International Framework

David Eley

International Framework for Ships Plying Aleutian Waters

David Eley

International Maritime Organization

Objectives of this Overview

•  International Maritime Organization – What is it? Where does it get its mandate?

•  Relationship between the UN Law of the Sea and IMO conventions, treaties, resolutions and codes

•  How does IMO contribute to safe shipping and marine environmental protection for ships traveling through or to the Aleutians?

Overview of the Four Most Comprehensive IMO Instruments

•  Convention of the Safety of Life at Sea (SOLAS) •  International Convention for the Prevention of

Pollution from Ships (MARPOL) •  International Convention on Standards of

Training, Certification, and Watchkeeping for Seafarers (STCW)

•  International Safety Management Code (ISM)

Briefly Review •  International Ships and Port Facilities Code

(ISPS Code) •  Convention on the International Regulations for

Preventing Collisions at Sea, 1972, and became effective on July 15, 1977. The Rules (commonly called 72 COLREGS)

•  International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC)

•  Conventions of Relevance or Interest to the Advisory Panel

IMO Organization in Brief

IMO Set-up Assembly: Make recommendations to Governments on maritime

safety and pollution prevention.

Council: Executive functions and supervising work.

Committees •  The five Committees are represented by all Member Governments. •  Review and development of IMOs guidelines and regulations.

Facilitation Committee (FAL) Legal Committee (LEG) Marine Environment Protection Committee (MEPC) Maritime Safety Committee (MSC) Technical Co-operation Committee (TC)

Sub-Committees

Nine technical Sub-committees under the direct instructions of the Maritime Safety Committee (MSC) and the Marine Environment Protection Committee (MEPC).

•  Bulk Liquids & Gases (BLG) •  Carriage of Dangerous Goods, Solid Cargoes & Containers (DSC) •  Fire Protection (FP) •  Flag State Implementation (FSI) •  Radio-communications and Search & Rescue (COMSAR) •  Safety of Navigation (NAV) •  Ship Design & Equipment (DE) •  Stability and Load Lines & Fishing Vessels Safety (SLF) •  Standards of Training & Watchkeeping (STW)

IMO has its own Secretary-General

Shipping is perhaps the most international of all the world's global industries....... making it imperative that they are governed by global standards that can be applied to, and recognized, by all.

- Secretary-General of the United Nations, Mr. Ban Ki-moon

Ban Ki-moon

Efthimios E. Mitropoulos

Top Topics: Piracy, INF Transport

Definitions

•  Nation State •  Flag State •  Port State •  Coastal State •  Conventions (Treaties) •  Technical Codes and Guides

Flag State

Port State

(Anchorage)

Top Flag States

Coastal State Aleutians when vessel

enroute Hong Kong from Vancouver

Where does an international treaty or convention get its teeth?

•  When it is ratified and adopted by a nation-state.

•  Entry into force is controlled by Vienna Convention on the Law of Treaties

IMO Conventions Fall Under

1.  Safety 2.  Environmental

Protection 3.  Liability and

Compensation (especially in relation to damage caused by pollution)

Conventions The three most comprehensive sets of rules and

standards on

  Safety (SOLAS)   Pollution prevention (MARPOL) and   Training and certification of seafarers (STCW)

have been ratified by 158, 147 and 151 States, respectively (representing approximately 99% gross tonnage of the world’s merchant fleet).

How does a Code Improve Safety and Environmental Protection?

Examples: ISPS Code, ISM Code, IMDG Code

Typically, incorporated into a Convention

IMO Work Subsequent to September 11, 2001

International Ship and Port Security Code (ISPS)

SOLAS Chapters V, XI & XI-2

•  AIS (automatic identification systems)

•  Ship identification numbers •  CSR (continuous synopsis

record) •  Security measures: SSAS,

Plans, SSO

IMO and the Law of the Sea

Essentially

•  UNCLOS defines the features and extent of the concepts of flag, coastal and port State jurisdiction

•  IMO instruments specify how State jurisdiction should be exercised so as to ensure compliance with safety and shipping anti-pollution regulations.

Coastal States •  In general, IMO treaties do not regulate the nature and

extent of coastal State jurisdiction. •  Degree to which coastal States enforce IMO regulations

in respect of foreign ships in innocent passage in their territorial waters or navigating the exclusive economic zone (EEZ) is a subject to be regulated by UNCLOS.

•  The same principle applies to transit passage in straits used for international navigation or to archipelagic sea lane passage in archipelagic waters.

•  Note: MARPOL includes provisions on monitoring and investigating illegal discharges of harmful substances into the marine environment.

Coastal State Help

Nairobi International Convention on the Removal of Wrecks, 2007

SOLAS

1974 Convention of Safety of Life at Sea (SOLAS) Note: '1974' is a bit of a misnomer. SOLAS was adopted in 1974, entered into force in 1980, and has had major amendments almost every year since.

SOLAS or Not?

Tustumena •  RO-RO ferry •  Service between

Homer and Dutch Harbor

•  Certified for ‘Oceans’

SOLAS or Not? •  78 guests per cruise •  143 feet in length •  Cruising speed of 10 knots •  Registered in United States •  Equipped for bow landings •  Certified for ‘Lakes, Bays and Sounds’

Spirit of Columbia

Non-SOLAS Philippine Tragedies

SOLAS

•  The first version was adopted in 1914, in response to the Titanic disaster

•  The main objective of the SOLAS Convention is to specify minimum standards for the construction, equipment and operation of ships, compatible with their safety.

•  Flag States ensure compliance •  A number of certificates are prescribed in the

Convention as proof that this has been done.

A note about “Flags of Convenience” (Open Registry)

Ex. Liberia does not tax foreign source shipping income of non-resident Liberian registered corporations.

Issue is flag-state overview

Evaluate by looking at Port-State detention records

SOLAS Certificates Key feature: Use

Classification Societies

Concerns about the overuse of Classification Societies and lead to formation of the Paris and Tokyo MOU’s on Port State Control

Port State Control

SOLAS allows Contracting Governments to inspect ships of other Contracting States if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the Convention.

ISM Code SOLAS Chapter IX - Management for the Safe

Operation of Ships

The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety management system to be established by the shipowner or any person who has assumed responsibility for the ship (the "Company").

Incorporates STCW…………..

International Code for Fire Safety Systems (FSS Code)

•  Part of SOLAS •  Particularly rapid amendment to

this code initiated in 2006

Star Princess, while on passage between Grand Cayman and Montego Bay, Jamaica, in March 2006

International Convention for the

Prevention of Pollution from

Ships (MARPOL)

Wreck of Torrey Canyon in English Channel (1967)

MARPOL Annexes Annex I Regulations for the Prevention of Pollution by Oil Annex II Regulations for the Control of Pollution by

Noxious Liquid Substances in Bulk Annex III Prevention of Pollution by Harmful Substances

Carried by Sea in Packaged Form Annex IV Prevention of Pollution by Sewage from Ships Annex V Prevention of Pollution by Garbage from Ships Annex VI Prevention of Air Pollution from Ships (entry into

force 19 May 2005)

States Parties must accept Annexes I and II, but the other Annexes are voluntary.

Philosophical Features of MARPOL

•  "precautionary approach" as a general obligation.

•  "the polluter should, in principle, bear the cost of pollution"

•  Contracting Parties should ensure pollution not simply transferred from one part of the environment to another.

Special Areas

•  "special areas" which are considered to be so vulnerable to pollution by oil that oil discharges within them have been completely prohibited, with minor and well‑defined exceptions.

•  Mediterranean Sea, Black Sea, Baltic Sea, Red Sea and the Persia Gulf are special areas.

Convention on the International Regulations for Preventing Collisions at Sea (COLREGS)

Liability and Compensation Regimes

•  International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969

•  International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. (Canada joined in October.)

•  International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971 (tax on importers)

•  Convention on Limitation of Liability for Maritime Claims (LLMC), 1976

•  Conventions for Passengers, Nuclear Fuel, HAZMAT

International Convention on Oil Pollution Preparedness, Response

and Co-operation (OPRC)

•  Plans and equipment •  Global framework for international co-

operation •  Black Sea Region one example

Places of Refuge

•  Resolution A.949(23) GUIDELINES ON PLACES OF REFUGE FOR SHIPS IN NEED OF ASSISTANCE (2003)

•  A.950(23) Maritime Assistance Services (MAS)

Ship Routing

The practice of following predetermined routes for shipping originated in 1898.

Provisions incorporated into the SOLAS Convention (Chapter V)

IMO leads.

SOPEP

Regulation 26 of Annex I of MARPOL 73/78 requires that oil tankers of 150 tons gross tonnage or more and all ships of 400 tons gross tonnage or more carry an approved shipboard oil pollution plan (SOPEP).

International Salvage Convention (entered into force 1996)

•  Replaced certain ‘no-cure, no-pay’ provisions of the old 1911 Brussels Convention

•  The compensation consists of the salvor's expenses, plus up to 30% of these expenses if, thanks to the efforts of the salvor, environmental damage has been minimized or prevented.

Summary

Convention, Code, Treaty, Flag State nexus:

A container ship underway in Unimak Pass

Nexus •  Port State •  Flag State •  Classification Societies •  STCW and ISM •  SOLAS •  MARPOL •  Liability and Compensation

•  All discharges including air •  IMDG