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International Maritime Law Flashcards

1
Q

What is Maritime Law?

Including Public & Private Law

A

Maritime Law (Admiralty Law) governs activities & disputes on navigable waters.

Public Maritime Law - Covers International treaties, environmental laws & safety regulations

Private Maritime Law - Deals with contracts, liabilities, insurance & disputes between private entities

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2
Q

What are the 5 Key International Conventions?

A

UNCLOS - SOLAS - MARPOL - STWC - MLC

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3
Q

What is the Purpose of UNCLOS?

A

To define territorial Waters, exclusive economic zones (EEZs) & the high seas.

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4
Q

What is the purpose of SOLAS?

A

To ensure ship safety & Life saving equipment.

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5
Q

What is the purpose of MARPOL?

A

Prevents marine pollution (oil spills, waste disposal, air pollution via the 6 Annex’s)

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6
Q

Name all 6 Annexes & give brief description.

A

1.Annex I – Oil Pollution (Entered into force: 1983)
• Regulates the prevention of oil pollution from operational discharges and accidental spills.
• Requires oil filtering equipment and segregated ballast tanks.
2. Annex II – Noxious Liquid Substances (NLS) in Bulk (1983)
• Governs the control of pollution from chemicals carried in bulk.
• Ships must follow procedures for handling and discharging hazardous substances.
3. Annex III – Harmful Substances in Packaged Form (1992)
• Covers pollution from packaged dangerous goods transported by sea.
• Requires proper labeling, documentation, and storage.
4. Annex IV – Sewage Pollution (2003)
• Regulates the discharge of sewage into the sea from ships.
• Requires ships to have sewage treatment plants or holding tanks.
5. Annex V – Garbage Pollution (1998)
• Prohibits the disposal of plastics and regulates the disposal of other waste types.
• Defines special areas with stricter discharge rules.
6. Annex VI – Air Pollution (2005)
• Limits sulfur oxide (SOx) and nitrogen oxide (NOx) emissions from ships.
• Regulates ozone-depleting substances and ship energy efficiency.

Each annex has special areas with stricter regulations to protect sensitive marine environments.

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7
Q

What is the purpose of STCW?

A

Regulates crew training & certification

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8
Q

What is the purpose of MLC?

A

Protects seafarers’ rights (contracts, wages, living conditions)

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9
Q

Define UNCLOS’ Maritime zones & their boundaries:

Internal Waters.

A

Internal Waters: Inside the baseline - Full sovereignty

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10
Q

Define UNCLOS’ Maritime zones & their boundaries:

Territorial Sea

A

12 Nautical Miles - Foreign ships have right of innocent passage

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11
Q

Define UNCLOS’ Maritime zones & their boundaries:

Contiguous Zone

A

24 Nautical Miles - Enforce Laws on customs, immigration & pollution

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12
Q

Define UNCLOS’ Maritime zones & their boundaries:

Exclusive Economic Zones (EEZ’s)

A

200 Nautical Miles - Exclusive rights to marine resources

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13
Q

Define UNCLOS’ Maritime zones & their boundaries:

High Seas

A

Beyond the EEZ - Open to all states: governed by international Law

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14
Q

Define Flag State.

A

A country where a ship is registered (responsible for its safety & compliance)

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15
Q

Define Port State Control? (PSC)

A

A foreign port can inspect visiting ships to ensure that they comply with international regulations.

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16
Q

What is Common Law?

A

Common law is based on precedents & Judicial Rulings

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17
Q

What is Civil Law and how does it apply in Maritime cases?

A

Civil Law is based on codified statutes & regulations.

In Maritime cases, common law relies on case rulings, while civil law uses written codes.

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18
Q

Describe Flag State Responsibilities.

A

Enforces international conventions, safety standards & crew welfare

It conducts surveys, issue certificates & ensures compliance with SOLAS, MARPOL, MLC & STCW

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19
Q

Name the main differences between FLAG STATE & PORT STATE CONTROL

A

FLAG STATE - Ensures compliance for ships under its registry - responsible for inspections and certifications

PORT STATE CONTROL - Inspects vessels in its ports to verify compliance with international standards - acts as a safeguard against substandard shipping.

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20
Q

Admiralty Law: Collision

Liability for Collisions is governed by which 2 conventions?

A

1.COLREGS

&

2.1976 Limitation of Liability for Maritime Claims (LLMC), which caps liability based on tonnage.
Ship owners can limit liability for claims like personal injury or property damage under the LLMC by establishing a limitation fund based on vessel tonnage.

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21
Q

Name the 3 types of Marine Insurance?

A

Hull & Machinery - covers physical damage to ship caused by perils like collisions & grounding

P&I Clubs (Protection & Indemnity) - Mutual insurance associations that cover 3rd Party liabilities such as pollution or crew claims

Claims Handling - Involves asses damages, negotiating settlements & ensuring compliance with international conventions & insurance terms

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22
Q

Give 2 examples of a Criminal Act & its punishment

A

Burglary & Murder - Imprisoned or Fixed Penalty

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23
Q

Give 2 Examples of a Civil Wrong

A

A Road offence (speeding)

Failing to pay for or complete work done by a person or a company

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24
Q

Define a Tort

A

A civil wrongful - A breach of duty fixed by law

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25
Is a TORT a criminal or civil offence?
Civil
26
Define an offence against the Merchant Shipping Act
Not following the COLREGS - A criminal offence
27
State what may occur if you are convicted of an offence against the Merchant Shipping Act
Fine or Imprisonment
28
Define Negligence with examples within maritime law.
Negligence – A legal concept where a person fails to exercise a level of care that a reasonable person would in similar circumstances, resulting in harm or damage to another party. In maritime law, negligence can arise from improper navigation, lack of maintenance, or failure to follow safety regulations.
29
Define Duty Of Care with examples for ship owners and masters of vessels.
Duty of Care – The legal obligation to act with a standard of care that prevents foreseeable harm to others. For shipowners and masters, this includes ensuring the vessel is seaworthy, properly maintained, and operated safely to protect crew, passengers, cargo, and the environment.
30
Define Reasonable Care and give examples within a maritime context.
Reasonable Care – The degree of caution and attention an ordinary, prudent person would exercise under similar circumstances. In the maritime context, this means adhering to best practices, following regulations, and taking necessary precautions to avoid accidents.
31
Define Non Delegable Responsibility and give an example.
Non-Delegable Responsibility – A duty that cannot be transferred to another party. Even if a shipowner hires a third party (e.g., a management company), they remain ultimately responsible for ensuring compliance with maritime laws, vessel safety, and crew welfare. Or The safety of navigation of the vessel as a captain.
32
Define Vicarious Liability a give an example within Maritime Law.
Vicarious Liability – A legal principle where one party is held liable for the actions or negligence of another. In maritime law, a shipowner or employer can be held vicariously liable for the negligent acts of their crew or employees while performing their duties.
33
Define the Role of the MCA & MAIB
MCA enforce Statutory Instruments & government conventions in the space of the Merchant Shipping Act MAIB - investigate, report & advise on maritime shipping acts. Mostly in the UK and UK flagged vessels but can be called for other incidents if requested.
34
Define the statues that govern UK Shipping
Statutory Instruments
35
List & describe the documents published by the executive branch of the department for transport that inform mariners of the law.
M Notices MSN’s - (Marine Shipping Notices) - Contain legally binding information and mandatory requirements under UK maritime legislation. They specify rules and regulations that must be followed by shipowners, operators, and crew. MGN’s - (Marine Guidance Notices) - Provide advice and guidance on best practices, safety procedures, and regulatory compliance for the maritime industry. They do not have legal force but help interpret legal requirements. MIN’s - (Marine Information Notices) - Provide temporary or time-sensitive information, such as updates on regulatory changes, training requirements, or industry developments. They are often directed at specific sectors of the maritime industry.
36
How Many Chapters are in the Masters Guide to the UK Flag? Name at least 7
14 Chapters 1. Manning & STCW requirements 2. Hours of Work & Rest 3. SEAs & LOCs (sea farmers employment agreements & lists of crew) 4. Official Log Book 5. GMDSS 6. Health & Safety 7. Accident Reporting 8. Medical Stores Requirements 9. Surveys & Audits 10. Stowaways & Refugees 11. CSR - Continuous Synopsis Record 12. UK Publications to be kept onboard 13. Cadet Training 14. Alcohol
37
State Which vessels do not need to carry an OLB (Official Log Book)
Vessels less than 25 GT Ships belonging to General Lighthouse Authority Pleasure Yacht ALL OTHER VESSELS MUST KEEP AN OLB
38
How long should an OLB be open for? And are there exemptions to keep it open for longer?
6 months Yes, if still on voyage after the 6 months then it must be closed as soon as possible at the destination.
39
If you fail to make a mandatory entry in the narrative section of the OLB is that a criminal offence?
Yes
40
Name the 10 sections in the OLB in order.
1. The Front Cover 2. Record of Seamen Employed 3. Register of Births & Deaths 4. Records of Musters & Drills 5. Record of test of Steering Gear 6. Record of Inspections or Crew Accomodation 7. Records of Inspections of Food & Water 8. Load Line Information 9. Dates of Departure & Arrival including draft & Freeboard 10. Narrative Section
41
What can be written in the narrative section of the OLB - up to 13
1. Short handed sailings 2. Accidents 3. Distress incidents & reason for not assisting 4. Wages disputes 5. Crew Discharges 6. Crew & their property left behind 7. Food & Water complaints 8. Officers misconduct 9. Promotions & Demotions 10. Code of Conduct breaches 11. Crew Convictions 12. Illness, injuries & details of treatment 13. Changes of command
42
What do you do if you make an error in the narrative section of the OLB
If an error is made a subsequent entry should be made amending the previous entry and with amendment signed by the same crew member that signed the previous entry
43
Annex’s to the OLB - How should they be made?
Any Annex made alongside the OLB should be signed and attached to the OLB. Each page should be numbered, dated & signed. A note made in the narrative section of the OLB should be made referring to the attached document. This should then be sent to the RSS (Registry of Shipping & Seamen) when the OLB is closed.
44
Name the 5 FAL Forms that must be completed to make a ships report
IMO FAL form 1 - General Declaration IMO FAL form 3 - Ship Stores IMO FAL form 4 - Crew Effects IMO FAL form 5 - Crew List IMO FAL form 6 - Passenger List
45
Name the Documents required on arrival into a new port.
1. Outward Clearance from last port 2. Voyage Summary (Last Ports of Call during last 3/6/12 Months) 3. FAL FORMS 1,3-6 4. Passenger Effects Declaration 5. Drugs List 6. Cargo Manifest 7. Dangerous Goods Manifest 8. Vaccination List 9. Declaration of Health 10. Nil List 11. Light Dues Receipts
46
List the Ships certificates that are required on arrival to a new port
1.. Certificate of registry 2. Tonnage Certificate 3. Safety Construction Certificate 4. Safety Equipment Certificate 5. Safety Radio Crtificate 6. Ship Sanitation Certificate 7. Bunker Insurance Certificate
47
What must a ship receive prior to departing a UK port
Outward clearance document from customs.
48
Explain why the instructions on the front cover suggest that the master should have a copy of the OLB regulations to hand.
The OLB regulations lists all the required entries and who should make them. Then nothing is forgotten when entries are made in the OLB
49
List the conditions that may require a Maritime Declaration of Health
The master must make a DOH if any circumstances onboard may cause the spread of infectious diseases.
50
What is the timeframe that a port must be informed of any health issues onboard?
Not more than 12 hours and not less than 4 hours. She should fly QQ flags and not proceed until directed to by the port authority.
51
What is the Ship Sanitation Control (Exemption) certificate and which ships does it apply to? How long does it last for?
Ships who are healthy receive a SSC (E) certificate. It states that the ship is healthy and no control measures are in place. It lasts for 6 months
52
What kind of ship would receive a Ship Sanitation Control Certificate? How long does it last for?
A ship with sanitation issues. Such as infestation or vermin. The certificate issued stating the control measures that have been put in place. This is valid for 6 months
53
List 6 areas that will be inspected before the issue of a Ship Sanitation Exemption Certificate
1. Quarters 2. Galley, Pantry & Service Areas 3. Stores 4. Child-care facilities 5. Medical Facilities 6. Swimming Pools & Spas 7. Solid & Medical Waste 8. Engine Room 9. Potable Water 10. Sewage 11. Ballast Water 12. Cargo Holds 13. Other Systems & Areas
54
What are the objectives of the IMO?
To facilitate inter-governmental co-operation on state regulation & practices relating to maritime technical matters To Encourage & facilitate the adoption of the highest practicable standards of maritime safety, efficiency of navigation & prevention and control of Marine pollution from ships.
55
Name the 6 most important IMO Conventions
1. International Convention for Safety of Life at Sea - (SOLAS) 2. International Convention on Load Lines 1966 3. Convention on the international Regulations for the Prevention of Collision at sea - (COLREGS) 4. International Convention on Standards of training, Certification & Watch Keeping - (STCW) 5. International Convention for the prevention of Pollution from Ships (MARPOL) 6. International Convention on Tonnage Measurement of ships 1969
56
What is the ILO and what are its aims?
The ILO, like the IMO, is an agency of the UN and works in a similar fashion. Its aim is to raise world labour standards and promote human rights.
57
Which convention did the ILO produce?
Maritime Labour Convention 2006.
58
What is the Role of the Register of Ships?
A branch of the MCA and based in Cardiff - it is responsible for keeping records of all ships that are registered under the UK flag.
59
Name the 7 parts the register of ships deal with
1. Allocating Ships names & numbers 2. Issuing & revalidating UK seafarers certificates & documents 3. Records of all UK seafarers (via discharges books, Certificates & Certificates of Competency etc) 4. Registers Births & Deaths at sea 5. Maintains all completed log books 6. Crew agreements and GMDSS logs 7. Issues Continuous synopsis records to UK flagged Ships.
60
What is the CSR and what does it record and which ships does it apply to?
The Continuous Synopsis Record is a form of log books that stays with the ship for its whole life. It records all changes of owner, flag, name, class ISM etc. It applies to. 1. Passenger ships on international voyages 2. Cargo ships of 500gt + on international voyages 3. Class A passenger ships operating domestic services within Uk waters
61
Name the following countries associated with…. A UK flag ship - A British Flag Ship- British Crown Dependency - British Overseas Flag Territory -
England, Wales, Scotland & Northern Ireland All Red Ensign Group administrations may register as British Ships Channel Islands & Isle of Man Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, Turks & Caicos Islands.
62
Which 12 Certificates are issued to all vessels under the Large Yacht Code?
1. Certificate of British Registry 2. International Tonnage Certificate 3. REG Yacht Code Certificate 4. Certificate of Classification 5. International Load Lines Certificate 6. Load Line Conditions of Assignment 7. Certificate or Statement of Sewage Pollution Prevention (when more than 15 persons are carried) 8. Minimum Safe Manning Document 9. Anti fouling Systems, Owners Declaration (<400GT) 10. Engine International Air Pollution Prevention Certificate 11. Ship Station Radio License 12. International Ballast Water Management Certificate/Statement (if applicable)
63
Which 2 additional Certificates are issued to vessels of 300GT & Over under LYC?
1. Safety Radio Certificate & Form R 2. Wreck Removal Convention Certificate (Nairobi Convention)
64
Which 4 additional Certificates are issued to vessels of 400GT & Over under LYC?
1. International Oil Pollution Prevention Certificate and Record 2. International Air Pollution Prevention Certificate / Statement & Record 3. International Energy Efficiency Certificate/Statement 4. Anti fouling Systems Certificate/Statement (Class Declaration)
65
Which 6 additional Certificates are issued to vessels of 500GT & Over under LYC?
1. Safety Construction Certificate 2. Safety Equipment Certificate 3. ISM Safety Management Certificate 4. International Ship Security Certificate 5. Continuous Synopsis Record File 6. Maritime Labour Convention (MLC) Certificate including DMLC I & II)
66
Which additional Certificate is issued to vessels of 1000GT & Over under LYC?
1. Civil Liability Certificate for Bunker Oil Pollution Damage (Bunkers Convention)
67
What are the 4 Pillars of the MLC?
1. The right to form groups and negotiate together effectively. 2. Elimination of forced or compulsory Labour 3. Abolition of child labour 4. Ending discrimination in Jobs and workplaces

Masters 3000 Business & Law (1 decks)

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