
the ILO Governing Body, inter alia, agreed to the adoption of Guidelines on fair treatment of
seafarers in the event of a maritime accident as a matter of priority and authorized the IMO Legal
Committee and the ILO Governing Body to promulgate the said guidelines once finalized, by
appropriate means;
HAVING considered the Guidelines as prepared by the Joint IMO/ILO Ad Hoc Expert
Working Group on Fair Treatment of Seafarers in the Event of a Maritime Accident;
REALIZING the need to keep the Guidelines under review;
RECALLING the Vienna Convention on Consular Relations, in particular, Article 36
concerning communication and contact with nationals;
NOTING MSC/MEPC.4/Circ.1 on Retention of original records/documents on board ships
dated 26 September 2005;
BEARING IN MIND the importance of the United Nations Convention on the Law of the
Sea, done at Montego Bay on 10 December 1982, in particular articles 97, 228, 230, 232 and 292,
and of the customary international law of the sea;
CONSIDERING that the Guidelines provide a code of best practice;
MINDFUL of the need to monitor the application and implementation of the Guidelines; and
BEARING IN MIND FURTHER, the adoption of the ILO Maritime Labour Convention on
23 February 2006; hereby,
1. ADOPT the Guidelines on fair treatment of seafarers in the event of a maritime accident set
out in the annex to the present resolution;
2. INVITE Member Governments to implement these Guidelines as from 1 July 2006;
3. INVITE ALSO Member Governments and non-governmental organizations in consultative
status with IMO and ILO to circulate the Guidelines as widely as possible in order to ensure their
widespread promulgation and implementation;
4. Circular letter No.2711
ANNEX
Page 2
I:C_L2711.doc
4. INVITE, where appropriate, Member Governments to consider amending their national
legislation to give full and complete effect to the Guidelines;
5. INVITE FURTHER Member Governments to take note of the principles contained in these
Guidelines when considering fair treatment of seafarers in other circumstances where innocent
seafarers might be detained; and
6. AGREE on the need to keep the Guidelines under review.
5. Circular letter No.2711
ANNEX
Page 3
I:C_L2711.doc
ANNEX
GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT
I Introduction
1 It is recommended that these Guidelines be observed in all instances where seafarers may be
detained by public authorities in the event of a maritime accident.
2 Seafarers are recognized as a special category of worker and, given the global nature of the
shipping industry and the different jurisdictions that they may be brought into contact with, need
special protection, especially in relation to contacts with public authorities. The objective of these
Guidelines is to ensure that seafarers are treated fairly following a maritime accident and during any
investigation and detention by public authorities and that detention is for no longer than necessary.
3 These Guidelines have been prepared in accordance with resolution A.987(24)∗
on
Guidelines on fair treatment of seafarers in the event of a maritime accident adopted on 1 December
2005 by the Assembly of the International Maritime Organization. This resolution is attached at
annex to these Guidelines.
4 These Guidelines do not seek to interfere with any State’s domestic, criminal, or civil law
processes nor the full enjoyment of the basic rights of seafarers, including those provided by
international human rights instruments, and the seafarers’ right to humane treatment at all times.
5 Seafarers are entitled to protection against coercion and intimidation from any source during
or after any investigation into a maritime accident.
6 The investigation of a maritime accident should not prejudice the seafarer in terms of
repatriation, lodgings, subsistence, payment of wages and other benefits and medical care. These
should be provided at no cost to the seafarer by the shipowner, the detaining State or an appropriate
State.
7 These Guidelines do not apply to warships or naval auxiliaries.
II Definitions
8 For the purposes of these Guidelines,
“seafarer” means any person who is employed or engaged or works in any capacity
on board a ship;
“shipowner” means the owner of the ship or another organization or person, such as
the manager, agent or bareboat charterer, who has assumed the responsibility for the
operation of the ship from the owner and who, on assuming such responsibility, has
agreed to take over the duties and responsibilities of the shipowner, regardless of
∗
Included in this document.
6. Circular letter No.2711
ANNEX
Page 4
I:C_L2711.doc
whether any other organization or persons fulfil certain of the duties or
responsibilities on behalf of the shipowner;
“maritime accident” means any unforeseen occurrence or physical event connected to
the navigation, operations, manoeuvring or handling of ships, or the machinery,
equipment, material, or cargo on board such ships which may result in the detention
of seafarers;
“investigation” means an investigation into a maritime accident;
“detention” means any restriction on the movement of seafarers by public authorities,
imposed as a result of a maritime accident, including preventing them leaving the
territory of a State other than the seafarer’s country of nationality or residence.
III Guidelines for the port or coastal State
9 The port or coastal State should:
.1 take steps so that any investigation they conduct to determine the cause of a maritime
accident that occurs within their jurisdiction is conducted in a fair and expeditious
manner;
.2 co-operate and communicate with all substantially interested States, shipowners, and
seafarers, and take steps to provide seafarers’ representative organizations in the port
or coastal State with access to seafarers;
.3 take steps to ensure that adequate measures are taken to preserve human rights of
seafarers at all times, and the economic rights of detained seafarers;
.4 ensure that seafarers are treated in a manner which preserves their basic human
dignity at all times;
.5 take steps to ensure/verify that adequate provisions are in place to provide for the
subsistence of each detained seafarer including, as appropriate, wages, suitable
accommodation, food and medical care;
.6 ensure that due process protections are provided to all seafarers in a
non-discriminatory manner;
.7 ensure that seafarers are, where necessary, provided interpretation services, and are
advised of their right to independent legal advice, are provided access to independent
legal advice, are advised of their right not to incriminate themselves and their right to
remain silent, and, in the case of seafarers who have been taken into custody, ensure
that independent legal advice is provided;
.8 ensure that involved seafarers are informed of the basis on which the investigation is
being conducted (i.e., whether it is in accordance with the IMO Code for the
Investigation of Marine Casualties and Incidents (resolution A.849(20) as amended
by resolution A.884(21) or as subsequently amended), or pursuant to other national
legal procedures);
7. Circular letter No.2711
ANNEX
Page 5
I:C_L2711.doc
.9 ensure that the obligations of the Vienna Convention on Consular Relations,
including those relating to access, are promptly fulfilled and that the State(s) of the
nationality of all seafarers concerned are notified of the status of such seafarers as
required, and also allow access to the seafarers by consular officers of the flag State;
.10 ensure that all seafarers detained are provided with the means to communicate
privately with all of the following parties:
- family members;
- welfare organizations;
- the shipowner;
- trade unions;
- the Embassy or Consulate of the flag State and of their country of residence
or nationality; and
- legal representatives;
.11 use all available means to preserve evidence to minimize the continuing need for the
physical presence of any seafarer;
.12 ensure decisions taken pursuant to the Protocol of 1978 relating to the International
Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78) are
consistent with the provisions of Annex 1 (Regulations for the prevention of
pollution by oil), Regulation 11;
.13 promptly conduct interviews with seafarers, when done for a coastal State
investigation following a maritime accident, taking into account their physical and
mental condition resulting from the accident;
.14 take steps to ensure that seafarers, once interviewed or otherwise not required for a
coastal State investigation following a maritime accident, are permitted to be
re-embarked or repatriated without undue delay;
.15 consider non-custodial alternatives to pre-trial detention (including detention as
witnesses), particularly where it is evident that the seafarer concerned is employed in
a regular shipping service to the detaining port or coastal State;
.16 promptly conclude its investigation and, if necessary, charge seafarers suspected of
criminal actions and ensure that due process protections are provided to all seafarers
subsequent to any such charge;
.17 have in place procedures so that any damage, harm or loss incurred by the detained
seafarer or by the shipowner, in relation to the detention of that particular seafarer,
attributable to the wrongful, unreasonable or unjustified acts or omissions of the
detaining port or coastal State are promptly and fully compensated;
8. Circular letter No.2711
ANNEX
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I:C_L2711.doc
.18 insofar as national laws allow, ensure that a process is available for posting a
reasonable bond or other financial security to allow for release and repatriation of the
detained seafarer pending resolution of any investigatory or judicial process;
.19 take steps to ensure that any court hearing, when seafarers are detained, takes place
as expeditiously as possible;
.20 take steps to ensure decisions taken are consistent with generally applicable
provisions of the law of the sea;
.21 take steps to respect the generally accepted provisions of international maritime law
regarding the principle of exclusive flag State jurisdiction in matters of collision or
other incidents of navigation; and
.22 take steps to ensure that no discriminatory or retaliatory measures are taken against
seafarers because of their participation during investigations.
IV Guidelines for the flag State
10 The flag State should:
.1 take steps to ensure that any investigation to determine the cause of a maritime
accident is conducted in a fair and expeditious manner;
.2 co-operate and communicate with all substantially interested States, shipowners, and
seafarers, and take steps to provide seafarers’ representative organizations with
access to seafarers;
.3 where appropriate, participate directly, under the IMO Code for the Investigation of
Maritime Casualties and Incidents (IMO Assembly resolution A.849(20) as amended
by resolution A.884(21) and as may be subsequently amended), in any casualty
investigation;
.4 assist in ensuring that shipowners honour obligations to seafarers involved in a
maritime accident or any investigation;
.5 ensure/verify that adequate provisions are in place to provide for the subsistence of
each detained seafarer, including, as appropriate, wages, suitable accommodation,
food and medical care;
.6 ensure that shipowners honour obligations to co-operate in any flag, coastal or port
State investigation following a maritime accident;
.7 assist seafarers to secure fair treatment, and assist shipowners in the event of an
investigation by a port or coastal State;
.8 fund the repatriation of seafarers, where necessary, following the aftermath of a
maritime accident in instances where shipowners fail to fulfil their responsibility to
repatriate;
9. Circular letter No.2711
ANNEX
Page 7
I:C_L2711.doc
.9 assist, as provided for in national law, in the issuance and service of process and the
return to a port or coastal State of seafarers subject to its jurisdiction who are needed
solely as witnesses in any proceeding following a maritime accident;
.10 take steps to ensure that its consular officers are permitted access to the involved
seafarers, irrespective of their nationality;
.11 take all necessary measures to ensure the fair treatment of seafarers who were
employed or engaged on a vessel flying its flag. This may ultimately include
utilizing international dispute resolution mechanisms, which can secure the prompt
release of vessels and crews upon the posting of a reasonable bond or financial
security; and
.12 take steps to ensure that no discriminatory or retaliatory measures are taken against
seafarers because of their participation during investigations.
V Guidelines for the seafarer State
11 The seafarer State should:
.1 co-operate and communicate with all substantially interested States, shipowners, and
seafarers, and take steps to provide seafarers’ representative organizations with
access to seafarers;
.2 monitor the physical and mental well-being and treatment of seafarers of their
nationality involved in a maritime accident, including any associated investigations;
.3 fund the repatriation of their national seafarers, where necessary, following the
aftermath of a maritime accident in instances where shipowners and the flag State fail
to fulfil their responsibility to repatriate;
.4 assist, as provided for in national law, in the service of process and the return to a
port or coastal State of seafarers subject to its jurisdiction who are needed solely as
witnesses in any proceeding following a maritime accident;
.5 take steps to ensure that its consular officers are permitted access to the involved
seafarers;
.6 take steps to provide support and assistance, to facilitate the fair treatment of
nationals of the seafarer State and the expeditious handling of the investigation;
.7 take steps to ensure that all funds remitted by shipowners, the detaining State, or any
other State for detained seafarers, or for support of those seafarers’ families, are
delivered for the intended purposes; and
.8 take steps to ensure that no discriminatory or retaliatory measures are taken against
seafarers because of their participation during investigations.
10. Circular letter No.2711
ANNEX
Page 8
I:C_L2711.doc
VI Guidelines for shipowners
12 With regard to investigations, shipowners have an overriding duty to protect the rights of the
seafarers employed or engaged, including the right to avoid self-incrimination and to take steps to
ensure their fair treatment, and should:
.1 take all available measures to ensure that no discriminatory or retaliatory measures
are taken against seafarers because of their participation during investigations and
take steps to ensure that such conduct by other entities is not tolerated;
.2 co-operate and communicate with all substantially interested States, other
shipowners, as appropriate, and seafarers, and take steps to provide seafarers’
representative organizations with access to seafarers;
.3 take action to expedite the efforts of a port, coastal, or flag State investigation;
.4 take steps to encourage seafarers and others under their employment, with due regard
to any applicable rights, to co-operate with any investigation;
.5 use all reasonable means to preserve evidence to minimize the continuing need for
the physical presence of any seafarer;
.6 fulfil their obligation in relation to the repatriation of, or take steps to re-embark, the
seafarers; and
.7 ensure/verify that adequate provisions are in place to provide for the subsistence of
each seafarer, including, as appropriate, wages, suitable accommodation, food and
medical care.
VII Guidelines for seafarers
13 Seafarers should:
.1 take steps to ensure, if necessary, that they have appropriate interpretation services;
.2 take steps to ensure that they fully understand their right not to self-incriminate, and
that they fully understand that when statements are made to port, coastal or flag State
investigators, these may potentially be used in a future criminal prosecution;
.3 take steps to ensure, if they consider it necessary, that they have arrangements for
access to legal advice prior to deciding whether to give statements to port, coastal or
flag State investigators; and
.4 participate in an investigation, to the extent possible, having regard to their right not
to self-incriminate, with port, coastal or flag State investigators, by providing truthful
information to the best of their knowledge and belief.
11. Circular letter No.2711
ANNEX
Page 9
I:C_L2711.doc
Appendix
INTERNATIONAL MARITIME ORGANIZATION
IMO
E
ASSEMBLY
24th session
Agenda item 10
A 24/Res.987
9 February 2006
Original: ENGLISH
Resolution A.987(24)
Adopted on 1 December 2005
(Agenda item 10)
GUIDELINES ON FAIR TREATMENT OF SEAFARERS
IN THE EVENT OF A MARITIME ACCIDENT
THE ASSEMBLY OF THE INTERNATIONAL MARITIME ORGANIZATION AND THE
GOVERNING BODY OF THE INTERNATIONAL LABOUR ORGANIZATION,
BEING AWARE of a number of recent incidents in which seafarers on ships that have been
involved in maritime accidents have been detained for prolonged periods,
SERIOUSLY CONCERNED about the need to ensure the fair treatment of seafarers in view
of the growing use of criminal proceedings against seafarers after a maritime accident,
AWARE ALSO that seafarers may not be familiar with the law and processes of a port or
coastal State and the impact those national laws may have on them,
CONVINCED that seafarers should not be held hostage pending the resolution of a financial
dispute,
CONCERNED that, in some cases, the grounds for such detentions have not been clear to the
seafarers being detained or to the international maritime community,
CONCERNED ALSO that in some cases the detained seafarers have been subject to
conditions in which their basic human rights appear not to have been fully respected,
12. Circular letter No.2711
ANNEX
Page 10
I:C_L2711.doc
CONCERNED FURTHER that these cases have an adverse impact on the morale of
seafarers, on the attraction and recruitment of young people into the seafaring profession, and on
retention of current seafarers in the profession,
RECALLING the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural
Rights (ICESCR),
RECALLING ALSO the ILO Declaration on Fundamental Principles and Rights at Work,
1998 and the generally accepted principles of international human rights applicable to all workers,
RECALLING FURTHER the United Nations Convention on the Law of the Sea, 1982,
in particular article 292 concerning the prompt release of vessels and crews, and article 230 on
monetary penalties and the observance of recognized rights of the accused,
NOTING that MARPOL 73/78 stipulates, in Annex I, Regulation 11 and in Annex II,
Regulation 6, that certain discharges are not violations of MARPOL, specifically those resulting
from damage to a ship or its equipment, provided that all reasonable precautions have been taken,
after the occurrence of the damage or discovery of the discharge, for the purpose of preventing or
minimizing the discharge, and except if the owner or the master acted either with intent to cause
damage or recklessly and with knowledge that damage would probably result,
NOTING ALSO the relevant international labour standards applicable to repatriation of
seafarers, in particular ILO Convention No.166 concerning the Repatriation of Seafarers, (Revised),
1987,
NOTING FURTHER the IMO Code for the Investigation of Maritime Casualties and
Incidents (resolution A.849(20) as amended by resolution A.884(21)),
RECOGNIZING the established rights of States to prosecute or extradite in accordance with
international law those accused of criminal behaviour,
RECOGNIZING FURTHER that States should conduct investigations into maritime
accidents,
RECOGNIZING ALSO that the issue of fair treatment of seafarers is the direct responsibility
of port or coastal States, flag States, the State of the nationality of the seafarer, shipowners and
seafarers,
CONVINCED that recommendatory guidelines are an appropriate means of establishing a
framework of legal certainty and consistent good practice to ensure that, in connection with maritime
accidents, seafarers are fairly treated and their rights are not violated,
CONSIDERING that, given the global nature of the shipping industry, seafarers need special
protection,
CONVINCED ALSO that the protection of the rights of seafarers through the application of
the guidelines referred to above is necessary to avoid the financial, physical and emotional burden
which prolonged detention inflicts on seafarers and their families,
13. Circular letter No.2711
ANNEX
Page 11
I:C_L2711.doc
BELIEVING that the adoption of guidelines which will facilitate the fair treatment of
seafarers in the event of a maritime accident should be developed as a matter of urgency,
HAVING CONSIDERED the recommendations made by the Legal Committee at its ninetieth
session, as endorsed by the ILO Governing Body at its 292nd
session,
1. URGE all States to respect the basic human rights of seafarers involved in maritime
accidents;
2. URGE ALSO all States expeditiously to investigate maritime accidents to avoid any unfair
treatment of seafarers;
3. URGE FURTHER all States to adopt procedures to allow the prompt repatriation or
re-embarkation of seafarers following maritime accidents;
4. INVITE Member Governments and non-governmental organizations in consultative or
observer status with IMO or ILO, as appropriate, to record instances of unfair treatment of seafarers
in the event of maritime accidents and to provide data to IMO or ILO whenever requested;
5. AGREE to adopt guidelines as a matter of priority and to that end request the
Joint IMO/ILO Ad Hoc Expert Working Group on Fair Treatment of Seafarers to finalize its work
expeditiously;
6. AUTHORIZE the IMO Legal Committee and the ILO Governing Body to promulgate, once
finalized, the said guidelines by appropriate means and to report to the twenty-fifth regular session of
the IMO Assembly and to the 295th
session of the ILO Governing Body, accordingly;
7. REQUEST the IMO Legal Committee and the ILO Governing Body to keep the problem of
unfair treatment of seafarers in the event of maritime accidents under review and to assess
periodically the scale of the problem;
8. REQUEST Member Governments to bring this resolution to the attention of shipowners and
seafarers and their respective organizations as well as any government officials who may be involved
in decisions and procedures affecting the treatment of seafarers involved in maritime accidents.
___________