MARLAW REVIEWER.pdf

MARITIME LAW TOPIC 1: FUNDAMENTALS OF LAW THAT ARE RELATED TO ► Property Law THE DISCUSSION OF MARITIME LAW Salvage and Treasure Recovery: Laws regarding the ►...

MARITIME LAW TOPIC 1: FUNDAMENTALS OF LAW THAT ARE RELATED TO ► Property Law THE DISCUSSION OF MARITIME LAW Salvage and Treasure Recovery: Laws regarding the ► Maritime law, also known as admiralty law, governs rights to compensation for rescuing a ship or its cargo. legal issues on navigable waters. It covers a broad range Wreck and Abandoned Shipwrecks: Determining of matters, from shipping contracts to marine insurance. ownership and rights over shipwrecks. Understanding maritime law involves grasping several fundamental principles of general law that intersect with ► Environmental Law this specialized field: Pollution Control: Regulations to prevent and manage ► Jurisdiction pollution from ships. Territorial Jurisdiction: This determines which nation's Resource Management: Laws concerning the extraction laws apply. Territorial waters usually extend up to 12 of marine resources, such as fishing and undersea mining. nautical miles from a nation's coastline. ► Commercial Law Subject Matter Jurisdiction: This defines whether a case falls under admiralty jurisdiction. Typically, it includes Carriage of Goods by Sea: Legal framework governing cases involving shipping, navigation, waters, and related the transportation of goods over water. commercial activities. Trade Practices: International regulations affecting ► International Conventions and Treaties maritime trade, including tariffs, duties, and customs. UNCLOS (United Nations Convention on the Law of the ► Dispute Resolution Sea): Establishes guidelines for businesses, the Arbitration: Often preferred for resolving maritime environment, and the management of marine natural disputes due to its confidentiality and specialized resources. arbitrators. SOLAS (Safety of Life at Sea): Sets safety standards for Litigation: Involves courts with admiralty jurisdiction, ships and crews. like the Admiralty Courts in the UK or federal courts in the MARPOL (Marine Pollution): Aims to prevent pollution U.S. from ships. ► Labor Law ► Contract Law Seafarers’ Rights: Regulations ensuring the welfare, Charter Parties: Contracts for the hire of an entire ship working conditions, and compensation of maritime or a part of its cargo space. workers. Bills of Lading: Documents acknowledging receipt of ► Public International Law cargo for shipment and the contract terms for its Freedom of Navigation: Principles allowing ships to transport. navigate freely in international waters. Marine Insurance Contracts: Agreements providing Piracy Laws: International regulations to combat piracy coverage against maritime risks. and maritime crime. ► Tort Law Importance of Ship Officers Being Familiar with and Negligence: The failure to exercise the care that a Updated on International Maritime Laws and reasonably prudent person would exercise in like Regulations circumstances. Ensuring Compliance and Avoiding Penalties Personal Injury Claims: Often involve maritime workers ► Regulatory Adherence: Ship officers must ensure that and are covered under specific laws like the Jones Act in their vessels comply with international maritime laws and the U.S. regulations, such as those set by the International Maritime Organization (IMO). Non-compliance can result in hefty fines, detention of ships, and other penalties.  MARITIME LAW ► Preventing Legal Issues: By understanding and staying opportunities, such as promotions to higher ranks or roles updated on regulations, ship officers can avoid legal in maritime law enforcement and consultancy. disputes that may arise from non-compliance, thereby Foundational Understanding of Key Maritime Legal safeguarding the vessel's operations and the company’s Concepts and Frameworks reputation. ► International Maritime Organization (IMO) Enhancing Safety and Security Role and Conventions: The IMO is a specialized agency ► Crew and Vessel Safety: International maritime laws, of the United Nations responsible for regulating shipping. such as the Safety of Life at Sea (SOLAS) convention, set Key conventions include SOLAS (safety standards), standards for the safety of ships and their crew. MARPOL (pollution prevention), and STCW (training and Familiarity with these regulations helps ship officers certification of seafarers). maintain high safety standards, reducing the risk of accidents and incidents at sea. LAW OF THE SEA ► Security Measures: Regulations like the International UNCLOS: Ship and Port Facility Security (ISPS) Code require ship officers to implement security measures to protect The United Nations Convention on the Law of the Sea against maritime threats, such as piracy and terrorism (UNCLOS) outlines the rights and responsibilities of nations concerning the use of the world's oceans, Environmental Protection including territorial waters, exclusive economic zones (EEZ), and the high seas. ► Pollution Prevention: Laws like the International Convention for the Prevention of Pollution from Ships MARITIME CONTRACTS (MARPOL) mandate practices to prevent marine pollution. Ship officers must be aware of these regulations to Bills of Lading: Legal documents between the shipper minimize environmental impact and avoid penalties for and carrier detailing the type, quantity, and destination of violations. the goods being carried. ► Sustainable Practices: Understanding environmental Charter Parties: Contracts in which a shipowner agrees regulations promotes the adoption of sustainable to rent out a vessel or part of it to a charterer for a practices, contributing to the global effort to protect specific voyage or period. marine ecosystems. Salvage Agreements: Contracts governing the salvage Efficient Operations operations to recover a ship or its cargo after a maritime incident. Operational Efficiency: Knowledge of legal requirements can streamline ship operations by ensuring LIABILITY AND INSURANCE that all activities are within legal parameters, thereby Liability Principles: Legal principles determining the avoiding disruptions caused by regulatory inspections and responsibility of shipowners, operators, and other parties detentions. in maritime incidents. Smooth Port State Control: Being well-versed in Marine Insurance: Covers the loss or damage of ships, international laws helps in passing port state control cargo, terminals, and any transport by which property is inspections smoothly, reducing delays and financial transferred, acquired, or held between the points of losses. origin and final destination. Professional Competence and Career Growth ENVIRONMENTAL LAWS Skill Development: Staying updated on maritime laws ► MARPOL: International Convention for the Prevention enhances the professional competence of ship officers, of Pollution from Ships, which includes regulations aimed making them valuable assets to their employers. at preventing and minimizing pollution from ships. Career Advancement: A solid understanding of ► Ballast Water Management: Regulations to control the maritime laws can lead to career advancement transfer of potentially invasive species through ballast water.  MARITIME LAW DISPUTE RESOLUTION Legal Obligations: Flag states are required to maintain a registry of their vessels and ensure that ships flying their ►Arbitration and Litigation: Methods for resolving flag meet the legal and administrative requirements set disputes in the maritime industry. Arbitration involves a forth in UNCLOS III. neutral third party making a binding decision, while litigation involves legal proceedings in court  Coastal States TOPIC 2: INTRODUCTION TO MARITIME LAW Coastal states have sovereignty and jurisdiction over their territorial seas and certain rights in adjacent areas, MARITIME including the exclusive economic zone (EEZ) and the  - means related or bordering on the sea. continental shelf:  - from Latin word MARINUS (“of the sea”). Territorial Sea: Extends up to 12 nautical miles from the baseline (usually the low-water line along the coast). LAW Within this area, the coastal state exercises full  The system of rules which a particular country sovereignty, similar to its land territory, but foreign ships recognizes as regulating the actions of its have the right of innocent passage. members which it may enforce by the imposition LAW OF THE SEA: LEGAL DIVISIONS AND COASTAL of penalties. STATES RIGHT OVERVIEW OF UNCLOS III  The United Nations Convention on the Law of the Sea (UNCLOS III) is an international agreement that establishes a legal framework for all marine and maritime activities. It was signed in 1982 and came into force in 1994. UNCLOS III defines the rights and responsibilities of nations with respect to their use of the world's oceans, promoting the peaceful use of the seas, equitable and efficient utilization of resources, and the conservation of marine environments. ROLES AND JURISDICTIONS UNDER UNCLOS III  Flag States A flag state is the country in which a ship is registered and whose flag the ship flies. Under UNCLOS III, flag states Exclusive Economic Zone (EEZ): Extends up to 200 have various responsibilities and jurisdiction over their nautical miles from the baseline. Within the EEZ, the vessels: coastal state has sovereign rights for the purpose of Jurisdiction: Flag states have exclusive jurisdiction over exploring, exploiting, conserving, and managing natural their vessels on the high seas. This means they are resources (both living and non-living) of the waters, responsible for ensuring that ships under their registry seabed, and subsoil. The coastal state also has jurisdiction comply with international laws and standards, including over artificial islands, installations, and marine scientific those related to safety, environmental protection, and research. labor conditions. Regulation and Enforcement: Flag states must enforce Continental Shelf: Extends to the outer edge of the regulations concerning ship construction, equipment, and continental margin or 200 nautical miles from the seaworthiness. They are also responsible for ensuring that baseline, whichever is greater. Coastal states have crew members are qualified and that ships adhere to exclusive rights to explore and exploit the natural international standards, such as those set by the resources of the seabed and subsoil, including minerals International Maritime Organization (IMO). and hydrocarbons.  MARITIME LAW maintaining a registry of ships and ensuring that each vessel meets national and international standards. Ensuring Compliance: Flag states must ensure that ships flying their flag comply with international maritime conventions, such as the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from Ships (MARPOL), and the Maritime Labour Convention (MLC). This involves regular inspections, certification, and surveys of vessels. Implementation and Verification: Inspections and Surveys: Regular inspections and surveys are conducted to ensure that ships comply with safety, environmental, and labor standards. These inspections  PORT STATES are typically carried out by recognized organizations (classification societies) authorized by the flag state. Port states have authority over foreign vessels that enter their ports or offshore terminals: Issuance of Certificates: Flag states issue various certificates to ships, such as the International Oil Pollution Port State Control (PSC): Port states can inspect foreign Prevention Certificate (IOPP), Safety Management ships to ensure they comply with international Certificate (SMC), and International Ship Security conventions, including safety, environmental, and labor Certificate (ISSC). These certificates verify compliance standards. This process is known as port state control. with international conventions. Port State Control (PSC) Enforcement and Penalties: Flag states have the authority Enforcement: If a vessel is found to be in violation of to enforce laws and regulations on their vessels. They can international regulations, port states have the authority impose penalties, detain ships, or withdraw certificates if to detain the ship until the deficiencies are rectified. This vessels do not comply with the required standards. serves as a mechanism to enforce international maritime  Coastal States laws and standards.  Jurisdiction and Responsibilities: Jurisdiction: While the primary jurisdiction over a vessel rests with the flag state, port states can exercise Territorial Sea (up to 12 nautical miles): Coastal states jurisdiction over matters that occur within their territorial have full sovereignty over their territorial sea, similar to waters or ports, especially if those matters affect the their land territory. They can regulate navigation, fishing, safety, security, and environmental integrity of the port and resource exploitation, and enforce laws regarding state. pollution and safety. SPECIFIC JURISDICTIONS AND ROLES IN IMPLEMENTING Exclusive Economic Zone (EEZ) (up to 200 nautical miles): INTERNATIONAL MARITIME CONVENTIONS Within the EEZ, coastal states have sovereign rights for exploring, exploiting, conserving, and managing natural  Flag States resources. They also have jurisdiction over marine Jurisdiction and Responsibilities: scientific research, the establishment and use of artificial islands, and environmental protection. Exclusive Jurisdiction on the High Seas: Flag states have exclusive jurisdiction over their vessels on the high seas. Continental Shelf: Coastal states have exclusive rights to This means that the laws of the flag state apply to its explore and exploit the natural resources of the seabed vessels, irrespective of their location, except when in the and subsoil of the continental shelf, which may extend territorial waters of another state. beyond 200 nautical miles from the baseline. Regulatory and Administrative Duties: Flag states are  Port States responsible for the registration of ships, which entails  Jurisdiction and Responsibilities:  MARITIME LAW Port State Control (PSC): Port states have the authority to Ensure compliance with conventions like SOLAS, inspect foreign ships in their ports to ensure compliance MARPOL, and others. with international maritime conventions. This inspection Conduct inspections, surveys, and certifications. regime is known as port state control. Maintain safety, environmental, and labor standards. Inspection of Vessels: Port states can inspect a ship's certificates, equipment, and crew conditions to ensure Verification: compliance with conventions like SOLAS, MARPOL, and MLC. Issue documents and certificates of compliance. Detention and Enforcement: If a vessel is found to be Participate in audits and reviews by international bodies non-compliant, port states can detain the ship until (e.g., IMO). deficiencies are corrected. They can also deny entry or COASTAL STATE JURISDICTION expel ships that pose a threat to safety, security, or the environment. Responsibilities:  Implementation and Verification: Enforce maritime laws within their territorial waters and EEZ. Inspections and Audits: Port states conduct regular inspections and audits of foreign ships to verify Manage and protect marine resources. compliance with international standards. These Monitor and control marine pollution. inspections often focus on safety, pollution prevention, and labor conditions. Verification: Coordination with Flag States: Port states often Conduct surveillance and inspections within their coordinate with flag states to report deficiencies and maritime zones. ensure corrective actions are taken. This collaboration Collaborate with international organizations for helps enhance compliance and enforcement of compliance verification. international conventions. PORT STATE JURISDICTION Detention and Penalties: Port states can detain ships that do not meet international standards until necessary Responsibilities: corrections are made. They can also impose fines and Inspect foreign vessels entering their ports to ensure other penalties for non-compliance. compliance with international maritime laws. TOPIC 3: The implementation or enforcement of international maritime laws such as conventions, codes, Enforce conventions related to safety, environmental or agreements protection, and labor conditions. "The implementation or enforcement of international Verification: maritime laws such as conventions, codes, or Conduct Port State Control (PSC) inspections. agreements." Detain or restrict non-compliant vessels. ► This highlights the importance of understanding how different jurisdictions under UNCLOS III interact with and Refuse port entry to vessels failing to meet standards. enforce international maritime laws, including ► Implementation and Enforcement Mechanisms conventions, codes, and agreements. Each jurisdiction— flag state, coastal state, and port state—plays a unique Conventions and Codes: role in this process. UNCLOS: Provides the framework for jurisdictional FLAG STATE JURISDICTION responsibilities and enforcement mechanisms. Responsibilities: SOLAS: Ensures safety of life at sea. Enforce international maritime laws on vessels flying MARPOL: Prevents pollution from ships. their flag.  MARITIME LAW STCW: Sets standards for training, certification, and ►How Does It Work? watchkeeping of seafarers. ►When a ship enters the port of a country that has Agreements: agreed to follow MARPOL rules, it must comply with those rules, no matter which country's flag it is flying. This Bilateral or regional agreements can enhance means: cooperation between states for enforcement and compliance. 1. Uniform Inspections: Port authorities check the ship for compliance with international regulations. International organizations like the IMO facilitate the development and implementation of these agreements. 2. No Loopholes: Ships from non-signatory countries can't escape these rules just because their home country didn't NO MORE FAVORABLE TREATMENT CLAUSE: AN sign the agreement. OVERVIEW 3. Fair Competition: All ships, from any country, must ► Legal Framework meet the same standards, ensuring fair competition and ► The No More Favorable Treatment (NMFT) Clause is a better environmental protection. fundamental principle in international maritime law, REAL-WORLD EXAMPLES primarily embedded within the context of the International Convention for the Prevention of Pollution Port Inspections: from Ships (MARPOL). The clause is designed to ensure 1. A ship from a country that hasn't signed MARPOL that all ships, regardless of their flag state, are subject to arrives at a port in a country that has. the same environmental standards and regulations when they enter the ports or coastal waters of a signatory state. 2. The port officials inspect the ship to ensure it meets MARPOL standards. UNDERSTANDING THE NO MORE FAVORABLE TREATMENT CLAUSE IN SIMPLE TERMS 3. If the ship doesn't comply, it must fix the issues before it can leave. ►What is the No More Favorable Treatment (NMFT) Clause? Ballast Water Management: ►The No More Favorable Treatment Clause is a rule in 1. Ships use ballast water to stabilize themselves. This international maritime law that ensures all ships, water can carry invasive species to new locations. regardless of which country they come from, must follow the same environmental and safety standards when they 2. A country that follows MARPOL standards checks all visit a country's ports or coastal waters. This rule is ships' ballast water practices, even if the ship is from a especially important in conventions like MARPOL, which non-signatory country. aims to prevent pollution from ships. 3. This prevents environmental harm by stopping the Why is it Important? spread of invasive species. ► Imagine you have a neighborhood with a rule that ►Key Points of the NMFT Clause: everyone must recycle their trash. If one family doesn't 1. Uniform Application: Ships flying the flag of non- follow this rule, it can lead to a messy and polluted signatory states receive no more favorable treatment neighborhood. The NMFT Clause ensures that every than those from signatory states. family, even if they are just visiting, must follow the same recycling rule to keep the neighborhood clean and fair for 2. Avoiding Competitive Disadvantages: It prevents non- everyone. signatory state ships from having a competitive advantage by avoiding stricter regulations. ► In the world of shipping, the NMFT Clause makes sure that all ships, whether from countries that have signed 3. Enforcement: Signatory states are obliged to enforce certain international agreements or not, must meet the MARPOL standards on all vessels in their waters, creating same standards. This prevents some ships from getting an a level playing field. unfair advantage by ignoring important safety and environmental rules.  MARITIME LAW ►Role in International Maritime Law ► Case Study: ►The NMFT Clause plays a crucial role in maintaining Detention of the MT New Diamond (2020) global environmental standards, ensuring that the efforts Background: The MT New Diamond, a very large crude of signatory states to reduce pollution and enhance safety carrier (VLCC) registered under a non-signatory flag, are not undermined by non-signatory states. It promotes caught fire off the coast of Sri Lanka. uniform compliance and supports the broader goals of international conventions like MARPOL Challenge: Sri Lankan authorities, as signatories to MARPOL, had to ensure the vessel's compliance with ► Examples of NMFT Clause in Action environmental and safety regulations. Port State Control Inspections: Outcome: The NMFT Clause enabled Sri Lankan 1. Scenario: A ship registered under a non-signatory flag authorities to hold the ship to the same standards as enters a port of a signatory state. those of signatory states, resulting in measures to mitigate environmental impact and ensure safety. 2.Application: The port state control officers board the vessel and conduct inspections based on MARPOL CHALLENGES AND OUTCOMES standards, regardless of the ship's flag state. Challenges: 3.Outcome: Any deficiencies must be rectified before the Jurisdictional Conflicts: Ensuring enforcement without ship is allowed to depart, ensuring compliance with infringing on the sovereignty of non-signatory states. international regulations. Resource Constraints: Signatory states often face ►Ballast Water Management: limitations in resources and personnel for comprehensive Scenario: A vessel from a non-signatory state arrives at enforcement. a port of a signatory state. Compliance Costs: Ship operators from non-signatory Application: The port authority checks the vessel's states may face higher costs to meet international ballast water management practices in accordance with standards, leading to resistance. the Ballast Water Management Convention, which OUTCOMES: includes MARPOL provisions. Enhanced Compliance: The NMFT Clause has led to Outcome: The vessel must demonstrate compliance higher compliance rates with international maritime with the relevant environmental standards to prevent the regulations. spread of invasive species, even if its flag state is not a party to the convention. Global Standards: It has contributed to the establishment of global standards for marine CASE STUDIES environmental protection and safety. 1. Case Study: MV Prestige Oil Spill (2002) 1. Background: Deterrence: The clause acts as a deterrent for non- The MV Prestige, a Greek-operated ship under a compliance, encouraging more states to become Bahamian flag, suffered a catastrophic hull failure off the signatories to conventions like MARPOL. coast of Spain, leading to a massive oil spill. Conclusion 2. Challenge: The ship was not compliant with certain MARPOL regulations, and Spain, as a signatory, had to ►The No More Favorable Treatment Clause is a enforce these standards. cornerstone of international maritime law, ensuring that environmental and safety standards are applied uniformly 3. Outcome: The incident led to stricter enforcement of across the global maritime industry. Through its rigorous the NMFT Clause, highlighting the importance of applying enforcement, it upholds the integrity of international international standards uniformly to prevent conventions and promotes a safer, cleaner marine environmental disasters environment.  MARITIME LAW TOPIC 4: UNCLOS ► Enforcement Jurisdiction: Coastal states have the right to enforce laws concerning customs, immigration, UNCLOS III sanitary, and fiscal matters within the contiguous zone. ►The United Nations Convention on the Law of the Sea This is to prevent and punish infringement of these laws (UNCLOS III) establishes five distinct maritime zones, each within its territory or territorial sea. with specific legal regimes governing the powers of ►Rights and Responsibilities of Ships: coastal states and the rights and responsibilities of ships. These zones are the Territorial Sea, the Contiguous Zone, Ships passing through the contiguous zone must comply the Exclusive Economic Zone (EEZ), the Continental Shelf, with the regulations and laws of the coastal state and the High Seas. regarding the aforementioned matters. ► TERRITORIAL SEA ► EEZ (EXCLUSIVE ECONOMIC ZONE) ► Definition: Extends up to 12 nautical miles (nm) from Definition: Extends up to 200 nm from the baseline. the baseline (usually the low-water mark along the coast). ► Powers of Coastal States: ► Powers of Coastal States: ► Sovereign Rights: Coastal states have sovereign rights ► Sovereignty: Coastal states exercise full sovereignty for the purpose of exploring, exploiting, conserving, and over the territorial sea, similar to their sovereignty over managing natural resources (both living and non-living) of land territory. the waters, seabed, and subsoil. ► Jurisdiction: This includes jurisdiction over the ► Jurisdiction: Includes jurisdiction over the airspace above, the seabed, and subsoil. establishment and use of artificial islands, marine scientific research, and the protection and preservation of ► Regulation and Enforcement: Coastal states can the marine environment. regulate navigation, resource exploitation, environmental protection, and customs, immigration, and sanitation laws ► Economic Activities: Rights to activities such as energy within this zone. production from water and wind. ► Rights and Responsibilities of Ships: ►Rights and Responsibilities of Ships: Innocent Passage: Foreign ships enjoy the right of Freedom of Navigation and Overflight: All states enjoy innocent passage through the territorial sea. This passage freedom of navigation and overflight, as well as the laying must be continuous and expeditious, not prejudicial to of submarine cables and pipelines. the peace, good order, or security of the coastal state. Respect for Laws: Ships must respect the regulations of Non-Innocent Passage: Coastal states can suspend the coastal state regarding resource management and innocent passage if it is deemed to be prejudicial to its environmental protection. interests. ► CONTINENTAL SHELF ► Extent: Extends up to 200 nautical miles from the baseline, or beyond if the continental margin extends further, but not more than 350 nautical miles from the baseline or 100 nautical miles from the 2,500-meter isobath (a line connecting depths of 2,500 meters). ► Powers of Coastal States: Exclusive Rights: Coastal states have exclusive rights to explore and exploit natural resources of the seabed and ►CONTIGUOUS ZONE subsoil. ► Definition: Extends beyond the territorial sea up to 24 Sovereign Rights: Coastal states exercise sovereign nm from the baseline. rights for the purpose of exploring and exploiting natural resources, including mineral and other non-living ► Powers of Coastal States:  MARITIME LAW resources, as well as living organisms belonging to these waters. Coastal states exercise full sovereignty in sedentary species. the territorial sea, have limited control in the contiguous zone, have specific rights in the EEZ and continental shelf, ► Rights and Responsibilities of Ships: and share the high seas with all other states under Freedom of Navigation: Ships of all states have the international law. Ships must comply with the regulations freedom of navigation over the continental shelf. of coastal states in the respective zones while enjoying certain freedoms, particularly in the high seas. Non-Interference: Ships must not infringe on the coastal state's rights to the resources of the continental TOPIC 5: LOADLINE 1966 shelf and must comply with relevant international ► The International Convention on Load Lines (LLC) 1966, regulations. as amended, establishes the rules to ensure a ship has In maritime law, SOVEREIGN RIGHTS refer to the exclusive sufficient freeboard and thus sufficient reserve buoyancy. rights and jurisdiction that a state exercises over its These provisions are crucial for the safety of ships and territorial waters and certain areas beyond. These rights their crew. Articles 10 through 16 outline specific allow a state to govern, regulate, and exploit marine responsibilities for the Master and crew, as well as the resources within specified maritime zones. obligations of contracting governments regarding the enforcement of these rules. ► HIGH SEAS Article 10: Information to be Supplied to the Master ► The high seas refer to all parts of the sea that are not included in the exclusive economic zone (EEZ), the ► Responsibilities of the Master and Crew: territorial sea, or the internal waters of a state. Master: Essentially, the high seas are international waters that lie beyond the jurisdiction of any single nation. Ensure receipt of all necessary information from the shipowner or operator to comply with the Load Line ► Extent: The high seas begin beyond the 200 nautical Convention. This includes the vessel’s loading manual, mile limit of the EEZ of coastal states. stability information, and loading condition data. ► Powers of Coastal States: Familiarize themselves with this information and ensure No Sovereignty: No coastal state has sovereignty over that it is followed during the ship's operations. the high seas. Crew: International Regulation: Certain activities, such as Assist the Master in adhering to the provided information fishing, pollution control, and maritime safety, are and ensure that the ship is loaded and operated within regulated internationally. the specified parameters. ► Rights and Responsibilities of Ships: Article 11: Maintenance of Conditions After Survey Freedom of the High Seas: Ships of all states enjoy ► Responsibilities of the Master and Crew: freedom of navigation, overflight, the laying of submarine cables and pipelines, and other internationally lawful uses Master: of the sea. Maintain the ship in the condition it was in during the last Compliance with International Law: Ships must comply survey, ensuring compliance with the conditions with international regulations regarding safety, stipulated for the Load Line Certificate. environmental protection, and resource conservation. Report any alterations affecting the ship's freeboard or Flag State Jurisdiction: Ships must be registered in a load line marks to the relevant authority before the ship state and are subject to the jurisdiction of that state. continues its voyage. ►SUMMARY Crew: The different maritime zones under UNCLOS III delineate Regularly monitor the integrity of hull openings, and the extent of coastal state sovereignty and jurisdiction, as ensure watertight doors and equipment are properly well as the rights and responsibilities of ships navigating maintained and operational.  MARITIME LAW Inform the Master of any issues or deviations from the Crew: required conditions. Ensure compliance with the load line requirements to Article 12: Controls avoid detentions or penalties in foreign ports. ► Responsibilities of the Master and Crew: Article 15: Privileges Master: ► Responsibilities of the Master and Crew: Ensure that the load line marks are visible and correctly Master: maintained. Enjoy the privileges accorded by the certificate, such as Prevent the ship from being loaded beyond its assigned exemptions from certain inspections or controls in foreign freeboard. ports, provided the ship is in compliance. Facilitate inspections by port and flag state authorities to Crew: verify compliance with load line requirements. Maintain the ship’s compliance to retain these privileges Crew: and ensure smooth operations. Assist in maintaining the visibility and correctness of load Article 16: Special Requirements for Ships Assigned line marks. Timber Freeboards Monitor loading operations to ensure the ship is not ► Responsibilities of the Master and Crew: overloaded. Master: Article 13: Load Line Certificate Ensure compliance with specific stability and construction ► Responsibilities of the Master and Crew: requirements for ships assigned timber freeboards, especially when loading timber cargo. Master: Crew: Ensure that a valid Load Line Certificate is kept on board at all times. Follow special stowage and securing procedures for timber to maintain the vessel’s stability and Present the certificate for inspection whenever required seaworthiness. by port authorities. Assist the Master in ensuring all timber-specific Adhere to the terms and conditions specified in the requirements are met. certificate, ensuring the ship is not loaded beyond its limitations. ► In summary, the Master and crew have critical roles in ensuring compliance with the Load Line Convention. They Crew: must maintain the vessel according to survey conditions, Support the Master in complying with the certificate’s ensure proper documentation is in place, adhere to conditions and facilitate inspections. loading restrictions, and facilitate inspections. These collective responsibilities are vital for the safety and legal Article 14: Acceptance of Certificates operation of the ship. ► Responsibilities of the Master and Crew: The International Convention on Load Lines (LLC) 1966 is Master: a critical maritime safety treaty that aims to ensure the structural integrity and stability of ships by establishing Be aware that the Load Line Certificate issued by one minimum freeboard requirements. Here is an overview of contracting government is recognized by other the general and technical knowledge, survey processes, contracting governments, ensuring smooth international and certification, documentation, and control provisions operations and port state controls. under the LLC 1966. ► a. General Knowledge ► Purpose and Scope:  MARITIME LAW The LLC 1966 sets international regulations on the minimum freeboard of ships to ensure sufficient reserve buoyancy and structural integrity. The Convention applies to all ships engaged in international voyages, excluding warships, fishing vessels, and pleasure yachts not engaged in trade. ► Key Concepts: Freeboard: The distance from the waterline to the upper deck level, measured at the middle of the ship. Load Line: A mark on a ship’s side indicating the maximum depth to which it can be safely loaded. ► c. Surveys under the LL 1966 ► Application: ► Initial Survey: The regulations apply to new and existing ships with Conducted before a ship is put into service to ensure some differences in requirements. compliance with all structural, stability, and load line requirements. Ships are assigned different load lines for different conditions (e.g., summer, winter, tropical) Includes a thorough examination of the ship's hull, machinery, and equipment. ► b. Technical Knowledge ► Renewal Survey: ► Load Line Marks: Conducted at intervals not exceeding five years to Plimsoll Mark: The primary mark showing the ensure ongoing compliance. maximum allowable draft. Similar in scope to the initial survey but also focuses on Load Line Disc: A circle with a horizontal line through it, wear and tear and any modifications. intersected by the deck line. ► Annual Surveys: Seasonal Load Lines: Marks indicating the maximum drafts for different seasons and zones (e.g., Summer, Conducted within three months before or after each Winter, Winter North Atlantic). anniversary date of the Load Line Certificate. ► Structural Requirements: Focuses on ensuring that the ship's structure, equipment, and load line marks are maintained. Ships must be designed and constructed to withstand various loads and stresses. ► Intermediate Surveys: Watertight integrity must be maintained, particularly for Conducted between the second and third anniversaries doors, hatches, and other openings. of the Load Line Certificate. ► Stability Requirements: Includes checks on structural integrity, equipment, and compliance with safety standards. Ships must have sufficient stability to remain upright and stable under different loading conditions. ► d. Certifications, Documentations, and Control Provisions Stability information and calculations must be provided to the Master to ensure safe loading and operation. ► Load Line Certificate: Issued after successful completion of an initial or renewal survey. Specifies the load line marks, the ship’s maximum allowable draft, and conditions of assignment.  MARITIME LAW ► Documentation: Ships must carry the Load Line Certificate on board at all times. Stability information, loading manuals, and other relevant documents must also be kept on board and accessible to the Master and crew. ► Control Provisions: Port State Control (PSC) can inspect ships to verify compliance with the LLC 1966. If a ship is found to be non-compliant (e.g., overloaded or with non-visible load line marks), it can be detained until the issues are resolved. Contracting governments must recognize Load Line Certificates issued by other contracting governments. ► Penalties and Detentions: Ships found violating the load line regulations may face penalties, fines, or detention until compliance is restored. Continuous non-compliance can lead to more severe sanctions and impact the ship's operational status. ► In summary, the LLC 1966 provides a comprehensive framework for ensuring the safety and seaworthiness of ships through stringent freeboard requirements, detailed surveys, and robust certification and control mechanisms. Masters and crews must be well-versed in these requirements to maintain compliance and ensure the safe operation of their vessels