Business and Law Flashcards
What is the IMO?
The International Maritime Organisation. It is the Martime branch of the UN and is responsible for creating the majority of international Maritime law.
What is a flag state?
A state in which a vessel is registered on which therefore has the right to fly that states flag.
What is a port state?
State into which vessels registered in another state enter and, by doing so, come under the law of the former state.
What is the ILO?
The International Labour Organisation. It creates international law with respect to labour standards, particularly the Maritime labour convention in the Maritime context.
What are bylaws?
In the UK and some other analog phone states, bylaws are local laws created by local councils or statutory Harbour authorities which apply only within their jurisdiction.
What is the UKCA mark?
The UK conformity assessed (UKCA) mark is the U.K.’s post Brexit replacement for the EU will mark, which signified compliance with the EU Maritime equipment directive (MED).
From a regulatory perspective, what kind of organisation is the EU?
The EU is a super national organisation. It is a political and economical union of 27 independent nations states but it produces its own laws which apply to those states.
What is the IMO mission?
To develop international conventions to promote safe, secure, environmentally sound, efficient and sustainable shipping through cooperation.
What are the three main IMO conventions which are often referred to as pillars?
SOLAS, MARPOL, STCW
What was the IMO’s initial focus after the IMO convention took effect in 1958?
Safety and its first task was the adoption of a new version of the safety of lives at sea (SOLAS) convention in 1960.
Where is the IMO headquarters?
London UK
In the context of the IMO, what is a member state?
A member state is any member of the UN which has accepted the IMO convention. There are currently 175 member states and three associate members.
What is the structure of the IMO?
The IMO has an assembly and a council, who are supported by committees, sub committees and work groups.
Which are the two main committees in the IMO?
MSC and MEPC, which deal with safety and environmental matters, respectively.
What is the purpose of a facilitation committee?
The facilitation committee focuses on simplifying and harmonising administrative and procedural requirements for international Maritime trade.
How often does the IMO assembly sit?
Once every two years.
How many IMO member states are there?
IMO currently has 175 member states and three associate members.
What is a convention?
A convention is an international framework of rules that a group of countries agree to be bound by and to enforce, both on their vessels and on other vessels within their waters.
What is ratification in an international context?
The formal act by which a state confirms its consent to be bound by a treaty or convention. It normally involved signing a convention or depositing an instrument of succession within the IMO.
Can a convention be adopted without being ratified?
Yes, adoption by the IMO is not the same thing as a convention being ratified by enough member states for it to come into force.
What is ratification in a national context?
The formal process by which a countries legislative body approves and adopts an international treaty or agreement, making it Biden and enforceable within the countries legal system.
When does a convention which has been adopted by the IMO come into force?
Each convention will state the conditions which need to be met for a convention to come divorce. Normally conventions coming into force one year after ratification by a sufficient number of states, which together represent a sufficient percentage of world tonnage.
Where do proposals for new IMO conventions come from?
Proposals can come from a member state, a group of member states or that IMO itself.
What is tacit acceptance?
A procedure where amendments come into force unless objected to buy one third of the member states.
How are very significant amendments made to the IMO conventions?
Larger amendments are passed through protocols. A protocol is effectively a new treaty which is added to the existing convention.
Why is tacit acceptance adopted as a method of amending IMO instruments?
It was adopted because waiting for explicit sentence for minor amendments was proving impossible, resulting in amendments never being adopted.
What are amendments in the context of the IMO?
Changes that are made to IMO conventions in order to keep them relevant in the face of a technological change which improve safety and reduce the impact on the environment.
What is an IMO resolution?
A resolution is used to enforce important, formal decisions which are made by the various committees. most resolutions are related to the adoption of amendments or formal guidelines published by the relevant committee.
What is an IMO circular?
They serve as means of spreading information, sharing best practices and facilitating the implementation of I am more conventions and guidelines.
What is primary legislation?
An act of parliament. An act will have started as a bill which has been then approved by both houses of Parliament and received Royal ascent.
Which body enforces the requirements of an IMMO convention once it has been ratified in the UK?
Maritime Coast Guard Agency (MCA)
What is secondary legislation and how is it made?
Secondary legislation such as statutory instruments and regulations, are made by the secretary of state using the powers given to them under the merchant shipping act. They drop the proposed law and then late before Parliament.
What happens if a nation state has not ratified a convention which has come into force internationally?
The convention will not be law in that country but if the vessel is flying the nations flag wish to trade internationally and visit countries that have ratified it and will enforce it they will be forced to comply
How does the Secretary of State amend, or introduce new parts to the merchant shipping act?
Merchant shipping act gives a Secretary of State a power to amend it or to introduce new regulations with its support. To do this, the Secretary of State will lay a statutory instrument before parliament.
What is a statutory instrument?
Secondary legislation, which is used to amend or add to a parent act of parliament (primary legislation).
How are statutory instruments which relate to the Maritime industry normally titled?
Merchant shipping and/or fishing vessels (the subject of the SI) regulations year (SI year/number).
What is the baseline?
The lane that separates international and territorial waters. Measured from the low water line along the coast, the baseline can be drawn between features where the coastline is broken by Astros, islands, etc.
What is the EEZ?
The exclusive economic zone extends up to 200 NM from the baseline and offers the coastal state rights over the exploration and exploitation of natural resources in the water column and or under the seabed.
What is the territorial sea?
An area up to 12 NM from the base lane, in which the coastal state has full sovereignty and control over its waters, airspace, seabed and subsoil.
What does UNCLOS stand for?
United Nations conservation on the law of the sea.
What is ‘innocent passage’ and where does it apply?
It is the right of a foreign vessel to navigate peacefully through another countries territorial sea without opposing a threat or engaging in unlawful activities.
What is the maximum distance to the contiguous zone may extend?
24NM.
Does UNCLOS require a ship to be registered?
No. It gives the nations right to maintain a vessel registered and for vessels to fly its flag.
What is the ‘Administration’?
The IMO word for flag state.
