MARITIME

LAW
The body of legal rules that
governs ships and
shipping
Maritime law, also known as Admiralty law,
is a body of laws that govern private
maritime questions, disputes, or
offenses and other nautical matters.
It is a body of laws, conventions, and treaties that
govern private maritime business and other nautical
matters, such as shipping or offenses occurring on
open water. International rules governing the use of
the oceans and seas are known as the Law of the Sea.
In most developed nations, maritime law follows a
separate code and is an independent jurisdiction
from national laws. The United Nations (UN),
through the
International Maritime Organization (IMO), has
issued numerous conventions that can be enforced
by the navies and coast guards of countries that
have signed the treaty outlining these rules.
Governs many of the insurance claims
relating to ships and cargo; civil matters
between shipowners, seamen, and
passengers; and piracy. Additionally, it
regulates registration, license, and
inspection procedures for ships and
shipping contracts; maritime insurance;
and the carriage of goods and passengers..
"Liability and compensation."
The IMO (established in 1948 as the Inter-
Governmental Maritime Consultative
Organization, and coming into force in
1958) is responsible for ensuring that
existing international maritime
conventions are kept up to date as well as
developing new agreements as and when
the need arises
Today, there are dozens of conventions regulating
all aspects of maritime commerce and transport.
The IMO names three conventions as its core:

•The International Convention for the Safety of Life

at Sea (SOLAS)
•The International Convention for the Prevention of
Pollution from Ships (MARPOL)
•The International Convention on Standards of
Training, Certification, and Watchkeeping for
Seafarers (STCW)
History of Maritime Law

The origins of maritime law can be traced all the way

back to ancient Egypt. In those days, ships were
used to transport goods and a clearly defined set of
rules was needed to ensure safety and fair trade and
settle disputes between different parties.
However, it wasn’t until much later that the first
written record of formal codes can be found. The
Rhodian Sea Laws, formed between 900 and 300
B.C., set official rules for the Mediterranean Sea.
These laws governed seafaring trade in the area,
influenced the Romans and remained in effect for a
very long time.

The oldest maritime laws on record were reportedly

created on the island of Rhodes, Greece.
European maritime laws gradually evolved over the
following centuries. Key developments that helped
to shape current laws included the Consulate of the
Sea, the Rules of Oléron, and the early English
Admiralty laws, which would later help to shape
the laws of the sea in the U.S.
Maritime law arrived in the U.S. in the 1600s.
However, it wasn’t until 1789 that federal district
courts were given jurisdiction over admiralty law
cases and a uniform body of law was created.
Ship Registration Under Maritime Law

The country of registration determines a ship's

nationality.

For most ships, the national registry is the

country where the owners live and operate their
business.
Some shipowners would register their ships in
countries that allow foreign registration. Called
"flags of convenience," the foreign registration is
useful for tax planning and to take advantage of
lenient local laws. Two examples of "flags of
convenience" countries are Panama and
Bermuda
Four Pillars of International Maritime Law
1. SOLAS (International Convention for the Safety
of Life at Sea)
2. MARPOL (International Convention for the
Prevention of Pollution from Ships)
3. STCW (Standards of Training, Certification and
Watchkeeping for Seafarers)
4. MLC 2006 (Maritime Labour Convention).
Accident prevention on board ship at sea and in port

The designations employed in ILO publications, which

are in conformity with United Nations practice, and the
presentation of material therein do not imply the
expression of any opinion whatsoever on the part of the
International Labour Office concerning the legal status
of any country, area or territory or of its authorities, or
concerning the delimitation of its frontiers.
In accordance with the decision taken by the Governing Body of
the ILO at its 254th Session (November 1992), a Meeting of
Experts was convened in Geneva from 28 September to 5
October 1993 to revise the ILO Code of Practice on Accident
Prevention on Board Ship at Sea and in Port.
The Meeting was composed of 15 experts, five appointed
following consultations with governments, five following
consultations with the Employers' group and five following
consultations with the Workers' group of the Governing Body..
The experts considered that the code of practice
constituted a body of advice which would be of great
value to ILO member States. The code should not be
regarded as a legally binding instrument, and was
not intended to supersede national laws or
regulations or other national safety and health rules.
Its practical recommendations are intended for use by
all those who have responsibility for safety and health
on board ship. Its object is to provide guidance to
shipowners and seafarers and others concerned with
the framing of provisions of this kind in both the
public and private sectors
Maritime law - is a complete system of law, both
public and private, substantive and procedural,
national and international, with its own courts and
jurisdiction, which goes back to Rhodian law of 800
B.C. and pre-dates both the civil and common laws.
Its more modern origins were civilian in nature, as
first seen in the Rôles of Oléron of circa 1190 A.D.
Maritime law was subsequently greatly influenced
and formed by the English Admiralty Court and then
later by the common law itself.
That maritime law is a complete legal system can be
seen from its component parts. For centuries maritime
law has had its own law of contract:

− contract of sale (of ships),

− contract of service (towage), − contract of lease
(chartering),
− contract of carriage (of goods by sea),
− contract of insurance (marine insurance being the
precursor of insurance ashore),
− contract of agency (ship chandlers), −
− contract of agency (ship chandlers),
− contract of pledge (bottomry and
respondentia)
− contract of hire (of masters and seamen),
− contract of compensation for sickness and
personal injury (maintenance and cure) and
− contract of risk distribution (general average).
Maritime law is composed of two main parts -
national maritime statutes and international maritime
conventions,

maritime law - has evolved from various maritime

codes, including Rhodian law (circa 800 B.C.),
Roman law, the Rôles of Oléron (circa 1190), the
Ordonnance de la Marine (1681), all of which were
relied on in Doctors' Commons, the English
Admiralty Court, and the maritime courts of Europe.
This lex maritima, part of the lex mercatoria, or "Law
Merchant" as it was usually called in England, was the
general law applicable in all countries of Western
Europe until the fifteenth century, when the gradual
emergence of nation states caused national differences
to begin creeping into what had been a virtually pan-
European maritime law system.
Today's general maritime law consists of the common
forms, terms, rules, standards and practices of the
maritime shipping industry - standard form bills of
lading, charterparties, marine insurance policies and
sales contracts are good examples of common forms
and the accepted meaning of the terms, as well as the
York/Antwerp Rules on general average and the

Uniform Customs and Practice for Documentary

Credits
Much of this contemporary lex maritima is to be found
in the maritime arbitral awards rendered by arbitral
tribunals around the world by a host of institutional and
ad hoc arbitral bodies.
Features of admiralty law
1. Maintenance and cure.
The doctrine of maintenance and cure is rooted in the
Article VI of the Rolls of Oleron promulgated in about
1160 A.D.
The obligation to "cure" requires a shipowner to provide
medical care, free of charge, to a seaman injured in the
service of the ship, until the seaman has reached
"maximum medical cure"

The obligation to "cure" a seaman includes the obligation

to provide him with medications and medical devices
which improve his ability to function, even if they don't
"improve" his actual condition. They may include long
term treatments that permit him to continue to function
well..
Common examples include prostheses, wheelchairs,
and pain medications.

The obligation of "maintenance" -requires the

shipowner to provide a seaman with his basic living
expenses while he is convalescing. Once a seaman is
able to work, he is expected to maintain himself.
Consequently, a seaman can lose his right to
maintenance, while the obligation to provide cure is
ongoing.
2. Personal injuries to passengers
Shipowners owe a duty of reasonable care to passengers.
Consequently, passengers who are injured aboard ships
may bring suit as if they had been injured ashore through
the negligence of a third party. The passenger bears the
burden of proving that the shipowner was negligent.

While the statute of limitations is generally three years,

suits against cruise lines must usually be brought within
one year because of limitations contained in the
passenger ticket.
3. Maritime liens and mortgages
Banks which loan money to purchase ships, vendors who
supply ships with necessaries like fuel and stores, seamen
who are due wages, and many others have a lien against
the ship to guarantee payment. To enforce the lien, the
ship must be arrested or seized.
4. Salvage and treasure salvage
When property is lost at sea and rescued by another,
the rescuer is entitled to claim a salvage award on the
salved property. There is no "life salvage". All
mariners have a duty to save the lives of others in peril
without expectation of reward. Consequently salvage
law applies only to the saving of property.
There are two types of salvage: contract salvage and
pure salvage, which is sometimes referred to as
"merit salvage". In contract salvage the owner of the
property and salvor enter into a salvage contract prior
to the commencement of salvage operations and the
amount that the salvor is paid is determined by the
contract. The most common salvage contract is called a
"Lloyd's Open Form Salvage Contract“
The Lloyd’s Open Form - “No-Cure-No-
Pay” or Fixed Price Contract
Obtaining assistance: When a ship in
distress and the Master has decided that
assistance is necessary, he should act
promptly to request any available source
using the most expeditious means at his
disposal. When one or more suitable ships
respond to the call for assistance, the Master
should immediately request such ship(s) to
undertake whatever action is necessary.
Lloyd "s Open Form was revised in 1990 to
reflect the 1989 International Conference
on Salvage and the text of the
International Convention on Salvage, 1989.
The Form bears the reference LOF 90.
Although earlier editions of Lloyd "s Open
Form should have been withdrawn, copies
may still exist and be offered and, to avoid
disputes or delays, they should be
accepted.
LOF 90 can be agreed orally or by radio
sending the following message: "ACCEPT
SALVAGE SERVICES ON BASIS LLOYD "S
STANDARD FORM LOF 90 NO CURE NO PAY
ACKNOWLEDGE REPEATING preceding.
MASTER..

Using The Lloyd's Open Form for "No-

Cure-No-Pay" salvage contract
1. The Lloyd's Open Form or "LOF" is the
most widely-used "No-Cure-No-Pay" salvage
contract. In return for salvage services, the
salver receives a proportion of the salved
value (the value of the ship, its cargo and
bunkers).
In the past, if there was no recovery,
there was no payment, whatever the
expense of the operation. However, this
made the salvers shy away from
responding to high risk or low-value
casualties. This resulted in delays in salvage
operation and increased risks of
environmental damage.
(2) To counteract this, presently, there is a
choice of 2 incentives to the salvers. The
first is "Special Compensation," which
becomes payable to the salver when he has
prevented or minimized damage to the
environment. Still, the value of the salved
property is insufficient to provide for a
Alternatively, the salver may choose the
SCOPIC (Special Compensation P&I Club
Clause) [only if he had opted for it in the
LOF]. The main difference between "Special
Compensation" and "SCOPIC" is that in the
former, the award is decided by Arbitration.
In contrast, in SCOPIC, the remuneration is
based on pre-agreed tariff rates. Certain
conditions apply when SCOPIC is used.
3. While actual salvage remuneration is
covered by Property Underwriters
(H&M/Cargo), the Special
Compensation/SCOPIC is covered by the
P&I Club.
4. Usually, the Master will be requested to
sign the L.O.F. on the spot but, in
principle, he shall, conditions permitting,
consult with the Company on whether to
sign this Form or not.

Authority of Master

The Master has complete authority to enter

into any salvage contract where he
considers this necessary for the safety of
life, the ship, her cargo, or the environment.
The authority of the Master is not altered by
engaging salvors. He remains in command
of the ship despite the presence of a salvage
master, and he should ensure that he is fully
aware of the action taken in the rendering of
salvage services. Even though services have
been accepted and assistance is being
rendered, the salvor must cease his services
if requested to do so by the Master.
The Master should, however, cooperate fully
with the salvors, who are experts in salvage
operations, and in so doing exercise due care
to prevent or minimize damage to the
environment. He should take any advice
given by the salvage master or other person
in charge of rendering or advising on salvage
services. The salvors may not be experts in
the safety and handling of cargo or familiar
with the ship. If in doubt about the
advisability of any action suggested by the
salvors, the Master should not hesitate to
challenge the advice given, bearing in mind
his overriding responsibility for the
safety of the ship, its cargo and those on
board.
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Shipping charters
The function of ships, other than warships, pleasure
craft, and service vessels of various types is of course
transportation of cargoes and passengers.
The great majority of the contracts governing the
carriage of goods by water are evidenced either by
charter parties or by bills of lading. The term charter
party (a corruption of the Latin carta partita, or
“divided charter”) is employed to describe three
widely differing types of contracts relating to the use
of vessels owned or controlled by others. Under a
“demise” or “bareboat” charter, the shipowner delivers
possession of the vessel to the charterer
A much more common arrangement is the “time” charter,
whereunder the shipowner employs the master and crew
and the charterer simply acquires the right, within
specified limits, to direct the movements of the vessel
and determine what cargoes are to be carried during the
charter period. Under both demise and time charters, the
charterer pays charter hire for the use of the vessel at a
specified daily or monthly rate.
The third type is the “voyage” charter, which is
essentially a contract of affreightment, or carriage. Most
voyage charters provide for the carriage of full cargoes
on one voyage or a series of voyages, but occasionally a
charterer contracts for the use of only a portion of the
carrying capacity of the vessel, in which case the
governing contract is described as a “space” charter.
Under a voyage charter, it is customary for the master or
his agent to issue a bill of lading to the shipper, who is
usually the charterer, although as between shipowner
and charterer the voyage charter remains the governing
contract of carriage; the bill of lading serves only as a
receipt and as a document of title to the goods

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International conventions

Prior to the mid-1970s, most international

conventions concerning maritime trade and
commerce originated in a private organization of
maritime lawyers known as the Comité Maritime
International (International Maritime Committee
or CMI). Founded in 1897, the CMI was
responsible for the drafting of numerous
international
 including the Hague Rules (International
Convention on Bills of Lading), the Visby
Amendments (amending the Hague Rules), the
Salvage Convention and many others. While the
CMI continues to function in an advisory
capacity, many of its functions have been taken
over by the International Maritime Organization,
which was established by the United Nations in
1958 but did not become truly effective until
about 1974.
The IMO has prepared numerous international
conventions concerning maritime safety including ;

- the International Convention for the Safety of Life at

Sea (SOLAS),
- the Standards for Training, Certification, and
Watchkeeping (STCW),
- the International Regulations for Preventing
Collisions at Sea (Collision Regulations or COLREGS),
- Maritime Pollution Regulations (MARPOL), -
International Aeronautical and Maritime Search
and Rescue Convention (IAMSAR) and others.
- The United Nations Convention on the Law of the
Sea (UNCLOS) defined a treaty regarding
protection of the marine environment and various
maritime boundaries.
 Once adopted, the international conventions are
enforced by the individual
nations which are signatories, either through their local
Coast Guards, or through their courts.
Individual countries
Common law legal systems are opposed to civil law
legal systems, that prevail in Europe and trace back
to old Roman and modern French Law.
Most of the common law countries follow English
statute and case law.
Other countries which do not follow the English
statute and case laws also have established well-
known maritime courts which decide international
cases on a regular basis.
Admiralty courts assume jurisdiction by virtue of
the presence of the vessel in its territorial
jurisdiction irrespective of whether the vessel is
national or not and whether registered or not, and
wherever the residence or domicile or their owners
may be. A vessel is usually arrested by the court to
retain jurisdiction. State-owned vessels are usually
immune from arrest
Common law
- is the body of law created by judges and
similar quasi-judicial tribunals by virtue of
being stated in written opinions. The defining
characteristic of common law is that it arises
as precedent. Common law courts look to
the past decisions of courts to synthesize
the legal principles of past cases.
Civil law - is a legal system originating in
Italy and France and adopted in much of the
world. The civil law system is intellectualized
within the framework of Roman law and
French civil law, and with core principles
codified into a referable system, which serves
as the primary source of law.
Cargo Claims
A claim is a demand in writing for a specific
amount of money that contains sufficient
information to identify the shipment received
by the originating carrier, delivering carrier, or
carrier on whose line the alleged loss, damage,
or delay occurred within the time limits
specified in the B/L contract.
. WHERE CAN I OBTAIN A CLAIM FORM?
Claim forms may be obtained from the delivering
carrier’s website or by calling Capital
Transportation Logistics. However, a specific
form is not required and the claim can be filed in
letter form.
. WHEN DO I FILE A CLAIM?
Claims should be filed promptly once loss or
damage is discovered. Time limit for filing a
claim is 9 months from date of delivery, or in
the event of non-delivery, 9 months after a
reasonable time for delivery has elapsed. If a
claim is not received by the carrier within this
time, payment is barred by law.
. WHO SHOULD FILE A CLAIM?
A claim may be filed by the shipper, consignee, or
the owner of the goods. Be certain to clearly show
the name and complete address of the claimant.
. WITH WHOM SHOULD THE CLAIM
BE FILED?
The claim may be filed with the delivering
carrier
WHAT ARE THE REQUIRED
DOCUMENTS?
A. ORIGINAL INVOICE The original invoice
verifies that the amount of the claim does not
exceed the terms of sale (value of the goods) at
destination, and excludes any prospective profit.
The original invoice must disclose all discounts
and allowances, if any.
B. ORIGINAL PAID FREIGHT BILL

The original paid freight bill showing that

freight charges on the shipment against which
the claim is filed have been paid in full. In
order for a claim to be finalized, all freight
charges must be paid.
C. REPAIR OR REPLACEMENT INVOICE

When sending a repair invoice, it should include

a breakdown of hours, labor rate, and materials.
(If applicable)
WHAT IS CONCEALED LOSS OR
DAMAGE?
When damage is discovered after the delivery
receipt is signed and the cartons are opened, it is
termed concealed damage. When this occurs,
the carrier should be immediately contacted at
the delivering terminal, to request an inspection.
While awaiting inspection, the consignee must
hold the shipping
container and its contents in the same condition
they were in when damage was discovered. The
inspection should be accomplished without delay.
The carrier will send a representative to perform
the inspection or will waive2 inspection. If the
carrier does not respond within 5 working days,
the consignee may make the inspection himself.
The inspection report is not a claim. It is the
responsibility of the claimant to file a cargo
claim within the prescribed time frame and to
respond to any requests from the carrier for
supporting documentation. The claim will then
be concluded based on facts determined during
investigation.
8. WHAT IS THE BURDEN OF PROOF FOR A
CLAIM?
The law requires that the claimant accomplish
three things:
• The carrier received the freight in good
condition at origin
• The freight was short or damaged at
destination
• The dollar amount of loss or damage
============================================================================

SEA PROTESTS
During the course of a voyage if your vessel is
or has experienced bad weather or any nature of
extraordinary events and you fear that damage or
loss may be caused to your vessel and/or cargo,
you must prepare a Note Of Protest and upon
arrival and/or never after 24 hours having
elapsed (not including holidays, Saturdays and
Sundays) have it notarized at Notary Public.

1/ ‘’Notes of Protest’’ should be made when and

if you consider it of utmost importance and
necessity, not for the sake of doing so. If for
example there is a possibility of a claim from
another party to arise.
2/ If you suspect that damage has been caused to
the vessel only (i.e. through heavy weather,
touching bottom, striking locks etc.) there is no
need for a ‘’Note Of Protest’’ to be issued same
could be stated on a ‘’Statement of Facts”
3/ When writing such a ‘’Note Of Protest’’ bear in
mind that you must stick to the FACTS only,
keeping it as brief and as clear as possible. Same
can be extended upon a later date if required.
Also do not express any opinions whatsoever.
Such statement of opinions may and do often lead
to unnecessary complications and/or confusion in
a later date.
Furthermore due to the fact that Notary Publics
around the world use various types/forms for
‘’Notes of Protest’’ it is quite difficult to provide
you with any standard form, we do however
attach a most common form which you may alter
where necessary.
Thus in the case that ‘’Note of Protest’’ (or
"Statement of Sea Protest) has been made and
notarized by Notary Public do not neglect to
forward a copy to owner’s office at first
convenient time.

IMPORTANT ! Be sure to make all appropriate

entries in your ship's logbook
The first thing to remember is that a letter of
protest, strictly speaking, is not a legal document
but a paper containing an account of the events or
statement of facts, describing current situation or
consequences of some wrongful act or acts, which
had happened usually contrary to master’s or
crew efforts.
For example, when during cargo operation
something beyond the master’s control has gone
wrong and the master is unable to make it right,
like interruption from shore side of loading or
discharging operation, neglect cargo handling,
violation of safe working practice, etc. Obviously,
the said act or occurrence should be of such
importance that master feels himself obliged to
bring it to attention of all parties
concerned, either for some immediate action or
for future reference, but it still lacks of any legal
effect being a document produced by one side to
defence its own position.
The “Note of Protest” is a declaration under
oath by the Master of the ship stating that
he is not responsible for the loss.
The purpose of obtaining a notarised
statement by the vessel after arrival at the
next port of call is to protect the interest of
the ship's charterer or the owners from
liability.
 Marine insurance
Most shipowners carry hull insurance on their
ships and protect themselves against claims by
third parties by means of “protection and
indemnity” insurance. Waterborne cargo is
almost universally insured against the perils of
the seas. Most cases of damage to a ship or its
cargo resolve themselves into settlements
between insurance carriers.
Marine insurance is the oldest known form of
insurance. Indeed, the institution of general
average, under which the participants in a
maritime venture contribute to losses incurred by
some for the benefit of all, may itself be looked
on as a primitive form of mutual insurance.
Hull and cargo insurance today, in fact, is usually
written on forms whose wording has changed
little since the 18th century.
The so-called “perils” clause, enumerating the
risks insured against, customarily includes not
only the natural hazards to which a vessel is
exposed but man-made perils such as capture or
destruction by enemy forces as well.
An early type of marine liability insurance was
against liability for damage that the insured
vessel caused to other vessels. Such insurance
was effected by the addition of a “running
down” or “collision” clause to the basic hull
policy insuring the owner or operator of a vessel
against its loss or damage.
With the advent of steam-driven vessels of iron and
steel in the 19th century, the potential liabilities of
shipowners increased substantially.
To protect themselves, British owners banded
together in “protection and indemnity”
associations, commonly known as “P. and I.
Clubs,” whereby they insured each other against the
liabilities to which they were all exposed in the
operation of
their vessels.
These included liability for cargo damage, personal
injury, and damage to piers, bridges, and other fixed
objects, and also 25 percent of the liability for damage to
other vessels against which the hull underwriters refused
to insure. Foreign owners soon found the P. and I. Clubs
attractive, and as of 1973 the operators of about 80
percent of the world’s ocean tonnage were insured with
the British clubs and their Scandinavian and Japanese
affiliates
======================================================================

Collision liability:
Under maritime law responsibility for collision
damage is based upon the fault principle: a
colliding vessel will not be held responsible for
damage to another ship or to a fixed object such
as a bridge, wharf, or jetty unless the collision is
caused by a deficiency in the colliding vessel or
by negligence or a willful act on the part of its
navigators.
It is not always necessary, however, to establish
fault by positive evidence; there is a
presumption of fault when a moving vessel
collides with a fixed object or with another
vessel that is properly moored or anchored, and
the burden of proving freedom from fault will
lie with the moving vessel.
In countries that have adopted the International
Convention for the Unification of Certain Rules
Relating to Collisions between Vessels, signed at
Brussels in 1910, the rule of “comparative
negligence” governs: if each of two colliding
vessels is to blame, the total damages will be
divided between their owners or operators in
proportion to the respective degrees of fault. In
certain countries that have not
ratified the Convention, such as the United
States, the law is such that, if both vessels are to
blame, the total damages are equally divided,
regardless of the respective degrees of fault.
Ships must carry various certificates and
documents on board to operate legally and to
trade freely both nationally and internationally.
The maritime industry commonly uses the terms
“certificates” and “documents” interchangeably.
Technically, however, certificates validate a
fact, and documents provide evidence or proof
of meeting a standard. This text will treat the
two words as synonyms.
•What Primary Regulatory or Statutory Certifi
cates Should Seafarers Be Familiar With?
• Certificate of Classification
• Certificate of Registry
• SOLAS Certificates
• MARPOL Certificates
• International Anti-Fouling System Certific
ate
• International Load Line Certificate
• International Tonnage Certificate
• Certificates for Masters, Officers and Ra
tings
• Maritime Labor Certificates
Do Merchant Ships Need to Bring Regulation
Documents With Them?
Regulations govern procedure, behavior and
standards within an industry, and are designed
to meet the statutory or legal requirements of
the state. A vessel’s flag state or country of
registry determines the standard of law
governing how their vessels operate in
international waters
and in their country’s water, territories and
possessions. Ships traveling and conducting
trade in a foreign country or flag state must also
meet the international and national regulations
of the country they are entering.
Regulatory documents such as certificates for
merchant ships are often “mandatory” in that it is a
requirement to carry them on board, but the laws of
the vessel’s flag state do not directly require them.
The word “mandate” can also denote a legal
requirement. People often use “statutory
certificates” and “mandatory certificates”
interchangeably, but the term “mandatory” can be
confusing, and we will avoid it in this introductory
text.
Ships conducting international trade may need to
carry more than 50 documents on board. The
specific documents a ship should carry must meet
the requirements of the vessel’s flag state, as well
as all international regulations and treaties per
the International Maritime Organization (IMO)
and the documents necessary to meet the
operational and safety requirements of the
local port authorities and its flag state.
The IMO has standardized documents some
countries may accept, per the
Facilitation of Maritime Traffic Convention, but it
is also common for countries to require a crew list
and other forms for port entry. The specific
documents required to operate and enter port are
also a function of the ship’s classification,
construction, tonnage and cargo.
How Are Laws and Regulations Different?
Legal or statutory requirements legally mandate
the standards of construction, safe operation and
management of ships.
A country’s maritime laws set the legal
requirements for operation within their
jurisdiction, and the specific regulations establish
the standards needed to meet the expectations of
the law.
A vessel that does not meet the standards is non-
compliant with the regulation, and might be
breaking the law, depending on the structure of the
regulations.
A ship’s non-compliance with a regulation or
standard may require any of several solutions or
defaults.
A ship which is non-compliant with a
regulation:
1.may not be allowed to operate until they fix the
problem;
2.may require further inspections to determine the
extent of the problem;
3.the solution may get deferred until a later date,
such as in cases where the infraction is minor or
when a port or shipyard facilities must resolve the
non-conformity;
4. may resolve the issue by sending corrected
documentation to authorities; or
5. the violation may be severe enough to warrant
civil or criminal action, such as in cases of fraud,
collusion or falsification of documents and
records
Flag states enforce their standards and regulations
upon ships operating within or visiting their
countries, but they may not choose to adopt a
specific IMO regulation, or the regulation may yet
to become codified into the laws of the flag state.
In such cases, it is common for the flag state to
advise its ships that the IMO regulation requires
compliance for all vessels in international trade.
What Are Classification Societies?
Maritime classification societies are non-
governmental organizations that establish and
maintain technical standards for the construction
and safe operation of ships and offshore structures.
Worldwide, there are more than 70 such
organizations. Approximately
90 percent of cargo ships in the world have received
certification from the 12 classification societies that
are members of
the
International Association of Classification Societies.
Classification societies inspect and survey vessels
during ship construction and commissioning to
verify its design and structures are in compliance.
This inspection includes examining the ship
engine, pumps and other onboard machinery.
Classification societies also inspect and class
submarines, oil platforms and other offshore
structures. After construction of a ship or other
marine structure concludes, the classification
society
will perform periodic inspections to confirm the
ship is meeting maintenance and safety standards.

Although classification certificates themselves

are not statutory, some classification societies
have the authority to perform
statutory vessel inspections and surveys for the
flag state. These flag states can
empower recognized classification societies to
conduct regulatory inspections and certify
compliance with regulatory standards. These
delegated duties require the
authorized classification societies to maintain high
standards of inspection
and compliance with flag states and international
regulations.
Flag states generally require merchant ship
regulatory certificates and documents, as do IMO
conventions and other international treaties.
The IMO is a United Nations agency that sets
standards for the international
shipping community. The IMO has more than
171 member or flag states, and it represents
governments, companies and labor interests in
these states.
The following certificates and documents
constitute a partial list of international regulatory
or statutory certificates and documents seafarers
should be familiar with.

1. Certificate of Classification

A Certificate of Classification from a qualified

classification society certifies a vessel is
structurally sound, and verifies the reliability
and function of the propulsion and steering
systems, power generation and auxiliary systems.
The certificate states that the vessel is complying
with the rules of the classification society, but the
document does not act as a warranty of safety,
fitness of purpose or seaworthiness of the vessel.
The registration of the vessel by its flag state
requires this certificate.
2. Certificate of Registry
A Certificate of Registry is a statutory certificate
required by local law and the
United Nations Convention on the Law of the Se
a
. Merchant ships must be registered in a flag state
and carry a Certificate of Registry detailing and
verifying this registration. This trading certificate
contains essential information about the vessel
and the owner of the vessel, including the
following.
•Ship owner particulars: Details about the ship
owner or owners, including their name, address,
percent of ownership and other information
•Ship particulars: Details about the vessel,
including its length, breadth, depth, gross
tonnage and where the ship was built
•Ship engine particulars: Details about the
ship’s engine, including the make and model
and a description of the engine.
Ship owners must meet specific requirements set by
the flag state to qualify for a Certificate of Registry.
These requirements may vary by country, but can
include holding a classification certificate, a
builder’s certificate with details of the vessel and a
certificate of sale to the current owner or owners.
Ships can receive a Certificate of Registry from
government or private agencies called registries.
3. SOLAS Certificates
One of the most impactful international treaties
governing merchant ships is the
International Convention for the Safety of Life at Se
a (SOLAS)
. The IMO first adopted the SOLAS Convention
in 1914 after the sinking of the Titanic, and it has
undergone several revisions since, with the most
recent version adopted in 1974. The SOLAS
Convention establishes safety standards for the
equipment, construction and operation of merchant
Ships of party nations must carry various SOLAS
certificates on board, including the following.

•International Ship Safety Equipment

Certificate: This certificate verifies the
operational readiness of all ship safety equipment
under SOLAS Chapter III. Form E, detailing all
safety equipment required to be on board, must
also accompany the certificate.
•Minimum Safe Manning Certificate: This
certificate lists the minimum number of onboard
crew required to safely operate a vessel, as
established under SOLAS Chapter V

•International Ship Construction Certificate:

•As required by SOLAS Chapter II-1, this
certificate verifies safe and secure ship
construction.
•Various documents must also accompany this
certificate, including construction.
 drawings, damage control plans and a coating
technical file, among others

•International Ship Safety Radio Certificate:

•SOLAS Chapter IV requires cargo ships and
passenger ships to carry appropriate radio
equipment on international voyages. This
certificate verifies a vessel has the necessary
equipment and that it is in good working
condition.
•Safety Management Certificate (SMC):
•This certificate verifies that a ship complies with
the International Safety Management Code, which
outlines standards for safe operation and
management of vessels while at sea.
•The SMC lasts for five years, with verification of
compliance performed between the second and
third year.
•International Ship Security Certificate
(ISSC):
•The ISSC verifies that a ship complies with
maritime security regulations outlined in SOLAS
Chapter XI-2 and Part A of the
International Ship and Port Facility Security Code.
As of October 2018, the 1974 SOLAS Convention
had 165 contracting states, which accounted for
over 99 percent of the global
gross tonnage of merchant ships.
Therefore, SOLAS certificates are statutory for the
vast majority of cargo ships and other seafaring
vessels.

DOWNLOADED SOLAS CERTIFICATES

 SOLAS XI-2 and the ISPS Code
Having entered into force under SOLAS chapter
XI-2, on 1 July 2004, the International Ship and
Port Facility Security Code (ISPS Code) has since
formed the basis for a comprehensive mandatory
security regime for international shipping.
The Code is divided into two sections, Part A and
Part B. Mandatory Part A outlines detailed
maritime and port security-related requirements
which SOLAS contracting governments, port
authorities and shipping companies must adhere
to, in order to be in compliance with the Code.
Part B of the Code provides a series of
recommendatory guidelines on how to meet the
requirements and obligations set out within the
provisions of Part A.
The main objectives of the ISPS Code
include:
•establishment of an international framework that
fosters cooperation between Contracting Governments,
Government agencies, local administrations and the
shipping and port industries, in assessing and
detecting potential security threats to ships or port
facilities used for international trade, so as to
implement preventive security measures against such
threats
•determining the respective roles and
responsibilities of all parties concerned with
safeguarding maritime security in ports and on
board ships, at the national, regional and
international levels;
•to ensure that there is early and efficient
collation and exchange of maritime security-
related information, at national, regional and
international levels;
•to provide a methodology for ship and port
security assessments, which facilitates the
development of ship, company and port facility
security plans and procedures, which must be
utilized to respond to ships' or ports' varying
security levels; and

•to ensure that adequate and proportionate

maritime security measures are in place on board
ships and in ports.
In order to achieve the above objectives, SOLAS
contracting governments, port authorities and
shipping companies are required, under the ISPS
Code, to designate appropriate security officers
and personnel, on each ship, port facility and
shipping company. These security officers,
designated Port Facility Security Officers
(PFSOs), Ship Security Officers (SSOs) and
Company Security Officers (CSOs), are charged
with the
duties of assessing, as well as preparing and
implementing effective security plans that are
able to manage any potential security threat.
IMO is able to provide support to Member states
in need of assistance in implementing the Code,
by way of national and regional workshops,
seminars, needs assessment missions, etc.
Maritime cyber risk
Maritime cyber risk refers to a measure of the
extent to which a technology asset could be
threatened by a potential circumstance or event,
which may result in shipping-related operational,
safety or security failures as a consequence of
information or systems being corrupted, lost or
compromised.
Cyber risk management means the process of
identifying, analyzing, assessing and
communicating a cyber-related risk and accepting,
avoiding, transferring or mitigating it to an
acceptable level, considering costs and benefits of
actions taken to stakeholders
The overall goal is to support safe and secure
shipping, which is operationally resilient to cyber
risks.
 ANNEX 10
RESOLUTION MSC.428(98) (adopted on 16 June
2017) MARITIME CYBER RISK
MANAGEMENT IN SAFETY MANAGEMENT
SYSTEMS
THE MARITIME SAFETY COMMITTEE,
RECOGNIZING the urgent need to raise
awareness on cyber risk threats and vulnerabilities
to support safe and secure
 shipping, which is operationally resilient to
cyber risks,
RECOGNIZING ALSO that Administrations,
classification societies, shipowners and ship operators,
ship agents, equipment manufacturers, service
providers, ports and port facilities, and all other
maritime industry stakeholders should expedite work
towards safeguarding shipping from current and
emerging cyber threats and vulnerabilities,
BEARING IN MIND MSC-FAL.1/Circ.3 on
Guidelines on maritime cyber risk management
approved by the Facilitation Committee, at its forty-
first session (4 to 7 April 2017), and by the Maritime
Safety Committee, at its ninety-eighth session (7 to 16
June 2017), which provides high-level
recommendations for maritime cyber risk management
that can be incorporated into existing risk management
processes and are complementary to the safety and
security management practices established by this
Organization,
RECALLING resolution A.741(18) by which the
Assembly adopted the International Management Code
for the Safe Operation of Ships and for Pollution
Prevention (International Safety Management (ISM)
Code) and recognized, inter alia, the need for appropriate
organization of management to enable it to respond to the
need of those on board ships to achieve and maintain high
standards of safety and environmental protection,
NOTING the objectives of the ISM Code which
include, inter alia, the provision of safe practices
in ship operation and a safe working environment,
the assessment of all identified risks to ships,
personnel and the environment, the establishment
of appropriate safeguards, and the continuous
improvement of safety management skills of
personnel ashore and aboard ships,
1. AFFIRMS that an approved safety management
system should take into account cyber risk
management in accordance with the objectives and
functional requirements of the ISM Code;
2. ENCOURAGES Administrations to ensure that
cyber risks are appropriately addressed in safety
management systems no later than the first annual
verification of the company's Document of
Compliance after 1 January 2021;
3. ACKNOWLEDGES the necessary precautions
that could be needed to preserve the confidentiality
of certain aspects of cyber risk management;

4. REQUESTS Member States to bring this

resolution to the attention of all stakeholders.
•The objectives of the ISM Code are to:
•Ensure safety at sea
•Prevent human injury or loss of life
•Avoid damage to the environment, with a focus
on the marine environment and on property
•Provide safe practices in ship operation and
working environment
•Prevent damage to ship equipment, ship, and the
cargo
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, and the fourth in 1960.
The 1974 version includes the tacit acceptance
procedure - which provides that an amendment
shall enter into force on a specified date unless,
before that date, objections to the amendment are
received from an agreed number of Parties.
As a result the 1974 Convention has been updated
and amended on numerous occasions. The
Convention in force today is sometimes referred to
as SOLAS, 1974, as amended.
Technical provisions
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 14 Chapters.
Chapter I - General Provisions
Includes regulations concerning the survey of the
various types of ships and the issuing of
documents signifying that the ship meets the
requirements of the Convention. The Chapter also
includes provisions for the control of ships in
ports of other Contracting Governments.
Chapter II-1 - Construction - Subdivision and
stability, machinery and electrical installations
The subdivision of passenger ships into watertight
compartments must be such that after assumed damage
to the ship's hull the vessel will remain afloat and stable.
Requirements for watertight integrity and bilge pumping
arrangements for passenger ships are also laid down as
well as stability requirements for both passenger and
cargo ships.
The degree of subdivision - measured by the
maximum permissible distance between two
adjacent bulkheads - varies with ship's length and
the service in which it is engaged. The highest
degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical
installations are designed to ensure that services
which are essential for the safety of the ship,
passengers and crew are maintained under various
emergency conditions.

"Goal-based standards" for oil tankers and bulk

carriers were adopted in 2010, requiring new
ships to be designed and constructed for
Chapter II-2 - Fire protection, fire detection
and fire extinction
Includes detailed fire safety provisions for all
ships and specific measures for passenger ships,
cargo ships and tankers.
They include the following principles: division of
the ship into main and vertical zones by thermal
and structural boundaries; separation of
accommodation spaces from the remainder of the
ship by thermal and
structural boundaries; restricted use of combustible
materials; detection of any fire in the zone of
origin; containment and extinction of any fire in
the space of origin; protection of the means of
escape or of access for fire-fighting purposes;
ready availability of fire-extinguishing appliances;
minimization of the possibility of ignition of
flammable cargo vapour.
Chapter III - Life-saving appliances and
arrangements
The Chapter includes requirements for life-saving
appliances and arrangements, including requirements
for life boats, rescue boats and life jackets according to
type of ship. The International Life-Saving Appliance
(LSA) Code gives specific technical requirements for
LSAs and is mandatory under Regulation 34, which
states that all life-saving appliances and arrangements
shall comply with the applicable requirements of the
LSA Code.
a specified design life and to be safe and
environmentally friendly, in intact and specified
damage conditions, throughout their life. Under
the regulation, ships should have adequate
strength, integrity and stability to minimize the
risk of loss of the ship or pollution to the marine
environment due to structural failure, including
collapse, resulting in flooding or loss of
watertight integrity.
Chapter IV - Radiocommunications
The Chapter incorporates the Global Maritime Distress
and Safety System (GMDSS). All passenger ships and
all cargo ships of 300 gross tonnage and upwards on
international voyages are required to carry equipment
designed to improve the chances of rescue following an
accident, including satellite emergency position
indicating radio beacons (EPIRBs) and search and
rescue transponders (SARTs) for the location of the ship
or survival craft.
Regulations in Chapter IV cover undertakings by
contracting governments to provide
radiocommunication services as well as ship
requirements for carriage of radiocommunications
equipment. The Chapter is closely linked to the
Radio Regulations of the International
Telecommunication Union.
Chapter V - Safety of navigation
Chapter V identifies certain navigation safety
services which should be provided by Contracting
Governments and sets forth provisions of an
operational nature applicable in general to all
ships on all voyages. This is in contrast to the
Convention as a whole, which only applies to
certain classes of ship engaged on international
voyages.
The subjects covered include the maintenance of
meteorological services for ships; the ice patrol
service; routeing of ships; and the maintenance of
search and rescue services.
This Chapter also includes a general obligation
for masters to proceed to the assistance of those
in distress and for Contracting Governments to
ensure that all ships shall be sufficiently and
efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of
voyage data recorders (VDRs) and automatic
ship identification systems (AIS).
Chapter VI - Carriage of Cargoes
The Chapter covers all types of cargo (except
liquids and gases in bulk) "which, owing to their
particular hazards to ships or persons on board,
may require special precautions". The regulations
include requirements for stowage and securing of
cargo or cargo units (such as containers). The
Chapter requires cargo ships carrying grain to
comply with the International Grain Code.
Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:

Part A - Carriage of dangerous goods in packaged

form - includes provisions for the classification,
packing, marking, labelling and placarding,
documentation and stowage of dangerous goods.
Contracting Governments are required to issue
instructions at the national level and the Chapter
makes
mandatory the International Maritime Dangerous
Goods (IMDG) Code, developed by IMO, which
is constantly updated to accommodate new
dangerous goods and to supplement or revise
existing provisions.
Part A-1 - Carriage of dangerous goods in solid form in
bulk - covers the documentation, stowage and
segregation requirements for these goods and requires
reporting of incidents involving such goods.
Part B covers Construction and equipment of ships
carrying dangerous liquid chemicals in bulk and
requires chemical tankers to comply with the
International Bulk Chemical Code (IBC Code).

Part C covers Construction and equipment of ships

carrying liquefied gases in bulk and gas carriers to
comply with the requirements of the International
Gas Carrier Code (IGC Code).
Part D includes special requirements for the
carriage of packaged irradiated nuclear fuel,
plutonium and high-level radioactive wastes on
board ships and requires ships carrying such
products to comply with the International Code
for the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and High-Level
Radioactive Wastes on Board Ships (INF Code).
The chapter requires carriage of dangerous goods
to be in compliance with the relevant provisions
of the International Maritime Dangerous Goods
Code (IMDG Code).
Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and
is particularly concerned with radiation hazards. It
refers to detailed and comprehensive Code of Safety for
Nuclear Merchant Ships which was adopted by the IMO
Assembly in 1981.
Chapter IX - Management for the Safe
Operation of Ships

The Chapter makes mandatory the International

Safety Management (ISM) Code, which requires a
safety management system to be established by the
shipowner or any person who has assumed
responsibility for the ship (the "Company").
Chapter X - Safety measures for high-speed
craft
The Chapter makes mandatory the International
Code of Safety for High-Speed Craft (HSC
Code).
Chapter XI-1 - Special measures to enhance
maritime safety
The Chapter clarifies requirements relating to
authorization of recognized organizations
(responsible for carrying out surveys and
inspections on Administrations' behalves);
enhanced surveys; ship identification number
scheme; and port State control on operational
requirements.
Chapter XI-2 - Special measures to enhance maritime
security
Regulation XI-2/3 of the chapter enshrines the
International Ship and Port Facilities Security Code (ISPS
Code). Part A of the Code is mandatory and part B
contains guidance as to how best to comply with the
mandatory requirements. Regulation XI-2/8 confirms the
role of the Master in exercising his professional
judgement over decisions necessary to maintain the
security of the ship. It says he shall not be constrained by
the Company, the charterer or any other person in this
respect.
Regulation XI-2/5 requires all ships to be
provided with a ship security alert
system. ,Regulation XI-2/6 covers requirements
for port facilities, providing among other things
for Contracting Governments to ensure that port
facility security assessments are carried out and
that port facility security plans are developed,
implemented and reviewed in accordance with the
ISPS Code. Other regulations in this chapter
cover the
provision of information to IMO, the control of
ships in port, (including measures such as the
delay, detention, restriction of operations
including movement within the port, or expulsion
of a ship from port), and the specific
responsibility of Companies.
Chapter XII - Additional safety measures for
bulk carriers
The Chapter includes structural requirements for
bulk carriers over 150 metres in length.

Chapter XIII - Verification of compliance

Makes mandatory from 1 January 2016 the IMO
Member State Audit Scheme.
Amendments
Chapter XIV - Safety measures for ships
operating in polar waters
The chapter makes mandatory, from 1 January
2017, the Introduction and part I-A of the
International Code for Ships Operating in Polar
Waters (the Polar Code).