Step 3 of 4•17 minutes read
International Regulations
IMO, ILO and UNCLOS cover regulations regarding international shipping. They promote a safe working environment and peaceful and efficient use of the sea and its resources.
International Maritime Organisation (IMO)
IMO Conventions
Several IMO Conventions require states to investigate marine casualties and incidents or make recommendations about the investigation and reporting of casualties to IMO and the industry.
Incident Investigation and the Major Conventions
SOLAS, Regulation 1/21, Part C – Casualties, requires administrations to investigate any casualty occurring to any of its ships subject to the provisions of the present convention when:
- It judges that such an investigation may assist in determining what changes in the present regulations might be desirable.
- Findings of the investigation shall be submitted to IMO.
MARPOL 73/78 is the International Convention for the Prevention of Pollution from Ships from 1973 as amended by the Protocol of 1978, which also explains the name. Under the requirements of MARPOL, article 12, the administration must investigate any casualty occurring to any of its ships if a major harmful marine environment effect is caused. The findings of the investigation must be supplied to IMO if the administration judges they may assist in determining desirable changes to the convention. MARPOL also requires the administration to prohibit and establish sanctions for convention violations.
Each party to MARPOL must issue instructions to its appropriate services, including its accident investigation service, to report any incident resulting in marine pollution by a harmful substance.
STCW is the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 – as amended 1995. The provisions of STCW ´95 regulation I/4 limit the control that a duly authorized officer can carry out under the provisions of the STCW Convention. However, this does not affect the investigation of circumstances attending an accident or incident of navigation or pollution occurring within the jurisdiction of the port state. Regulation I/5 of STCW ´95 requires each party to establish processes and procedures for the impartial investigation of any reported incompetency, act or omission, that may pose a direct threat to the safety of life or property at sea or the marine environment, etc.
Incident Investigation and IMO Resolutions and Circulars
The IMO conventions have been supported and amplified by resolutions and circulars. Various aspects of marine casualty investigation, recording, and reporting, not specified by a convention have been formulated as recommendations by the IMO Assembly, the Maritime Safety Committee (MSC) and the Marine Environment Protection Committee (MEPC).
A.847(20) Guidelines to Assist Flag States
This resolution recommends that the flag state should provide qualified investigators to carry out investigations following a marine casualty or pollution incident. The flag state should ensure that individual investigators have working knowledge and practical experience in subject areas on their regular duties. The flag state should also ensure, to assist individual investigators in performing duties outside their regular assignments, ready access to expertise in navigation and Colregs, flag state regulations in certificates of competency, causes of marine pollution, and interviewing techniques.
Harmonised Reporting Procedures
The IMO circulars MSC/Circ.827 and MEPC/Circ.333 describe that investigation by administrations of casualties to any of their ships are to be reported to the IMO under the SOLAS and Load Line Conventions, as well as MARPOL.
A.322(IX)
This resolution draws the attention of governments to the SOLAS and Loadline Conventions and to the need to investigate casualties and provide IMO with information on findings. Also, it requests the Maritime Safety Committee to examine the reports and recommend action as necessary.
Marine Casualty Report Form
IMO MSC/Circ.433 provides a Marine Casualty Report Form enabling causes of casualties to be classified, and sent by administrations to IMO, assisting with the establishment and maintenance of a database. These requirements will be dealt with in more detail further into the course.
International Labour Organisation (ILO)
Maritime Labour Convention 2006 (MLC 2006)
Reporting and Collection of Statistics
The ILO MLC 2006 entered into force on the 20th of August 2013. Guideline B4.3.5 of MLC 2006 requires all occupational accidents and occupational injuries and diseases should be reported so that they can be investigated. Comprehensive statistics can be kept, analysed, and published, taking into account the protection of the personal data of the seafarers concerned. Reports should not be limited to fatalities or accidents involving the ship.
Investigations According to MLC 2006
Guideline B4.3.6 of MLC 2006 requires the competent authority should undertake investigations into the causes and circumstances of all occupational accidents and occupational injuries and diseases resulting in loss of life or serious personal injury. Also, in such other cases as may be specified in national laws or regulations.
United Nations Convention on the Law Of the Sea (UNCLOS)
UNCLOS consists of different sections and different articles in each section. Section 1 is about General Provisions, and in this lesson, we will describe some of the most important articles of this section.
Legal Status of the Territorial Sea, Its Air Space and Its Bed and Subsoil
The sovereignty of a coastal state extends beyond its land territory, internal waters, and, in the case of an archipelagic state, its archipelagic waters, to a contiguous belt of sea, described as the territorial sea. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. The sovereignty over the territorial sea is exercised subject to this convention and other rules of international law.
Breadth of the Territorial Sea
Every state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined under this convention.
Outer Limit of the Territorial Sea
The outer limit of the territorial sea is measured from the baseline determined by the convention on the Territorial Sea and Contiguous Zone.
Right of Innocent Passage
Subject to UNCLOS, ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
Laws and Regulations of the Coastal State Relating to Innocent Passage
The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea.