Beruflich Dokumente
Kultur Dokumente
FACTS:
- that maritime law is based partly on
generally accepted customary rules
developed over many years and partly
on statute law enacted by states
- that matters of safety, protection of
the marine environment and
conditions of employment are covered
by statute law
- that the main sources of maritime law
are international conventions
describes:
- flag State jurisdiction
- coastal State jurisdiction
- port State jurisdiction
D. Control
(a) Every ship when in a port of another
Contracting Government is subject to
control by officers duly authorized by
such Government in so far as this control
is directed towards verifying that the
certificates issued under regulation 12 or
regulation 13 are valid.
FACTS
- that the operation of a ship is governed
by the national laws and regulations of
the flag State, including those laws and
regulations giving effect to international
conventions
- that differences of detail usually exist
in the national laws of different states
implementing the same convention
Begin Header
DEPARTMENT OF FOREIGN AFFAIRS
CANBERRA
Select Documents on International
Affairs No. 31 Volume II (1983) 2. page
105
Amendments to the International
Convention for the Safety of Life at Sea
of 1 November 1974: International Code
for the Construction and Equipment of
Ships carrying Dangerous Chemicals in
Bulk
(London, 17 June 1983)
A sample of an international
convention: Please read the lines in bold.
Wherein a state is allowed the pleasure
of agreeing to the local unions
requirement which may be contrary to
the convention but would be enhanced
from those of the convention.
Article 1
1. This Convention applies to every
seagoing ship, whether publicly or
privately owned, which is registered in
the territory of any Member for which
the Convention is in force and is
ordinarily engaged in commercial
maritime operations. For the purpose of
this Convention, a ship that is on the
register of two Members is deemed to be
registered in the territory of the Member
whose flag it flies.
Article 4
A Member which ratifies this
Convention acknowledges that the
normal working hours standard for
seafarers, like that for other workers,
shall be based on an eight-hour day with
one day of rest per week and rest on
public holidays. However, this shall
not prevent the Member from
having procedures to authorize or
register a collective agreement
which determines seafarers normal
working hours on a basis no less
FINAL PROVISIONS
1. This Convention shall be binding only
upon those Members of the International
Labour Organization whose ratifications
have been registered with the DirectorGeneral of the International Labour
Office.
2. This Convention shall come into
force six months after the date on which
the ratifications of five Members, three
of which each have a least one million
gross tonnage of shipping, have been
registered with the Director-General of
Article 21
The Director-General of the
International Labour Office shall
communicate to the Secretary-General
of the United Nations, for registration in
accordance with Article 102 of the
Charter of the United Nations, full
particulars of all ratifications and acts of
denunciation registered by the DirectorGeneral in accordance with the
provisions of the preceding Articles.
Article 23
1. Should the Conference adopt a new
Convention revising this Convention in
whole or in part, then, unless the new
Convention otherwise provides(a) the ratification by a Member of the
new revising Convention shall ipso jure
involve the immediate denunciation of
this Convention, notwithstanding the
provisions of Article 19 above, if and
when the new revising Convention shall
have come into force;
D. Control
(a) Every ship when in a port of another
Contracting Government is subject to
control by officers duly authorized by
such Government in so far as this control
is directed towards verifying that the
certificates issued under regulation 12 or
regulation 13 are valid.
FACTS
- that the operation of a ship is governed
by the national laws and regulations of
the flag State, including those laws and
regulations giving effect to international
conventions
- that differences of detail usually exist
in the national laws of different states
implementing the same convention
MARPOL ANNEXES
1. Annex I Regulations for the
Prevention of Pollution by Oil
(entered into force 2 October 1983)
Covers prevention of pollution by oil
from operational measures as well as
from accidental discharges; the 1992
amendments to Annex I made it
mandatory for new oil tankers to have
double hulls and brought in a phase-in
schedule for existing tankers to fit
double hulls, which was subsequently
revised in 2001 and 2003.
2. Private Law
Private law, on the other hand, deals
with the relationships between
individuals in society and is used
primarily to settle private disputes.
Private law deals with such matters as
contracts, the rights and obligations of
family members, and damage to ones
person or property caused by others.
When one individual sues another over
some private dispute, this is a matter for
private law.