L01/2 Flashcards
What is tacit acceptance?
-Members are informed on the amendment and the date set for it to come into force.
-Members should only contact the IMO if they wish to object to the amendments.
-Does not require member states to formally accept the amendments.
What is explicit acceptance?
Combination of:
-Certain number of member states must explicitly accept the amendments.
-Certain percentage of the members gross tonnage must explicitly accept the amendments.
What is a statutory instrument?
-Secondary legislation made by the government under the powers of an act of parliament.
-over 3000 are published each year.
What is an MSN?
-Contain mandatory information, in some cases related to an SI
-(White)
What is an MGN?
-Provides advice and guidance information.
-(blue)
Where can the statutory requirements for the carriage of ‘M’ notices?
-SOLAS chapters II-2 and 5.
-Annex 3.
What is the territorial sea of state?
-A band of sea, bordering a coastal state’s baseline.
-12 nautical miles from the baseline.
What is a contiguous zone?
A zone bounding a coastal states territorial sea, giving them control over:
-Prevent infringement of customs, fiscal, immigration.
-Punish infringement.
What is an archipelagic state?
-A state made from a group of islands including interconnecting waters and other natural features
What is archipelagic waters?
-Waters that are established for mid-ocean archipelagic states.
-Similar to territorial seas.
-Includes traditional fishing grounds and for other legitimate activities.
What are archipelagic sea lanes?
Sea lanes designated in accordance with UNCLOS article 51.
what is a continental shelf?
The underwater land extending from the coastline of a coastal State to the margin.
What are the benefits to a coastal sate of establishment?
-The wright to the minerals and non-living resources within the sea bed.
-Wrights to oil and gas production.
-Control over mining and resource extraction and can impose licences and receive loyalties.
What boundary limits does UNCLOS set for the continental shelf?
-350 nautical miles from the coastline.
-100 nautical miles form the continental areas shallower than 2500 meters below sea level.
what is an exclusive economic zone (EEZ)?
-Zone beyond and adjacent of the States territorial sea.
-State has duties of the zones natural resources such as fishing, oil, windfarms, gas and minerals. also have the capacity to lease out the resources.
What are the duties of a flag state under UNCLOS?
-Effectively exercise jurisdiction and control in admin, technical and social matters over ships flying its flag?
-Maintain a register of its ships wherever they are.
-Make sure ships flying its flag comply with Inter Alia: construction and seaworthiness, safe manning and labour conditions, training and accounting for any international agreements (STCW, ILO).
What is flag state control?
-Enforcement of national and international regulations and codes on board the nations ships.
-Is enforced wherever the vessel may be.
-If a flag state control is unable to enforce it or are unwilling to, this legislation can also be enforced by the port state.
What is port state?
The nation state in whose port a vessel is present.
What is port state administration?
-Department or agency of a port state’s government with the responsibility for control of vessels in port.
-MCA, AMSA, US coastguard.
What is the port state control regime operating in Europe?
The Paris Memorandum of Understanding (Paris MoU).
What is the new inspection regime under the Paris MoU?
Inspections are conducted under risk based targeting mechanism that rewards quality shipping with a smaller inspections and focus on the high-risk ships.
How are ships selected for inspection in the new inspection regime?
-Every vessel visiting the Paris MoU region port will have a risk profile determining the ships eligibility for an inspection.
-All ships will at some point be inspected.
What is considered when determining the risk profile for a vessel?
-Ship type.
-Ship age.
-performance of the flag state.
-Performance of the recognized organisation.
-Performance of the company and ISM management.
-Number of deficiencies and detentions.
What are the categories of inspection in the Paris MoU inspection regime?
-Periodic inspection (will be expanded if a high risk vessel or a ship over 12 years old)
-Additional inspection triggered by overriding or unexpected factors depending of the severity.