header-logo.png

Maritime Legislation (ML) - CM - II

Course Topics

  • Compliance with Legislative Requirements
  • Introduction to Maritime Law
  • Law of the sea (UNCLOS)
  • Baseline and Internal Waters
  • TERRITORIAL WATERS
  • CONTINENTAL SHELF
  • EXCLUSIVE ECONOMIC ZONE
  • OTHER MARITIME ZONES
  • THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE AND OTHER MARITIME ZONES ACT, 1976
  • Territorial sea and contiguous zone
  • Define International Straits
  • High seas
  • UNCLOS on Marine Pollution
  • Key IMO Conventions
  • SOLAS 1974
  • Contents of SOLAS
  • Surveys and Verification
  • Harmonised System of Survey and Certification
  • Regulatory Surveys and Penalties
  • MARPOL 7378
  • Introduction
  • Annex I - Regulations for the Prevention of Pollution by Oil
  • Annex II - Regulations for the Control of Pollution by Noxious Liquid Substances in bulk
  • AnnexIII- Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
  • Annex IV - Regulations for the Prevention of Pollution by Sewage from Ships
  • Annex V - Regulations for the Prevention of Pollution by Garbage from Ships
  • Annex VI - Regulations for the Prevention of Air Pollution from Ships
  • Energy Efficiency of Ships
  • Oil Discharge Monitoring and Control System (ODMCS)
  • Special Areas and PSSAs
  • MARPOL Equipment
  • STCW 1978
  • Conventions on Prevention of Marine Pollution
  • AFS 2001
  • BWM 2004
  • Ballast Water Management
  • Procedures and Arrangement Manual
  • BWM -Possible Treatment Methods
  • Ballast Water Treatment Process--Filtration
  • Ballast Water Treatment Process--Chemical Disinfection
  • Ballast Water Treatment Process--Physical Disinfection
  • BWTTechnologies
  • DUMPING CONVENTION (LONDON) 1972
  • INTERVENTION 1969
  • OPRC 1990
  • OPRC-HNS 2000
  • RECYCLING CONVENTION (HONGKONG) 2009
  • Recycling
  • Shipbreaking
  • Challenges
  • Solutions
  • Conventions on passenger ships
  • STP 1971
  • Special Trade passenger ship agreement
  • PAL CONVENTION (ATHENS) 1974
  • Convention on Tonnage Measurement
  • TONNAGE 1969
  • Introduction (2)
  • Some important definitions
  • Basic Philosophy of Tonnage Computation
  • Tonnage Computation
  • Application of the International Convention on Tonnage Measurement of Ships 1969
  • Notes on Tonnage Measurement
  • Some Comments on Tonnage Measurements
  • Maritime Labour Convention
  • MLC 2006
  • Maritime Labour Convention 2006
  • Working hours
  • Condition of employment
  • Food, Accommodation and Recreation
  • Health protection
  • Complaints and Enforcement
  • Flag state responsibilities
  • Port State Responsibilities
  • Labour-Supplying responsibilities
  • Arrival Documents and Procedures
  • IHR
  • Crew
  • Free pratique
  • In Quarantine
  • Deratting Certificate
  • Requirements of ship Sanitation
  • Declaration of health
  • FAL 1965
  • IMO Standard forms
  • CrewPassenger list
  • Documents for ArrivalDeparture
  • Practise Reg documentations in FAL convention
  • FAL Amendments
  • Law with respect to Collision
  • Penal Jurisdiction in matters of Collision
  • Salvage
  • Marine salvage process
  • Classification of salvage
  • Contract salvage, pure salvage, naval salvage
  • International Salvage Convention-Definitions
  • Lloyd's Standard Form
  • Contents and classes of LOF
  • Ship salvage and the law
  • SCOPIC Clause
  • Convention on Limitation of Liability
  • LLMC 1976
  • Conventions on Liability and Compensation
  • BUNKERS CONVENTION 2001
  • CLC 1969
  • CLC Amendments
  • Fund Convention 1971
  • HNS 2010
  • Other Conventions
  • ITU Radio Regulations
  • LOADLINES 1966
  • SUA 1988
  • NUCLEAR 1971
  • Wreck Removal Convention (NAIROBI) 2007
  • INMARSAT OPERATING AGREEMENT 1976
  • COLREG 1972
  • CSC 1972
  • IMSO 1976
  • SAR 1979
  • SFV (CAPE TOWN AGREEMENT) 2012
  • STCW-F 1995
  • IMO 1948
  • Organs of the IMO
  • Functions of the Assembly and Council
  • Functions of MSC and MEPC
  • Function of LEG, FAL and TCC
  • Maritime stakeholders
  • Developing International Conventions
  • Role of IMO and Flag States
  • IMO Conventions-Proposal and Adoption, Amendment and Enforcement
  • IMO Conventions by Ratification process, Establishment of Convention
  • Resolution-Introduction, Proposal and Adoption
  • IMO Circulars
  • Introduction to Maritime Law (2)
  • Implementing International Conventions
  • Flag State Legislation
  • Verifying Compliance
  • Implementing Conventions
  • Classification societies
  • Overview
  • Role of IACS
  • RepairsAlterations to satisfaction of class
  • Reasons for ship' classification
  • Introduction (3)
  • Role of classifications society
  • During New Building
  • While in Service
  • Limitations of Classification
  • Assigning Class Notation
  • Finding Classification of a Ship
  • Class as a Recognized Organization and Recognized Security Organization
  • Special survey requirements
  • Surveys, Certification and Dry Docking
  • Statutory and Mandatory surveys
  • Initial, Intermediate, Annual, Renewal and Special surveys
  • Harmonised System of ship survey
  • Enhanced Survey
  • Conditions Assessment Scheme (CAS)
  • Conditions Assessment Programme (CAP)
  • Cargo
  • Hague-Visby Rules
  • Bills of Lading
  • ResponsibilitiesLiability Limitations
  • Definitions
  • Hamburg Rules-An Introduction
  • Hamburg Rules
  • Charter Party-Introduction
  • Voyage Chartering
  • Tme Chartering
  • Contract of Affreightment (COA)
  • Bareboat Chartering
  • Joint Ventures Shipping Pools Parceling Project Cargo
  • Slot Chartering
  • Charter parties, its Main clauses, World Scale, AFRA etc
  • Some Common Clauses in Chartering
  • Some important Clauses in Chartering
  • GA and Marine Insurance
  • York-Antwerp Rules
  • GA Act Sacrifice Duties of Master in GA
  • Rights to contribution in GA
  • Marine insurance
  • Purpose of Marine Insurance
  • Principles of Insurance
  • Principle of Utmost Good Faith
  • Principle of Insurable Interest
  • Principle of Indemnity
  • Principle of Contribution
  • Principle of Subrogation
  • Principle of Loss Minimization
  • Principle of Causa Proxima (Nearest Cause)
  • Marine Insurance Organizations
  • Perils covered in insurance
  • Types of Policies
  • Voyage policy
  • Time policy
  • Floating policy
  • Other Policies
  • Type of loss
  • Institute clauses
  • Warranty
  • Functions Risks Liabilities - P and I clubs
  • Pollution Covers
  • Handling Claims
  • Certificates required to be Carried
  • National Maritime Legislation
  • Indian Merchant Shipping Act
  • Certain Important definitions under MS ACT
  • Registration of Ships
  • About Registration of Ships
  • Why Registration
  • What is a Ship Registry
  • Selecting a Flag State
  • The Registration Process
  • Registration Requirements of various Flag States
  • Registration of Indian Ships
  • Documents for Change of Flag
  • Resources
  • Engagement, discharge and management of crew
  • Manning scales and certification
  • CERTIFICATES OF OFFICERS
  • Basic Entitlements of seamen and apprentices
  • Contracts of employment, wages and other remuneration, advances, allotments, payment into bank accounts
  • Deceased seamen, engagement of substitutes
  • Repatriation, assisting and repatriating Indian seamen distressed abroad
  • On board Complaints Procedures
  • The official log book and the law relating to entries
  • Entries required to be made in Official books
  • Offences relating to misconduct, to endangering ship and against persons on board.
  • Discipline and treatment of disciplinary offences
  • Civil liability for certain offences
  • Trade disputes involving seamen
  • The official log book entries and records in free board draft and allowance
  • Crew accommodation
  • Hygiene of the ship and welfare of the crew
  • Outline knowledge of the regulations relating to medical stores Inspection and reports
  • Fresh water and provisions
  • Procedures in cases of infectious disease, illness or accidents.
  • Declaration of health (2)
  • Requirements of ship Sanitation (2)
  • International health regulations(IHR)
  • crew (2)
  • Free pratique (2)
  • In Quarantine (2)
  • Deratting Certificate (2)
  • The safety of the ship, crew and passengers
  • Some important provisions with respect to Safety
  • Unseaworthy Ships
  • Assistance of vessels in distress and salvage
  • Master's duties in the case of collision or any other accident Collecting Evidences Lodging Protests Inquires and Investigation
  • Duties of Master after collision
  • CERTAIN MISCELLANEOUS PROVISIONS IN MS ACT
  • Outline of Rules made under the Merchant Shipping Act
  • Other Regulations
  • ILO
  • ILO conventions relating to maritime labour
  • Structure of ILO
  • Occupational Health and Safety
  • Flag State Control
  • Duties of a Flag State
  • Role of the Flag State
  • Flag State responsibilities
  • Port State Control
  • Understanding Port State Control
  • Paris and Black Sea MOUs
  • Memoranda of Understanding
  • Port State Control (PSC)
  • Some Basic Definitions related to Port State Control
  • Port State Control Inspection Basic Procedure
  • How the PSCOs go about doing their job
  • Clear grounds
  • Targeting
  • Fundamental Precautions by the ship’s staff for PSC inspections
  • List of certificates and documents
  • Classification recommendation to reduce the risk of detention
  • General Checklist
  • PSC Inspections-Introduction
  • Priority Inspections
  • Expanded Inspection
  • Initial Inspection
  • Clear Grounds (2)
  • In-depth Inspection
  • Security Inspection
  • Preparing for Inspections
  • Detailed Inspections by PSC
  • Machinery Spaces
  • Life-Saving Appliances (LSA) and Fire Safety
  • Others
  • Guidelines for Discharge Requirements under Annexes I and 11 which may be Examined for Compliance by the PSCO
  • Guidelines for Control of Operational Requirements
  • Control
  • Guidelines for Port State Control Related to the ISM Code
  • Action Taken Codes used by the PSCO, Subsequent to an Inspection
  • Contravention and Detention
  • PSC Detentions
  • Submission of Information Concerning Deficiencies
  • Guidelines for Detention of Ship
  • Detainable Deficiencies
  • Banning Detention Orders
  • The right of Appeal against a Detention order or any undue Delays
  • Place of Refuge
  • IMO Codes
  • BLU code 1997
  • CASUALTY INVESTIGATION Code 2008
  • CSS code 1991
  • CTU Code 2014
  • ESP code 2011
  • ESP Amendments
  • FSS code 2000
  • FSS Amendments
  • FTP code 2010
  • FTP Amendments
  • GRAIN code 1994
  • HSC code 2000
  • IBC code 2004
  • IBC Amendments
  • BCH Amendments
  • IGC code 2014
  • IGC Amendments
  • IGF code 2015
  • IGF Amendments
  • III code 2016
  • IMDG code 2002
  • Classification of IMDG Cargo
  • Use of IMDG Code
  • Segregation Table
  • Dangerous Goods
  • IMDG Amendments
  • IMSBC code 2008
  • IMSBC Amendments
  • INF code 2001
  • INF Amendments
  • IS code 2008
  • IS Amendments
  • ISM code 1998
  • Safety Management System (SMS)
  • Responsibilities and Authority
  • Resources and Personnel
  • Shipboard Operations and Emergencies
  • Reports and Analysis
  • Maintenance
  • Documentation and Auditing
  • Certification
  • ISM Amendments
  • ISPS code 2002
  • Requirements of ISPS Code
  • Methods of dealing with stowaways
  • Hijacking of ships, armed robbery piracy
  • Best Management Practices
  • Guidelines Provided by Indian Authorities
  • IMB, UKMTO, MSCHOA
  • Current Industry best management practices (from ICS)
  • ISPS Amendments
  • LSA code 1998
  • LSA Amendments
  • NOISE code 2014
  • NOISE Code Amendments
  • POLAR code 2017
  • RO code 2015
  • TDC code 2011
  • International Institutions
  • BIMCO
  • IACS
  • IALA
  • IAPH
  • ICS
  • IFSMA
  • IMB
  • IMAREST
  • INTERMANAGER
  • INTERCARGO
  • INTERTANKO
  • ISF
  • ITF
  • OCIMF
  • SIGTTO
  • WHO
  • World Shipping Council

Compliance with Legislative Requirements

Compliance with Legislative Requirements

Classification of Sea

 

 

Definitions given in United Nations convention on law of the sea (UNCLOS) :

 

Entry in force 16-11-1996.

 

Base line : Normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast.

 

Territorial sea :  Maximum 12 nautical miles from baselines. 

  • The sovereignty of a coastal State extends over the territorial sea as well as to its bed and subsoil and the air space above it, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters.
  • Ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

 

Contiguous zone : Maximum 24 nautical miles from the baselines. 
Coastal State may exercise control in this zone necessary to :

 

  • Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea.
  • Punish infringement of the above laws and regulations committed within its territory or territorial sea.

 

Archipelagic State means a State constituted wholly by one or more archipelagos and may include other islands.

 

Archipelago means a group of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.

 

Exclusive economic zone : Maximum 200 nautical miles from the baselines. The coastal State has sovereign rights in this zone for :

  • Exploring, exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil. 
  • Production of energy from the water, currents and winds.
  • Construction, operation, establishment and use of artificial islands, installations and structures.
  • Marine scientific research.
  • Protection and preservation of the marine environment.
  • Determining the allowable catch of the living resources and its optimum utilization.

 

Continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, maximum 350 miles.

  • The coastal State has sovereign rights for the purpose of exploring and exploiting its natural resources. consisting of mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
  • All States are entitled to lay submarine cables and pipelines on the continental shelf subject to the rights of the coastal State to take reasonable measures for the exploration of the continental shelf, the exploitation of its natural resources and the prevention, reduction and control of pollution from pipelines.
  • The coastal State shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes.

 

The following media explains about the Archipelagic Waters and Territorial Waters:

 

 

[Video]

 

 

 

The following media explains about the Contiguous zone, Exclusive Economic Zone and Continental Shelf:

 

 

 

[Video]

 

 

 

The following media explains about the Relationship between "Conventions and Interpretation" and "Uniform law and Conflict of Law rules":

 

 

 

[Video]