Introduction to Maritime Law

Maritime law may be roughly divided

into two parts the commercial part and
the operational part.
When dealing with commercial
maritime law most of the law that has
been embodied is old customary law
that is law that has been followed
through usage over a period of time.
These laws were framed maybe a
century or two ago by commercial
trading houses like Lloyds in their
agreement for trade and carriage of

Newer versions always are

incorporated in them, these are
frequently employed in the bills of
lading and the clauses may vary from
one bill of lading to the other.
However statute law is more rigid and
has been evolved for principally safety
of the persons employed on the ships
further the marine environment has
been added to that list.
A broad division may be made as
statute law harm to humans on the
ship (today inclusion of marine life).

Most of the statute laws are agreed

upon through the conventions between
international member states. The first of
the convention appeared over a century
ago and dealt with overloading of
ships and towards the collision
between ships both arose over
excessive human life being lost.

FACTS:
- that maritime law is based partly on
generally accepted customary rules
developed over many years and partly
on statute law enacted by states
- that matters of safety, protection of
the marine environment and
conditions of employment are covered
by statute law
- that the main sources of maritime law
are international conventions

- that the adoption of international

conventions and agreements is intended
to provide uniform practice
internationally
- that a convention is a treaty
between the States which have agreed
to be bound by it to apply the principles
contained in the convention within their
sphere of jurisdiction

- that, to implement a convention or

other international agreement, a State
must enact national legislation giving
effect to and enforcing its provisions
- that recommendations which are not
internationally binding may be
implemented by a State for ships flying
its flag

The main originators of

international conventions
concerned with maritime law are:
- International Maritime Organisation
(IMO)
- International Labour Organisation (ILO)
- Committee Maritime International (CMI)
- United Nations

describes:
- flag State jurisdiction
- coastal State jurisdiction
- port State jurisdiction

Maritime law is for worldwide trade.

Trade is between different states and as
such claims and such are always
prevalent. If no common ground existed
then the dispute would not be sorted out
and the entire amicable trading pattern
would come to a standstill. Thus
conventions among member states are
the pillars on which international trade
stands.
Once a convention has been accepted
it sets guideline at the very minimum
the standards that are to be associated

Also in addition to the law as per the

convention the state may have other
laws, which may not be similar to other
state laws.
These conventions are all
encompassing and take into view all
suggestions and after clarifying the
same are formulated. Thus the
convention is universally accepted and
thus no misunderstanding in the
implementation occurs. It becomes
easier for member states to trade
knowing that the same convention is

However a convention is only a

guideline it is not law of the land. To be
so, the member state has to get this
convention enacted as a law in its own
country. Once this is done and the
country trades with another, which has
at its core law, a similar law based on
the same convention, the trading claims
and others proceed smoothly.
It must be remembered however that
the law being the same the penalties
and other fines may not be the same.

Any jurisdiction over other states

properties are set out in the convention
itself the only differing are the fines
and the penalties which are left to the
individual states discretion

The main organizations involved in

making international laws:
1. United Nations
2. (UN Agency) International Maritime
Organization (IMO)
3. (UN Agency) International Labour
Organization (ILO)
4. (Organization of Maritime Laws)
Comite Maritime International (CMI)

Coastal State Jurisdiction

A. Criminal jurisdiction on board a
foreign ship
1. The criminal jurisdiction of the coastal
State should not be exercised on board a
foreign ship passing through the
territorial sea to arrest any person or to
conduct any investigation in connection
with any crime committed on board the
ship during its passage, save only in the
following cases:

(a) if the consequences of the crime

extend to the coastal State;
(b) if the crime is of a kind to disturb
the peace of the country or the good
order of the territorial sea;
(c) if the assistance of the local
authorities has been requested by the
master of the ship or by a diplomatic
agent or consular officer of the flag
State; or
(d) if such measures are necessary for
the suppression of illicit traffic in
narcotic drugs or psychotropic

2. The above provisions do not affect

the right of the coastal State to take any
steps authorized by its laws for the
purpose of an arrest or investigation on
board a foreign ship passing through
the territorial sea after leaving internal
waters.
3. In the cases provided for in
paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a
diplomatic agent or consular officer of
the flag State before taking any steps,
and shall facilitate contact between such

In cases of emergency this notification

may be communicated while the
measures are being taken.
4. In considering whether or in what
manner an arrest should be made, the
local authorities shall have due regard to
the interests of navigation.

5. The coastal State may not take any

steps on board a foreign ship passing
through the territorial sea to arrest any
person or to conduct any investigation
in connection with any crime committed
before the ship entered the territorial
sea, if the ship, proceeding from a
foreign port, is only passing through the
territorial sea without entering internal
waters.

B. Civil jurisdiction in relation to

foreign ships
1. The coastal State should not stop or
divert a foreign ship passing through the
territorial sea for the purpose of
exercising civil jurisdiction in relation to
a person on board the ship.

2. The coastal State may not levy

execution against or arrest the ship for
the purpose of any civil proceedings,
save only in respect of obligations or
liabilities assumed or incurred by the
ship itself in the course or for the
purpose of its voyage through the
waters of the coastal State.

3. Paragraph 2 is without prejudice to

the right of the coastal State, in
accordance with its laws, to levy
execution against or to arrest, for the
purpose of any civil proceedings, a
foreign ship lying in the territorial sea, or
passing through the territorial sea after
leaving internal waters.

C. Port State control on operational

requirements
1. A ship when in a port of another
Contracting Government is subject to
control by officers duly authorized by
such Government concerning
operational requirements in respect of
the safety of ships, when there are clear
grounds for believing that the Master or
crew are not familiar with essential
shipboard procedures relating to the
safety of ships.

2. In the circumstances defined in

paragraph 1 of this regulation, the
Contracting Government carrying out
the control shall take such steps as will
ensure that the ship shall not sail until
the situation has been brought to order
in accordance with the requirements of
the present Convention.
3. Procedures relating to the port State
control prescribed in regulation I/19 shall
apply to this regulation.

4. Nothing in the present regulation

shall be construed to limit the rights and
obligations of a Contracting Government
carrying out control over operational
requirements specifically provided for in
the regulations.

D. Control
(a) Every ship when in a port of another
Contracting Government is subject to
control by officers duly authorized by
such Government in so far as this control
is directed towards verifying that the
certificates issued under regulation 12 or
regulation 13 are valid.

(b) Such certificates, if valid, shall be

accepted unless there are clear grounds
for believing that the condition of the
ship or of its equipment does not
correspond substantially with the
particulars of any of the certificates or
that the ship and its equipment are not
in compliance with the regulation.

(c) In the circumstances or where a

certificate has expired or ceased to be
valid, the officer carrying out the control
shall take steps to ensure that the ship
shall not sail until it can proceed to sea
or leave the port for the purpose of
proceeding to the appropriate repair
yard without danger to the ship or
persons on board.

(d) In the event of this control giving

rise to an intervention of any kind, the
officer carrying out the control shall
forthwith inform, in writing, the Consul
or, in his absence, the nearest
diplomatic representative of the State
whose flag the ship is entitled to fly of all
the circumstances in which intervention
was deemed necessary. In addition,
nominated surveyors or recognized
organizations responsible for the issue of
the certificates shall also be notified.

The facts concerning the intervention

shall be reported to the Organization.
(e) The port State authority concerned
shall notify all relevant information
about the ship to the authorities of the
next port of call, in addition to parties
mentioned, if it is unable to take action
as specified or if the ship has been
allowed to proceed to the next port of
call.

(f) When exercising control under this

regulation all possible efforts shall be
made to avoid a ship being unduly
detained or delayed. If a ship is thereby
unduly detained or delayed it shall be
entitled to compensation for any loss or
damage suffered.

FACTS
- that the operation of a ship is governed
by the national laws and regulations of
the flag State, including those laws and
regulations giving effect to international
conventions
- that differences of detail usually exist
in the national laws of different states
implementing the same convention

- that, when serving in a ship flying a

foreign flag, it is essential that the
master and chief mate familiarise
themselves with the laws and
regulations of the flag State
- that, when in port, a ship must also
comply with the appropriate laws and
regulations of the port State

The following header shows how a

Convention is adopted as a National
Law in a state.
In this case the Australian Parliament
has enacted the IBC as a law in
Australia.
*The IBC Code provides an international
standard for the safe carriage by sea of
dangerous and noxious liquid chemicals
in bulk.

Begin Header
DEPARTMENT OF FOREIGN AFFAIRS
CANBERRA
Select Documents on International
Affairs No. 31 Volume II (1983) 2. page
105
Amendments to the International
Convention for the Safety of Life at Sea
of 1 November 1974: International Code
for the Construction and Equipment of
Ships carrying Dangerous Chemicals in
Bulk
(London, 17 June 1983)

Australian Government Publishing

Service
Canberra, Commonwealth of Australia
2000
ADOPTION OF THE INTERNATIONAL
CODE FOR THE CONSTRUCTION AND
EQUIPMENT OF SHIPS CARRYING
DANGEROUS CHEMICALS IN BULK (IBC
CODE)
End Header

In this law the conventions have

been referenced to:
Begin Extract:
THE MERCHANT SHIPPING ACT, 1958
NO.44 OF 1958
[30th October, 1958]

An Act to foster the development and

ensure the efficient maintenance of an
Indian mercantile marine in a manner
best suited to seven the national
interests and for that purpose to
established a National Shipping Board
and a Shipping Development Fund, to
provide for the registration of Indian
ships and generally to amend and
consolidate the law relating to merchant
shipping.

Be it enacted by Parliament in the

Ninth Year of the Republic of India as
follows:PART I
PARAMILITARY
1.Short title and commencement.- (1)
This Act may be called the Merchant
Shipping Act, 1958.
3.Definitions.- In this Act, unless the
context otherwise requires,(3) collision regulations means the
regulations made under section 285 for
the prevention of collisions at sea;

(5) Country to which the Load Line

Convention applies means,(a) a country the Government of which
has been declared or is deemed to have
been declared under section 283 to have
accepted the Load Line Convention and
has not been so declared to have
denounced that Convention;

(b) a country to which it has been so

declared that the Load Line Convention
has been applied under the provisions of
article twenty-one thereof, not being a
country to which it has been so declared
that that Convention has ceased to
apply under the provisions of that
article;

(20) Load Line Convention means the

Convention signed in London on the 5th
day of July, 1930, for promoting safety of
life and property at sea, as amended
from time to time;
(37) Safety Convention means the
Convention for the Safety of Life at Sea
signed in London on the 10th day of June
1949, as amended from time to time;
End of extract

Since most of the coastal states and

most of the landlocked states indulging
in global trading and shipping are
members of the UN, therefore it is also a
case where these countries are also
party to the various conventions that are
set up by the UN as separate bodies.

An International convention once set

up by the UN goes into the specific
matter on which it has to deliberate, and
after coming to a conclusion taking into
account the opinion from the various
member states and the specialists in the
field come out with the final draft which
is presented at the conference.

The member states are represented by

their official representatives and they
put down their countries as having been
witnesses to the final passing of the
conference,
However this is just that the convention
is accepted. The representatives take
the copies of the conventions and the
convention again are scrutinized by the
member stets experts in the field as well
as by legal and financial experts.

Since the adoption could have meant a

variety of expenditure.
Once satisfied about the contents of
the convention the member state,
enacts an act of parliament which may
give reference to the convention or may
publish the entire convention as an act
of parliament.
Thus this convention now becomes the
low of the land in that member state.
The information is passed on to the UN
body and the member state thus ratifies
the convention.

Regarding disagreement on the clauses

to the convention the member state
informs the UN body about its
reservations. If many such reservations
come in then the UN body may ask for
an overall look again in the convention.
Other repealing measures are as stated
below which is set out in the convention
document itself.

A sample of an international
convention: Please read the lines in bold.
Wherein a state is allowed the pleasure
of agreeing to the local unions
requirement which may be contrary to
the convention but would be enhanced
from those of the convention.

Another part refers to the repealing of

the law/ convention by a member state
after a period of 10 years from the date
of ratification.
Begin extract
ILO Convention (No. 180) concerning
Seafarers Hours of Work and the
Manning of Ships (Geneva, 22 October
1996)
THE GENERAL CONFERENCE OF THE
INTERNATIONAL LABOUR
ORGANIZATION,

HAVING BEEN CONVENED at Geneva by

the Governing Body of the International
Labour Office, and having met in its
Eighty-fourth Session on 8 October 1996,
and,
NOTING the provisions of the Merchant
Shipping (Minimum Standards)
Convention, 1976 and the Protocol of
1996 thereto; and the Labour Inspection
(Seafarers) Convention, 1996, and

RECALLING the relevant provisions of

the following instruments of the
International Maritime Organization:
1. International Convention for the
Safety of Life at Sea, 1974, as amended,
2. International Convention on
Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as
amended in 1995,
3. Assembly resolution A481(XII)(1981)
on Principles of Safe Manning,

4. Assembly resolution A741(18)(1993)

on the International Code for the Safe
Operation of Ships and for Pollution
Prevention (International Safety
Management (ISM) Code), and
5. Assembly resolution A772(18)(1993)
on Fatigue Factors in Manning and
Safety, and
RECALLING the entry into force of the
United Nations Convention on the Law of
the Sea, 1982, on 16 November 1994,
and

HAVING DECIDED upon the adoption of

certain proposals with regard to the
revision of the Wages, Hours of Work and
Manning (Sea) Convention (Revised),
1958, and the Wages, Hours of Work and
Manning (Sea) Recommendation, 1958,
which is the second item of the agenda
of the session, and
HAVING DETERMINED that these
proposals shall take the form of an
international Convention;

ADOPTS , this twenty-second day day

of October of the year one thousand
nine hundred and ninety-six, the
following Convention, which may be
cited as the Seafarers Hours of Work
and the Manning of Ships Convention,
1996:
PART I
SCOPE AND DEFINITIONS

Article 1
1. This Convention applies to every
seagoing ship, whether publicly or
privately owned, which is registered in
the territory of any Member for which
the Convention is in force and is
ordinarily engaged in commercial
maritime operations. For the purpose of
this Convention, a ship that is on the
register of two Members is deemed to be
registered in the territory of the Member
whose flag it flies.

Article 4
A Member which ratifies this
Convention acknowledges that the
normal working hours standard for
seafarers, like that for other workers,
shall be based on an eight-hour day with
one day of rest per week and rest on
public holidays. However, this shall
not prevent the Member from
having procedures to authorize or
register a collective agreement
which determines seafarers normal
working hours on a basis no less

6. Nothing in paragraphs 1 and 2

shall prevent the Member from
having national laws or regulations
or a procedure for the competent
authority to authorize or register
collective agreements permitting
exceptions to the limits set out.
Such exceptions shall, as far as
possible, follow the standards set
out but may take account of more
frequent or longer leave periods or
the granting of compensatory leave
for watchkeeping seafarers or

FINAL PROVISIONS
1. This Convention shall be binding only
upon those Members of the International
Labour Organization whose ratifications
have been registered with the DirectorGeneral of the International Labour
Office.
2. This Convention shall come into
force six months after the date on which
the ratifications of five Members, three
of which each have a least one million
gross tonnage of shipping, have been
registered with the Director-General of

3. Thereafter, this Convention shall

come into force for any Member six
months after the date on which its
ratification has been registered.
Article 19
1. A Member which has ratified this
Convention may denounce it after the
expiration of ten years from the date on
which the Convention first comes into
force, by an act communicated to the
Director-General of the International
Labour Office for registration.

Such denunciation shall not take effect

until one year after the date on which it
is registered.
Article 20
1. The Director-General of the
International Labour Office shall notify all
Members of the International Labour
Organization of the registration of all
ratifications and denunciations
communicated by the Members of the
Organization.

2. When the conditions provided for in

Article 18, paragraph 2, above have
been fulfilled, the Director-General shall
draw the attention of the Members of
the Organization to the date upon which
the Convention shall come into force.

Article 21
The Director-General of the
International Labour Office shall
communicate to the Secretary-General
of the United Nations, for registration in
accordance with Article 102 of the
Charter of the United Nations, full
particulars of all ratifications and acts of
denunciation registered by the DirectorGeneral in accordance with the
provisions of the preceding Articles.

Article 23
1. Should the Conference adopt a new
Convention revising this Convention in
whole or in part, then, unless the new
Convention otherwise provides(a) the ratification by a Member of the
new revising Convention shall ipso jure
involve the immediate denunciation of
this Convention, notwithstanding the
provisions of Article 19 above, if and
when the new revising Convention shall
have come into force;

(b) as from the date when the new

revising Convention comes into force,
this Convention shall cease to be open
to ratification by the Members.
2. This Convention shall in any case
remain in force in its actual form and
content for those Members which have
ratified it but have not ratified the
revising Convention.
End extract

Maritime law is for worldwide trade.

Trade is between different states and as
such claims and such are always
prevalent. If no common ground existed
then the dispute would not be sorted out
and the entire amicable trading pattern
would come to a standstill. Thus
conventions among member states are
the pillars on which international trade
stands.
Once a convention has been accepted
it sets guideline at the very minimum
the standards that are to be associated

However a convention is only a

guideline it is not law of the land. To be
so, the member state has to get this
convention enacted as a law in its own
country. Once this is done and the
country trades with another, which has
at its core law, a similar law based on
the same convention, the trading claims
and others proceed smoothly.
It must be remembered however that
the law being the same the penalties
and other fines may not be the same.

Also in addition to the law as per the

convention the state may have other
laws, which may not be similar to other
state laws.
These conventions are all
encompassing and take into view all
suggestions and after clarifying the
same are formulated. Thus the
convention is universally accepted and
thus no misunderstanding in the
implementation occurs. It becomes
easier for member states to trade
knowing that the same convention is

Any jurisdiction over other states

properties are set out in the convention
itself the only differing are the fines
and the penalties which are left to the
individual states discretion

The main organizations involved in

making international laws:
1. United Nations
2. (UN Agency) International Maritime
Organization (IMO)
3. (UN Agency) International Labour
Organization (ILO)
4. (Organization of Maritime Laws)
Comite Maritime International (CMI)

Coastal State Jurisdiction

A. Criminal jurisdiction on board a
foreign ship
1. The criminal jurisdiction of the coastal
State should not be exercised on board a
foreign ship passing through the
territorial sea to arrest any person or to
conduct any investigation in connection
with any crime committed on board the
ship during its passage, save only in the
following cases:

(a) if the consequences of the crime

extend to the coastal State;
(b) if the crime is of a kind to disturb
the peace of the country or the good
order of the territorial sea;
(c) if the assistance of the local
authorities has been requested by the
master of the ship or by a diplomatic
agent or consular officer of the flag
State; or
(d) if such measures are necessary for
the suppression of illicit traffic in
narcotic drugs or psychotropic

2. The above provisions do not affect

the right of the coastal State to take any
steps authorized by its laws for the
purpose of an arrest or investigation on
board a foreign ship passing through
the territorial sea after leaving internal
waters.
3. In the cases provided for in
paragraphs 1 and 2, the coastal State
shall, if the master so requests, notify a
diplomatic agent or consular officer of
the flag State before taking any steps,
and shall facilitate contact between such

In cases of emergency this notification

may be communicated while the
measures are being taken.
4. In considering whether or in what
manner an arrest should be made, the
local authorities shall have due regard to
the interests of navigation.

5. The coastal State may not take any

steps on board a foreign ship passing
through the territorial sea to arrest any
person or to conduct any investigation
in connection with any crime committed
before the ship entered the territorial
sea, if the ship, proceeding from a
foreign port, is only passing through the
territorial sea without entering internal
waters.

B. Civil jurisdiction in relation to foreign

ships
1. The coastal State should not stop or
divert a foreign ship passing through the
territorial sea for the purpose of
exercising civil jurisdiction in relation to
a person on board the ship.

2. The coastal State may not levy

execution against or arrest the ship for
the purpose of any civil proceedings,
save only in respect of obligations or
liabilities assumed or incurred by the
ship itself in the course or for the
purpose of its voyage through the
waters of the coastal State.

3. Paragraph 2 is without prejudice to

the right of the coastal State, in
accordance with its laws, to levy
execution against or to arrest, for the
purpose of any civil proceedings, a
foreign ship lying in the territorial sea, or
passing through the territorial sea after
leaving internal waters.

C. Port State control on operational

requirements
1. A ship when in a port of another
Contracting Government is subject to
control by officers duly authorized by
such Government concerning
operational requirements in respect of
the safety of ships, when there are clear
grounds for believing that the Master or
crew are not familiar with essential
shipboard procedures relating to the
safety of ships.

2. In the circumstances defined in

paragraph 1 of this regulation, the
Contracting Government carrying out
the control shall take such steps as will
ensure that the ship shall not sail until
the situation has been brought to order
in accordance with the requirements of
the present Convention.
3. Procedures relating to the port State
control prescribed in regulation I/19 shall
apply to this regulation.

4. Nothing in the present regulation

shall be construed to limit the rights and
obligations of a Contracting Government
carrying out control over operational
requirements specifically provided for in
the regulations.

D. Control
(a) Every ship when in a port of another
Contracting Government is subject to
control by officers duly authorized by
such Government in so far as this control
is directed towards verifying that the
certificates issued under regulation 12 or
regulation 13 are valid.

(b) Such certificates, if valid, shall be

accepted unless there are clear grounds
for believing that the condition of the
ship or of its equipment does not
correspond substantially with the
particulars of any of the certificates or
that the ship and its equipment are not
in compliance with the regulation.

(c) In the circumstances or where a

certificate has expired or ceased to be
valid, the officer carrying out the control
shall take steps to ensure that the ship
shall not sail until it can proceed to sea
or leave the port for the purpose of
proceeding to the appropriate repair
yard without danger to the ship or
persons on board.

(d) In the event of this control giving

rise to an intervention of any kind, the
officer carrying out the control shall
forthwith inform, in writing, the Consul
or, in his absence, the nearest
diplomatic representative of the State
whose flag the ship is entitled to fly of all
the circumstances in which intervention
was deemed necessary. In addition,
nominated surveyors or recognized
organizations responsible for the issue of
the certificates shall also be notified.

The facts concerning the intervention

shall be reported to the Organization.
(e) The port State authority concerned
shall notify all relevant information
about the ship to the authorities of the
next port of call, in addition to parties
mentioned, if it is unable to take action
as specified or if the ship has been
allowed to proceed to the next port of
call.

(f) When exercising control under this

regulation all possible efforts shall be
made to avoid a ship being unduly
detained or delayed. If a ship is thereby
unduly detained or delayed it shall be
entitled to compensation for any loss or
damage suffered.

FACTS
- that the operation of a ship is governed
by the national laws and regulations of
the flag State, including those laws and
regulations giving effect to international
conventions
- that differences of detail usually exist
in the national laws of different states
implementing the same convention

- that, when serving in a ship flying a

foreign flag, it is essential that the
master and chief mate familiarise
themselves with the laws and
regulations of the flag State
- that, when in port, a ship must also
comply with the appropriate laws and
regulations of the port State

Relevant IMO Conventions

1. International Convention for the
Safety of Life at Sea (SOLAS), 1974
Adoption: 1 November 1974; Entry
into force: 25 May 1980
The SOLAS Convention in its
successive forms is generally regarded
as the most important of all international
treaties concerning the safety of
merchant ships. The first version was
adopted in 1914, in response to the
Titanic disaster, the second in 1929,
the third in 1948, the fourth in 1960 and

The main objective of the SOLAS

Convention is to specify minimum
standards for the construction,
equipment and operation of ships,
compatible with their safety. Flag States
are responsible for ensuring that ships
under their flag comply with its
requirements, and a number of
certificates are prescribed in the
Convention as proof that this has been
done.

Control provisions also allow

Contracting Governments to inspect
ships of other Contracting States if there
are clear grounds for believing that the
ship and its equipment do not
substantially comply with the
requirements of the Convention - this
procedure is known as port State control.
The current SOLAS Convention includes
Articles setting out general obligations,
amendment procedure and so on,
followed by an Annex divided into 12
Chapters.

2. International Convention for the

Prevention of Pollution from Ships
(MARPOL 73/78)
Adoption: 1973 (Convention), 1978
(1978 Protocol), 1997 (Protocol - Annex
VI); Entry into force: 2 October 1983
(Annexes I and II).
MARPOL 73/78 is the main international
convention covering prevention of
pollution of the marine environment by
ships from operational or accidental
causes.

The MARPOL Convention was adopted

on 2 November 1973 at IMO. The
Protocol of 1978 was adopted in
response to a spate of tanker accidents
in 1976-1977. As the 1973 MARPOL
Convention had not yet entered into
force, the 1978 MARPOL Protocol
absorbed the parent Convention. The
combined instrument entered into force
on 2 October 1983. In 1997, a Protocol
was adopted to amend the Convention
and a new Annex VI was added which
entered into force on 19 May 2005.

MARPOL has been updated by

amendments through the years.
The Convention includes regulations
aimed at preventing and minimizing
pollution from ships - both accidental
pollution and that from routine
operations - and currently includes six
technical Annexes. Special Areas with
strict controls on operational discharges
are included in most Annexes.

MARPOL ANNEXES
1. Annex I Regulations for the
Prevention of Pollution by Oil
(entered into force 2 October 1983)
Covers prevention of pollution by oil
from operational measures as well as
from accidental discharges; the 1992
amendments to Annex I made it
mandatory for new oil tankers to have
double hulls and brought in a phase-in
schedule for existing tankers to fit
double hulls, which was subsequently
revised in 2001 and 2003.

2. Annex II Regulations for the Control

of Pollution by Noxious Liquid
Substances in Bulk (entered into force 2
October 1983) details the discharge criteria
and measures for the control of pollution by
noxious liquid substances carried in bulk;
some 250 substances were evaluated and
included in the list appended to the
Convention; the discharge of their residues is
allowed only to reception facilities until certain
concentrations and conditions (which vary
with the category of substances) are complied
with. In any case, no discharge of residues
containing noxious substances is permitted
within 12 miles of the nearest land.

3. Annex III Prevention of Pollution

by Harmful Substances Carried by Sea
in Packaged Form (entered into force
1 July 1992) contains general
requirements for the issuing of detailed
standards on packing, marking, labelling,
documentation, stowage, quantity
limitations, exceptions and notifications.
For the purpose of this Annex, harmful
substances are those substances which
are identified as marine pollutants in the
International Maritime Dangerous Goods
Code (IMDG Code) or which meet the
criteria in the Appendix of Annex III.

4. Annex IV Prevention of Pollution by

Sewage from Ships (entered into force
27 September 2003) contains
requirements to control pollution of the sea by
sewage; the discharge of sewage into the sea
is prohibited, except when the ship has in
operation an approved sewage treatment
plant or when the ship is discharging
comminuted and disinfected sewage using an
approved system at a distance of more than
three nautical miles from the nearest land;
sewage which is not comminuted or
disinfected has to be discharged at a distance
of more than 12 nautical miles from the
nearest land.

In July 2011, IMO adopted the most

recent amendments to MARPOL Annex
IV which are expected to enter into force
on 1 January 2013. The amendments
introduce the Baltic Sea as a special
area under Annex IV and add new
discharge requirements for passenger
ships while in a special area.

5. Annex V Prevention of Pollution by

Garbage from Ships (entered into force
31 December 1988) deals with different
types of garbage and specifies the distances
from land and the manner in which they may
be disposed of; the most important feature of
the Annex is the complete ban imposed on the
disposal into the sea of all forms of plastics.
In July 2011, IMO adopted extensive
amendments to Annex V which are expected
to enter into force on 1 January 2013. The
revised Annex V prohibits the discharge of all
garbage into the sea, except as provided
otherwise, under specific circumstances.

6. Annex VI Prevention of Air Pollution

from Ships (entered into force 19 May
2005) sets limits on sulphur oxide and
nitrogen oxide emissions from ship exhausts
and prohibits deliberate emissions of ozone
depleting substances; designated emission
control areas set more stringent standards for
SOx, NOx and particulate matter.
In 2011, after extensive work and debate,
IMO adopted ground breaking mandatory
technical and operational energy efficiency
measures which will significantly reduce the
amount of greenhouse gas emissions from
ships; these measures were included in Annex
VI and are expected to enter into force on 1

With respect to ships entitled to fly the

flag of a State which is not a Party to the
Convention and the present Protocol, the
Parties to the present Protocol shall
apply the requirements of the
Convention and the present Protocol as
may be necessary to ensure that no
more favourable treatment is given
to such ships.

This means that whether or not a ship

flies the flag of a signatory country or
not, it shall be subject to all the
conditions of as applicable under this
convention. Thus a ship would not be
permitted to enter a signatory countrys
waters in a substandard condition and
give an excuse that her government is
not a signatory, hence she is outside the
jurisdiction of complying with the
conditions of this protocol.

Rules of Convention to Law

Almost everything we do is governed by
some set of rules. There are rules for
games, for social clubs, for sports and
for adults in the workplace. There are
also rules imposed by morality and
custom that play an important role in
telling us what we should and should not
do.
However, some rulesthose made by
the state or the courtsare called
laws.

Laws resemble morality because they

are designed to control or alter our
behaviour. But unlike rules of morality,
laws are enforced by the courts; if you
break a lawwhether you like that law
or notyou may be forced to pay a fine,
pay damages, or go to prison.
Since individuals began to associate with
other peopleto live in societylaws
have been the glue that has kept society
together.

Laws regulating our business affairs help to

ensure that people keep their promises. Laws
against criminal conduct help to safeguard our
personal property and our lives.
Even in a well-ordered society, people have
disagreements and conflicts arise. The law
must provide a way to resolve these disputes
peacefully.
We need law, then, to ensure a safe and
peaceful society in which individuals rights
are respected.
The law is a set of rules for society, designed
to protect basic rights and freedoms, and to
treat everyone fairly.

These rules can be divided into two

basic categories:
1. Public Law
Public law deals with matters that affect
society as a whole. It includes areas of
the law that are known as criminal,
constitutional and administrative law.
These are the laws that deal with the
relationship between the individual and
the state, or among jurisdictions.

2. Private Law
Private law, on the other hand, deals
with the relationships between
individuals in society and is used
primarily to settle private disputes.
Private law deals with such matters as
contracts, the rights and obligations of
family members, and damage to ones
person or property caused by others.
When one individual sues another over
some private dispute, this is a matter for
private law.

Private International Law is the body of

conventions, model laws, legal guides,
and other documents and instruments
that regulate private relationships across
national borders. Private international
law has a dualistic character, balancing
international consensus with domestic
recognition and implementation, as well
as balancing sovereign actions with
those of the private sector.

The law of the land which finally is

enforcer for the conventions ensures
that the law (convention) is enforced by
ensuring that before any certification is
done the ship are surveyed, and after
this only are they certified.
The surveys are as per the code or may
be as per the law of that state however
they cannot fall below the standard as
set out in the convention.

As far as possible these details are to

be inspected and then certified. These
then become as authorized by the
government of that state and are seen
as official documents.
The government agencies (may be
various) are entrusted by the state to
enforce the law/ convention in the
nature of any violation be it by way of
area violation, pollution or by way of
improper certification

Thus for any violation a ship may be

detained for a short period or for long.
May be fined and personnel may be
imprisoned.
The government agencies are also the
keeper of all records since the state has
to submit to the IMO all records
regarding any detention and other cases
of violation, including all dispensations
granted.

From the above it may be observed

that it is of utmost importance to study
the national legislation that has been
adapted in view to the conventions and
also any other rules and regulations that
may have been enacted for maritime
convenience.
Additionally the rules and regulations of
the port state in which the ship arrives
may have a set of different rules and
regulations which the ship would have to
observe.

These set of rules and regulations are

generally passed onto to the ship
through either the pilot or the agent to
the ship. Any notification may also be
available from other sources. It is not
mandatory for the ship to have received
the notice of any extra rules and
regulation through oversight of the
agent or others, if the law has been
published and informed to other places
then it is supposed to have been
informed to the ship.

Thus the ship cannot say that since it

has not received that it would assume it
has not been informed and thus would
fail to comply,
It is the duty of the ship through the
company and the agents to keep abreast
of all new laws and regulations that may
affect the ship and the crew when
arriving into any state to which the port
belongs.