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International MaritimeInternational Maritime
RegulationRegulation
Dr.EngDr.Eng.. TrikaTrika PitanaPitana
Dept. of Marine EngineeringInstitut Teknologi Sepuluh Nopember (ITS),
Surabaya
2010
22NDND Lecture Marine SafetyLecture Marine Safety
Outline
Introduction
Overview of UNCLOS (Related toEnvironmental Aspect)
IMO Convention SOLAS
MARPOL 73/78
Load Line
etc
Flag State and Port State Control
Classification and Construction rules
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IntroductionIntroduction
Safety related to
Safety and health of person
Safety of vessel
Environmental Aspect
Overview of UNCLOSOverview of UNCLOS
(Related to Environmental(Related to Environmental
Aspect)Aspect)
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Liability Basis
Strict liability
Oil pollution
Meaning : defend is only caused by force
majeour
Without considering the fault of defendant
Absolute Liability
Usually pollution caused by nuclea activity
Meaning : no defend at all
Liability basis
Fault Liability
It shall be prove that there is evidence: the
defendant is fault
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UNCLOS (United Nation Convention on
the law of the sea) 1982 Art. 194
194.2. .. Activities under their (state)
jurisdiction or control are so conducted as
not to cause damage by pollution to other
state and their environment, and that
pollution arising from incident or activitiesunder their jurisdiction .
UNCLOS 1982 Art. 195(Duty not to transfer damage or hazard or
transform one type of pollution into another)
. States shall act so as not to transfer,
directly or indirectly, damage or hazard
from one area to another or transform one
type of pollution into another.
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UNCLOS 1982 Art. 195
(Use of technologies or introduction of alien or newspecies)
state shall take all measures necessaryto prevent, reduce and control pollution ofthe marine pollution of the marineenvironent resulting from use oftechnologies under their jurisdiction orcontrol, or the intentional or accidentalintroduction of species, alien or new, to aparticular part of the marine environment,which may cause significant and harmfulchanger thereto. ( legal basis of Ballastwater convention..)
UNCLOS 1982 Art. 210
(Pollution by dumping)
5. Dumping within the teritorrial sea and
exclusive economic sone or onto the
continental shelf shall not be carried out
without the express prior approval of thecoastal state, which has the right to permit.
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UNCLOS 1982 Art. 211
(Pollution from vessel)
1. State acting trought the competent
international organization or general diplomatic
conference, shall establish international rules
and standart to prevent, reduce and controlpollution of the marine environment
2. State shall adopt laws and regulation for the
prevention, reduction and control of pollution of
the marine environment from vessels flying
their flag orof their registry
UNCLOS 1982 Art. 212(Pollution from or through the atmosphere)
1. State shall adopt laws and regulation to
prevent, reduceand control pollution of the
marine environment from or throught the
atmosphere, applicable to the air spaceunder their sovereighnty and to vessel
flying their flag or vessel or aircraft of their
registry, taking into account internationally
agreed rules, standart and recommended
practices and procedures and the safety of
air navigation
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UNCLOS 1982 Art. 216(Enforcement with respect to pollution by dumping)
1. Law and regulation adopted in accordancewith this convention and applicapleinternational rule and standart establishedthrough competent international organizationor diplomatic conference for the prevention,redution and control of pollution of the marineenvironment vy dumping shall be enforce by:
1. Coastal state within its teriorial sea or its EEZ
2. Flag state .
3. By any state with regart to acts of loading of wasteor other mater occuring within its territory or at itsoffshore terminal
IMO ConventionIMO Convention
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SOLAS
Main objective:
To specify minimum standard for construction,
equipment and operation of ship
has 12 articles and 12 chapters
SOLAS
Chapter I General provisions
Chapter II-1 Construction Structure, subdivision andstability, machinery and electrical installations
Chapter II-2 Construction Fire protection, fire detection
and fire extinction
Chapter III Life-saving appliances and arrangements
Chapter IV RadiocommunicationsChapterV Safety of navigation
Chapter VI Carriage of cargoes
Chapter VII Carriage of dangerous goods
Chapter VIII Nuclear ships
Chapter IX Management for the safe operation of shipsChapterX Safety measures for high-speed craft
Chapter XI-1 Special measures to enhance maritime safety
Chapter XI-2 Special measures to enhance maritime security
Chapter XII Additional safety measures for bulk carriers
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Load Lines 1966
Consist of Annex 1 and 4 chapters
I. General
II. Condition of Assignment of Freeboard
III. Freeboard
IV. Special Requirement for ship assigned
timer freeboard
STCW(Standard of Training, Certification and Watckeeping for
Sea Fares
Basic requirement for training, certificationand Watchkeeping for Sea Fares
Consist of 6 chapters
General Provision Master Deck Department
Engine Department
Radio Department
Special requirement for tankers
Proficiency in survival craft
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MARPOL Annex I Marpol, Prevention of Pollution by Oilby Oil
Annex II Marpol, Regulation for the control of Pollutionby NoxiousNoxious LiquidLiquid SubstanceSubstance
Annex III Marpol, Regulation for the Prevention ofPollution by HarmfullHarmfull SubstanceSubstance CarriedCarried by Sea inby Sea inPackagePackage FormForm
Annex IV Marpol, Regulation for the Prevention ofPollution by SewageSewage from Shipfrom Ship
Annex V Marpol, Regulation for the Prevention ofPollution by GarbageGarbage from Shipfrom Ship
Annex VI Marpol, Regulation for the Prevention ofAirAirPollutionPollution from Ship
ISM Code
To stimulate safety consciousness and a
systematic approach in every part of the
organization
The code does not describe in detail howthe company should undertake safety
management system
Consist of 13 chapters
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ISM CodeObjective and Policy
Chaper 1 Provide safe practice, establish safe guard and continuously improved skill
Requirements Compliance with rules and regulations
Control
Chapter 3 Company resposibility and Authority
Chapter 4 Designated Person
Chapter 6 Resources and Personel
Chapter 7 Development of Plans for shipboard operation
Chapter 8 Emergency Preparedness Chapter 10 Maintenance of the ships and equipments
ISM Code
Safety Management System
Chapter 11 Documentation - Safety ManagementSystem
Implementation of control
Chapter 5 Master responsibility and authorityMonitoring of the system
Chapter 9 Report and Analysis of non confirmation
Chapter 12 Company Verification, revie and evaluation
The Periodic System Review
Chapter 13 Certification, Verification and Control
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Flag State Control
Task of FSC
Effectiveness of FSC
Article 217 (Enforcement by Flag
State)
1. State shall ensure by vessel flying ther flag or of theirregistry with appicable international rules andstandarts, established throught the competentinternational organization .
2. State shall, in particular, take appropriate measures inorder to ensure that vessel flying their flag or of theirregistry are prohibitted from sailing, until the canproceed to sea in compliance with the requirement ofthe international rules and standart ..
3. State shall ensure that vessel flying their flag or of theirregistry carry on board certificate required by andissued pursuant to international rules and standartvessel.State a vessle shall be periodicallyinspected .. verify .. in conformity with actualcondition
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Article 218 (Enforcement by Port
State)
1. When a vessel is voluntarily within a port or atan off shore terminal of a state, that state mayundertake investigation and, where the evidenceso warrants, institute proceeding in respect ofany discharge from that vessel ..
3. When a vessel is voluntarily a port oroffshore terminal of a state, that state shall,
..comply with request from any state forinvestigation of a discharge violation, believedto have occured in caused, or threateneddamage to the internal waters, teritorial sea orezz of the requesting state.
Article 220 (Enforcement by
Coastal State)
2. Where there are clear ground for
believing that a vessel navigating in the
territorial sea of a state has, during its
passage there in, violated laws andregulations of that state adopted in
accordance with this convention or
applicable international rules and standart
for the prevention, reduction and control oilpollution from vessel ..that state
may undertake phisical inspection ..
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Classification Society Independent bodies which set standard for
design, maintenances and repair of ships.
Classification rules cover:
Hull strength and design
Materials
Main and auxiliary machinery
Electrical instalation Control systems
Safety Equipments
Conclusions
You have known
overview of IMO Convention
Task of Flag State
Task of Port State Control
Classification Society Rules
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References:
United Nation Convention on the Law of
the Sea (UNCLOS)
MARPOL 73/78
SOLAS Consolidated Edition 2004
International Load Line Connvention
Kristiansen,S, (2005). MaritimeTransportation Safety Management and
Risk Analysis.
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