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Whitehorse Master 3000 Oral Prep > Business & Law > Flashcards

Business & Law Flashcards

1
Q

Introduction to Maritime Law:

What is the IMO?

A

The International Maritime Organization. It is the maritime branch of the UN and is responsible for creating the majority of international maritime law

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2
Q

Introduction to Maritime Law:

What is a flag state?

A

A state in which a vessel is registered and which therefore has the right to fly that states flag.

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3
Q

Introduction to Maritime Law:

What is port state?

A

A state into which vessels registered in another state enter and, by doing so, come under the law of the former state.

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4
Q

Introduction to Maritime Law:

What is the ILO?

A

The International Labour Organization. It creates international law with respect to Labour standards, particularly the Maritime Labour Convention in the maritime context

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5
Q

Introduction to Maritime Law:

What are bylaws?

A

In the UK and some other anglophone states, bylaws are local laws created by local councils or statutory harbor authorities which apply only within their jurisdiction

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6
Q

Introduction to Maritime Law:

What is the UKCA mark?

A

The UK Conformity Assessed (UKCA) mark is the UK post Brexit replacement for the EU’s wheel mark which signified compliance with the EU Marine Equipment Directive (MED)

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7
Q

Introduction to Maritime Law:

From a regulatory perspective, what kind of organization is the EU?

A

The EU is a supernation organization. It is a political and economic union of 27 independent nation states but it produces its own laws which apply to those states

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8
Q

Introduction to Maritime Law:

What is the IMO’s mission?

A

The IMO Develops international conventions to promote safe, secure, environmentally sound, efficient and sustainable shipping through cooperation.

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9
Q

Introduction to Maritime Law:

What was the IMO’s initial focus after the IMO Convention took effect in 1958?

A

Its initial focus was safety and its first task was the adoption of a new version of the Safety of Life at Sea (SOLAS) convention in 1960

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10
Q

Introduction to Maritime Law:

Where is the IMO headquarteres?

A

In London, UK

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11
Q

Introduction to Maritime Law:

In the context of the IMO, what is a member state?

A

A members state is any member of the UN which has accepted the IMO convention. There are currently 175 member states and three associate members.

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12
Q

Introduction to Maritime Law:

What is the structure of the IMO?

A

The IMO has an Assembly and a Council, who are supported by Committees, Sub-Committees and Working Groups.

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13
Q

Introduction to Maritime Law:

Which are the two main committees in the IMO?

A

MSC - Maritime Safety Council
MEPC - Maritime Environmental Protection Council

Dealing with safety and environmental matters respectively

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14
Q

Introduction to Maritime Law:

What is the purpose of the Facilitation Committee?

A

The Facilitation Committee (FAL) focuses on simplifying and harmonizing administrative and procedural requirements for international maritime trade.

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15
Q

Introduction to Maritime Law:

How often does the IMO’s assembly sit?

A

Once every two years

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16
Q

Introduction to Maritime Law:

How many IMO member states are there?

A

The IMO currently has 175 member states and 3 associate members

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17
Q

Introduction to Maritime Law:

What is a convention?

A

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.

18
Q

Introduction to Maritime Law:

What is ratification in an international context?

A

In an international context, ratification is 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 accession with the IMO

19
Q

Introduction to Maritime Law:

Can a convention be adopted without being ratified?

A

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. There is a list of unratified conventions that have been adopted by the IMO on their website.

20
Q

Introduction to Maritime Law:

What is ratification in a national context?

A

Ratification in a national context refers to the formal process by which a country’s legislative body approves and adopts an international treaty or agreement, making it binding and enforceable within the country’s legal system.

21
Q

Introduction to Maritime Law:

When does a convention which has been adopted by the IMO come into force?

A

Each convention will state the conditions which need to be meet for a convention to come into force. Normally conventions come in to force one year after ratification by a sufficient number of states, which together represent a significant percentage of the worlds tonnage.

22
Q

Introduction to Maritime Law:

Where do proposals for new IMO conventions come from?

A

A proposal for new conventions can come from a member state, a group of member states or the IMO itself.

23
Q

Introduction to Maritime Law:

What is tacit acceptance?

A

Tacit acceptance is a procedure where amendments come into force unless objected to by one third of members states.

24
Q

Introduction to Maritime Law:

How are ver significant amendments made to IMO conventions?

A

Large amendments are passed through protocols. A protocol is effectively a new treaty which is added to the existing convention.

25
Q

Introduction to Maritime Law:

Why was tacit acceptance adopted as a method of amending IMO instruments?

A

Tacit acceptance was adopted because waiting for explicit acceptance for minor amendments was proving impossible, with many worthwhile amendments simply never being adopted.

26
Q

Introduction to Maritime Law:

In the context of the IMO, what are amendments?

A

Amendment are the changes made to IMO conventions in order to keep them relevant in the face of technological change and to embrace opportunities to improve safety and reduce the impact on the environment

27
Q

Introduction to Maritime Law:

What is an IMO resolution?

A

An IMO resolution is used to promulgate important, formal decisions which are made by the various committees. Most resolutions are related to the adoption of amendment or formal guidelines published by the relevant committee.

28
Q

Introduction to Maritime Law:

What is an IMO Circular?

A

IMO Circular serve as means of disseminating information, sharing best practices and facilitating the implementation of the IMO conventions and guidelines. They are not as formal as resolutions.

29
Q

Classification Societies:

What is IACS?

A

The International Association of Classification Societies. Founded in 1968, it has a membership of eleven leading classification societies

30
Q

Classification Societies:

What is a classification society?

A

A classification society is a non-governmental organization which establishes and enforces technical standards for the design, construction and operation of ships.

31
Q

Classification Societies:

Which classification societies are members of IACS?

A
  1. American Bureau of Shipping (ABS)
  2. Bureau Veritas (BV)
    3.Det Norske Veritas (DNV)
  3. Lloyds register (LR)
  4. Nippon Kaiji Kykai (Class NK)
  5. Registro Italiano Navale (RINA)
  6. China Classificaion Society (CCS)
  7. Croatian Register of Shipping (CRS)
  8. Indian Register of Shipping (IRS)
  9. Korean Register (KR)
  10. Polish Register of Shipping (PRS)
32
Q

Classification Societies:

What is the significance of a certificate of class for a vessel?

A

A certificate of class confirms that a vessel complied with the rules and standards of a classification society

33
Q

Classification Societies:

Why are Unified Interpretations (UIs) developed by IACS?

A

UIs are developed to provide consistent interpretations of IMO regulations, ensuring uniform application of standards without introducing new requirements.

34
Q

Classification Societies:

Beside safety and quality, what are some benefits associated with vessel holding a valid certificate of class?

A

A valid certificate of class can lead to favorable terms of insurance and financing , as well as enhancing the standing of the vessel and its owner in the industry. It is also likely to make it easier to trade internationally.

35
Q

Classification Societies:

What are the primary functions of a classification society during the construction of a vessel?

A

Classification societies review design plans, conduct inspections and approve construction stages to ensure adherence to regulations and their own rules.

36
Q

Classification Societies:

Is it mandatory for vessels to be classed?

A

No but the vast majority of vessels are.

37
Q

Classification Societies:

In the context of survey and certification, what does RO stand for?

A

Recognized Organizations

38
Q

Classification Societies:

What is a recognized organization?

A

An organization, usually a classification society, that has been recognized by a flag state for the purpose of surveying and issuing certificates

39
Q

Classification Societies:

Which classification societies are recognized organizations in the UK?

A
  1. American bureau of shipping (ABS)
  2. Bureau Veritas (BV)
  3. Nippon Kaiji Kyokai (Class NK)
  4. Det Norske Veritas (DNV)
  5. Lloyds Register (LR)
  6. Registro Italiano Navale (RINA)
40
Q

Classification Societies:

Which international instrument sets guidelines for the assessment, authorizations, and oversight of ROs?

A

The Recognized Organization Code or the RO Code

41
Q

Classification Societies:

Who decides which organization can be approved as ROs?

A

Each flag state authorizes its own ROs under the guidelines laid down by the IMO in the RO code.

Whitehorse Master 3000 Oral Prep (7 decks)

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