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MARLAW - Week 2 PDF

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Document Details

Lyceum International Maritime Academy

Tags

maritime law international maritime law maritime regulations

Summary

This document provides lecture notes on maritime law, focusing on topics such as introduction, key instruments of international maritime law, and enforcement. The material is for a professional program on maritime law, likely taught by the Lyceum International Maritime Academy.

Full Transcript

Welcome to Lyceum International Maritime Academy (LIMA) MARLAW Maritime Laws Topic 3. Introduction to Maritime Law 1. Introduction International maritime laws are a body of treaties, conventions, codes, and agreements established to regulate activities on the world's seas and oceans. The...

Welcome to Lyceum International Maritime Academy (LIMA) MARLAW Maritime Laws Topic 3. Introduction to Maritime Law 1. Introduction International maritime laws are a body of treaties, conventions, codes, and agreements established to regulate activities on the world's seas and oceans. These laws are developed by international organizations such as the International Maritime Organization (IMO) and are designed to ensure the Video Presentation (196) What are Maritime Zones? Here's a simple explanation! - YouTube Topic 3. Introduction to Maritime Law 2. Key Instruments of International Maritime Law a)Conventions Binding agreements between states that set out specific legal obligations. Examples include the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from Topic 3. Introduction to Maritime Law 2. Key Instruments of International Maritime Law b) Codes Provide detailed guidelines and standards that support the implementation of conventions. Examples include the International Safety Management (ISM) Code, the International Ship and Port Facility Security (ISPS) Code, Topic 3. Introduction to Maritime Law 2. Key Instruments of International Maritime Law c) Agreements Typically bilateral or multilateral agreements between countries that address specific maritime issues, such as fisheries management Topic 3. Introduction to Maritime Law 3. The Role of the International Maritime Organization (IMO) The IMO is the primary specialized agency of the United Nations responsible for the regulation of international shipping. The organization develops and adopts conventions, codes, Topic 3. Introduction to Maritime Law 4. Implementation of Maritime Laws Implementation refers to the process by which international maritime laws are incorporated into national legal frameworks. Member states of the Topic 3. Introduction to Maritime Law 4. Implementation of Maritime Laws a)Ratification Countries must formally ratify international conventions, which signifies their consent to be bound by the terms of the treaty. Upon ratification, the country Topic 3. Introduction to Maritime Law 4. Implementation of Maritime Laws b) National Legislation States must adopt national laws that align with the provisions of international conventions. This may involve drafting new legislation, amending existing laws, or issuing Topic 3. Introduction to Maritime Law 4. Implementation of Maritime Laws c) Flag State Responsibilities Countries that register ships under their flag (flag states) are responsible for ensuring that those vessels comply with international maritime laws. This Topic 3. Introduction to Maritime Law 5. Enforcement of Maritime Laws Enforcement of maritime laws involves the monitoring and ensuring compliance with international regulations by vessels, maritime companies, and port facilities. The primary goal is to Topic 3. Introduction to Maritime Law 5. Enforcement of Maritime Laws Key enforcement mechanisms include: a) Port State Jurisdiction: PSC is the inspection of foreign ships in national ports to verify that the condition of the ship and its equipment complies with Topic 3. Introduction to Maritime Law 5. Enforcement of Maritime Laws Key enforcement mechanisms include: b) Flag State Control Jurisdiction: Flag states are responsible for ensuring that ships flying their flag comply with international standards. This includes Topic 3. Introduction to Maritime Law 5. Enforcement of Maritime Laws Key enforcement mechanisms include: c) Coastal State Jurisdiction: Coastal states have jurisdiction over maritime activities within their territorial waters (up to 12 nautical miles from Topic 3. Introduction to Maritime Law 5. Enforcement of Maritime Laws Key enforcement mechanisms include: d) International Cooperation: Enforcement of maritime laws often requires cooperation between states, particularly in areas beyond national jurisdiction, such as the high seas. Regional Topic 3. Introduction to Maritime Law 6. Challenges in Implementation and Enforcement The implementation and enforcement of international maritime law are essential to ensuring the safety, security, and environmental protection of global maritime Topic 3. Introduction to Maritime Law 6. Challenges in Implementation and Enforcement These challenges stem from various factors, including political, economic, technological, and human elements. Below is a detailed Topic 3. Introduction to Maritime Law 6. Challenges in Implementation and Enforcement a) Varied Implementation: While international conventions set minimum standards, the extent and manner of implementation can vary between states, leading to Topic 3. Introduction to Maritime Law 6. Challenges in Implementation and Enforcement b) Lack of Resources: Some states, particularly developing countries, may lack the resources, infrastructure, or expertise needed to Topic 3. Introduction to Maritime Law 6. Challenges in Implementation and Enforcement c) Compliance and Enforcement Gaps: In some cases, flag states may not rigorously enforce compliance with international standards, leading to the proliferation of substandard ships. "Flags of convenience" Topic 3. Introduction to Maritime Law 6. Challenges in Implementation and Enforcement d) Evolving Threats: The maritime industry faces evolving threats, such as cyber-attacks, piracy, and illegal fishing, which require continuous updates to legal frameworks and Topic 3. Introduction to Maritime Law 7. Role of Non- Governmental Organizations (NGOs) and the Industry NGOs, industry associations, and classification societies play a significant role in supporting the Topic 3. Introduction to Maritime Law 7. Role of Non-Governmental Organizations (NGOs) and the Industry NGOs, industry associations, and classification societies contribute by: a) Providing Expertise: NGOs such as the International Chamber of Shipping (ICS) and the World Wildlife Fund (WWF) Topic 3. Introduction to Maritime Law 7. Role of Non- Governmental Organizations (NGOs) and the Industry b) Certification and Auditing: Classification societies, such as Lloyd’s Register and the American Bureau of Shipping (ABS), conduct surveys and issue certificates verifying Topic 3. Introduction to Maritime Law 7. Role of Non- Governmental Organizations (NGOs) and the Industry Advocacy and Awareness: NGOs and industry groups advocate for stronger regulations, increased transparency, and greater END OF DISCUSSION QUESTIONS?

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