Maritime Law: It’s a legal rules governing Maritime Shipping and relevant activities. Maritime Law does not apply to all. There are three types of navigation that are excluded from the application for maritime law: 1. Public Navigation: War ship; no profits gained from it (Stated by the government that is organized by it and no profit gained from it). Navigation accomplished by ships of war, government yachts, patrol vessels, hospital ships, auxiliary vessel, and supply ships. 2. Judicial immunity: Vessels shall not be subject to seizure or takeover or detention by any legal process. Non-immunity case: 1. In case of collision or other accident of navigation. 2. In case of assistance salvage and general average. 3. In case of repair or supplies contracts 3. Inland navigation: Navigation that takes place within interior waters such as rivers, canals, and lakes. Not governed by Maritime Law, it is ruled by common civil law & commercial law of the country. The combined navigation: 1. (if the trip distance was most of it is in Inland navigation, it will apply the local(country) law nor Maritime law. 2. When a voyage is partly carried out in inland waters (rivers, canals, lakes) and partly at sea. ( 2 definitions) Pick the one you are satisfied with. The law depends on the most important part of the voyage: If the main/essential part of the voyage takes place at sea → maritime law applies to the whole voyage. If the main part of the voyage takes place in inland waters → civil/commercial law applies to the whole voyage. Branches of maritime law: 1. Private law: Definition: Deals with legal relationships between individuals or groups of individuals (e.g., companies, shipowners, cargo owners, renters). • Purpose: To protect private interests. 2. Public law:(with country): Legal relations between the state and the individuals. Definition: Governs the legal relations between the state (administration) and individuals. • Purpose: To protect public and common interests, not just private parties. How public maritime law is enforced through? • Enforcement: Through surveys, inspections, certification, administrative measures, and penal sanctions (fines, imprisonment). Public Maritime Law divided to: 1. Public international maritime law 2. Administrative maritime law 3. Criminal maritime law Public International Maritime Law: • Definition: Governs maritime relations between states at both peacetime and wartime. • Scope: It regulates rights, duties, and freedoms of states regarding the seas and oceans. Administrative Maritime Law: Definition: regulates the relations between states (administration) and persons/entities working in maritime activities. • It deals with the practical, organizational, and regulatory aspects of how maritime activities are supervised and controlled. Criminal Maritime Law: Definition: crimes and offenses committed in connection with maritime navigation law fT nivism Tentions finteriminal Ex. Piracy, collision & neglect, & illegal fishing. Main sources of the Maritime Law: • Parliament: • Customs: • Jurisprudence: • International maritime conventions: • Standard contracts: Statutory law or Statute Law: Definition: Written law enacted by a legislature (parliament) or other competent authority. Matters of (Covers Key Maritime Matters) • Safety (ship construction, navigation, seaworthiness). • Marine Environment Protection (pollution prevention rules). • Seafarers’ Conditions of Employment (hours of work, rest, welfare). Originators of international conventions: International Maritime Organizations (IMO) International Labour Organizations (ILO) Committee Maritime State jurisdictions: Flag State Jurisdiction: Country is responsible for ships flying its flag, making sure they follow national and international maritime laws. 1. Given the right to sail ships on the high seas 2. The owner should be national 3. Not more 20 years old 4. Not less than 10 tons of weight 5. It assumes jurisdiction over the ship, master, officers, and crew. Coastal State Jurisdiction: Definition 1: The right of a coastal state to exercise authority over foreign vessels within its maritime zones. Definition 2: Coastal country’s right to enforce its laws on foreign ships in its waters, while respecting sovereign immunity of warships. 1. Can exercise their rights and jurisdiction. 2. To prevent any infringement. 3. Coastal state has civil jurisdiction over foreign merchant vessels. vessels must follow the coastal state’s regulations on: • Navigation • Sanitary rules • Fiscal (financial/tax) rules • Technical requirements • Customs controls Regulations must be applied equally to all foreign vessels, without discrimination. 4. When a dispute arises between crew members, coastal state will not assert jurisdiction. 5. When a dispute arises between crew members and non-crew members, the state will assert jurisdiction. 6. As for penal jurisdiction. 7. Foreign merchant ship is inside these internal waters, the coastal state has full legal control over any illegal acts committed on board. 8. Vessel engage in such acts, the coastal State will have the right to self-defense. 9. When a crime or dispute happens only among the crew of a warship, the coastal state stays out. The coastal state only steps in if the crime affects outsiders or threatens security. 10. The coastal state may intervene in crew disputes or crimes on board a foreign ship if the captain or flag state’s consul asks for help. Port State Jurisdiction: Authority to inspect and enforce compliance with international maritime rules on foreign ships that voluntarily enter its ports. Inspect by port state control (PSC) The inspection for purpose of verifying that: 1. Certificates → issued by the flag state (safety, pollution prevention, manning). 2. Crew competence → officers and seafarers hold valid STCW licenses. 3. Ship’s condition → hull, machinery, safety equipment, and pollution systems. 4. Manning & operation → ship is properly staffed and operated safely. 5. Correction of deficiencies → the vessel cannot sail until serious issues are fixed. Chapter 2 What is the different between IMO members & Associate members Member States: of the International Maritime Organization (IMO) are sovereign countries that have full voting rights in the IMO Assembly, Associate Members: are non-sovereign territories that have limited participation and no voting power in the Assembly. 176 Member States 3 Associate Members: Faroe Islands, Hong Kong, and Macao Purpose of the organization are: 1. Ensure Safety at Sea (SOLAS: Safety of Life at Sea) 2. Prevent Marine Pollution (MARPOL: International Convention for the Prevention of Pollution from Ships) 3. Promote International Maritime Law & Standards 4. Facilitate International Trade by Sea 5. Correct Flag State Failures (through Port State Jurisdiction) Extra: The 6 Main IMO Conventions: SOLAS, MARPOL, STCW, LL, COLREGS. International Convention for the Safety of Life at Sea International Convention for the Prevention of Pollution from Ships International Convention on Standards of Training, Certification and Watch-keeping for Seafarers International Convention on Load Lines Convention on the International Regulations for Preventing Collisions at Sea International Convention on Tonnage Measurement of Ships Structure of IMO: MSC → Maritime Safety Committee | Deals with safety at sea (Navigation, firefighting...) MEPC → Marine Environment Protection Committee | control of pollution from ships (Ballast water, greenhouse gases...) LEG → Legal Committee | Covers legal issues, liability, compensation, unlawful acts at sea. FAL → Facilitation Committee | Works on simplifying international maritime traffic (e.g., documents, port formalities). TCC → Technical Cooperation Committee | Assists developing countries with technical support, training, and capacity building. Assembly council MSC MEPC TCC LEG FAL Assembly: Highest governing body of the organization, Consist of all members state, Meets once every 2 years, Responsibilities of the Assembly (IMO): Approving the work programmed Voting the budget Elects the council Review of work Council: Elected by the Assembly every 2 years. The council is the executive organ of IMO, Consists of 40 members, divided into 3 categories; Category(A): 10 states with the largest interest in providing international shipping services. (Japan, China) Category(B): 10 states with the largest interest in international seaborne trade. (India, KSA) Category(C): 20 states with special interests in maritime transport or navigation. (UAE, Kenya) Responsibilities of the Council (IMO): 1. Supervision of IMO’s Work 2. Co-ordinate the activities of the organs 3. Consider the draft work programmed & budget estimates of the Organization 4. Receive reports & proposals of the Committees 5. Performs all the functions of the Assembly, except making recommendations. 6. Enter into agreements 7. Appoint the Secretary-General, subject to the approval of the assembly Committees: Highest technical body of the organization, Consists of all member states, Functions of Maritime Safety Committee (MSC): 1. Consider safety matters within IMO’s scope. 2. Carry out duties assigned by IMO. 3. Submit safety recommendations & guidelines to the Assembly for adoption. The marine Environment Protection Committee (MEPC): Consist of all Member States; 1. Consider matters on prevention and control of ship pollution. 2. Adopt and amend conventions, regulations, and measures to ensure their enforcement. Legal Committee (LEG): Deal with any legal matters within the organization, Consists of all Members state of IMO, Perform any duties assigned by or under any other international instrument Technical Co-Operation Committee (TCC): Handle matters related to implementation of technical cooperation projects Oversee all activities in the technical cooperation field Consists of all Member States. Budget: Amount paid by each member state depends on tonnage of its merchant fleet. Definition of Convention: international agreement on maritime matters, between two or more states in a written form. One or more legal instruments, and governed by international law. Importance of international convention: 1 solve all maritime problems, 2 uniformity of maritime law, 3 saving the time and expenses of operating ships. 4 Safety of Life at Sea (Extra) Conventions procedures: 1 Adopting a convention, 2 Entry into force, 3 Enforcement. 1) 1. A suggestion starts in a committee. 2. The proposal is sent to the Council, and if needed, to the Assembly. 3. If the Council or Assembly authorizes, the committee prepares a draft instrument. 4. Draft convention is reported to the Council and Assembly 5. Invitations sent to IMO Member States, all UN States, and specialized agencies. ( Just getting their experience nor voting .) • All governments have equal voting rights. 6. Before the conference, the draft is sent to governments and organizations for comments. 7. Draft + comments are examined at the conference. Necessary changes made to secure acceptance by all or majority of governments. 8. deposited with the IMO Secretary-General, who then distributes copies to all governments. 9. • Convention opened for signature (usually 12 months). • States that sign may ratify or accept. • States that did not sign may enter later. Entry into force 1. A convention must be formally accepted by individual governments before it can take effect. 2. Each convention sets out specific conditions, that must be met before it enters into force. 3. Certain numbers of states agreed and owned certain percentage of world maritime tonnages 4. A convention usually requires a minimum number of States to accept it. ◦ These States must also represent a certain percentage of the world’s merchant fleet tonnage. Examples: • SOLAS 1974 : Required acceptance by 25 States whose merchant fleets represented not less than 50% of the world’s gross tonnage. • T onnage Measurement Convention 1969: Required acceptance by 25 States whose merchant fleets represented at least 65% of world tonnage. 5. Once the required conditions (number of States + tonnage) are met, the convention enters into force — but only for the States that have accepted it. 6. there is a grace period before entry into force, to allow States to prepare and take the necessary implementation measures. 7. IMO conventions enter into force about 5 years after adoption , due to the time needed for States to ratify and prepare. Type of Acceptances Explicit acceptance: Is when a State must formally and actively approve a convention by sending official letters to IMO Tacit acceptance: Not reject or accept, which means it will enrolled in it. Not rejecting = automatic acceptance = the amendment becomes binding. Enforcement 1. Surveys 2. Inspection 3. Certification 4. Penal sanctions IMO has no powers to enforce conventions Relation between IMO and Specialized agencies of U.N. 1. Relation between International Maritime Organization (IMO) and International Labor Organization (ILO): Ex: Safety for fishermen and fishing vessels Relation between IMO and International Telecommunication Union (ITU): Ex: GMDSS Handbook Relation between IMO and International Civil Aviation Organization (ICAO): Ex: Rescue and Search Relation between IMO and International World Meteorological Organization (WMO): Ex: Weather reports Relation between IMO and International Food and Agriculture Organization (FAO) Ex: Safety for fishermen and fishing vessels, illegal fishing, and protecting the marine environment. Chapter 3 UAE law defining the ship as: What is the dead ship: The operation of a ship: Flag state: Port state: Identification marks of the ships: Stateless: not for anyone, unprotected, anyone can take it. Tonnage Class Port of registry Ship’s registration Ships excepted from registration De-registration of ships Depends on the laws and regulations of the flag state. Vessel is removed from the register when: Lost it’s nationality (change the owner of the ship with someone abroad) It has lost the character of a sea going vessel (exceeding the age of the ship) Lost ship or has been destroyed When ship falls in the hands of the enemy Provisional registration certificate: Chapter 4 Dumping: Any deliberate disposal of wastes or other matter from vessel, aircraft, platforms, or other man-made structures at sea Pollution of the marine Environment: Force Major