International Maritime Law PDF

Introduction of international maritime law What is the maritime law ? It is legal regulations governing maritime shipping and relevant activities Does this law apply to all ships ? There are three types of navigation that are...

Introduction of international maritime law What is the maritime law ? It is legal regulations governing maritime shipping and relevant activities Does this law apply to all ships ? There are three types of navigation that are excluded Public navigation That navigation accomplished by ships of war, government yachts ,patrol vessels, hospital ships Auxiliary vessels, supply ships that owned or operated by the state Navigation is not governed by the rules of maritime law Why ? First : used on governmental and non- commercial service Second : these ships have a judicial immunity Judicial immunity means : shall not be subject to seizure or detention Non- immunity cases Collision or accidents Assistance salvage Repair or supplies contracts Inland navigation That navigation accomplished in interior rivers, canal and lakes It is ruled by the common rules( civil law and commercial law ) Combined navigation Part of voyage is accomplished in inland waters and the other part in the sea What is the law governing this navigation ? So , it is settled that all voyage referring to the criteria of the most important navigation  The branches of the maritime law Private law Public law Private law: Legal relationships between individuals or groups of individuals Public law : Legal relations between the state ( administration ) and individuals Public maritime law is enforced through : Surveys, inspection and certification Penal Administrative  The public maritime law includes the following sub-divisions The public international maritime law : It sets rules for navigation, territorial waters, and capturing ships during peace and war The administrative maritime law : Regulates relations between states and individuals involved in maritime activities and resource exploitation The criminal maritime law : Defines offenses related to maritime navigation Main sources of the maritime law Parliament Customs Jurisprudence International maritime conventions Standard contracts  Statutory law or statute law Is written law, set down by a legislature or by a legislator Is the body of law consisting of written laws adopted by a legislative body The matters Safety Protection of the marine environment Conditions of employment Originators of international conventions - international maritime organization ( IMO ) - international labour organization ( ILO ) - Committee maritime  Flag state jurisdiction Right to approve ships to sail on the high seas A country has a right to set rules for registering ships under it's flag and giving Duty to exercise effective jurisdiction and control over administrative, technical,social Matters Maintaining a register of ships containing information about vessel flying it's flag Jurisdiction over the ship, master, officers and crew Coastal state jurisdiction Prevent ships from violating EEZ laws when entering their waters, following unclose Articles 56 and 73 Exercise jurisdiction over vessel calling at their ports through the port state control Mechanism Have civil jurisdiction over foreign merchant vessel Subject to the coastal state regulations on : Navigation - sanitary - fiscal - technical - customs control The coastal state may assert jurisdiction in certain situations : Disputes between crewmembers: ( whatever their nationality ) the coastal state will Usually not assert jurisdiction Dispute between crewmember and non-crewmember : the state will assert jurisdiction As for penal jurisdiction A coastal state has full authority over crimes on foreign merchant ships in its internal Waters. It can also take action if the ship's captain or the flag states consul requests it Port state jurisdiction The inspection of foreign ships that enter her national ports by port state control ( Psc) officers (inspectors) This inspection aims to verify : Competency of the master and officers on board Condition of the ship and it's equipment compliance with internationaL conventions Compliance of the vessel manning and operation with applicable international law Correction of deficiencies in the implementation of safety rules Verification of the contentS of certificates by the flag state