Introduction to Maritime Law

Maritime trade, being international in nature,

requires:
- a legal framework acceptable to the international
community.
This has been developed over a few centuries, based
on the customs and practices of some of the
leading maritime nations.
Various states also enacted laws to cover their
jurisdiction.

Certain areas of maritime law requires
standardization.These are:
Safety
Protection of the marine environment, and
Conditions of employment
To achieve this, international conventions covering
specific areas which affect the entire maritime
community are adopted.
Adoption of international conventions and
agreements is intended to
- provide uniform practice internationally
What is a convention?
- An international agreement dealing with a specific
matter.
- Expresses the will of member states .(from the
proceedings of an international conference)
- Obligatory on all parties signatory to it.

Once adopted, States party to it must, before
implementation, enact national legislation giving
effect to and enforcing its provisions.
Take Note!!

Convention requirements are the
minimum internationally acceptable
standards.


Due to different stages of development and
economic disparity between States,

a State may enact national legislation
requiring a higher standard for ships
flying its flag.
(Such countries should not impose their
standards on other ships visiting their ports)


In the course of developing a convention, the
Conference may make certain recommendations
which are not internationally binding.

A State may implement them for ships flying its flag
through national legislation.
Main International Conventions
concerned with maritime law
International Maritime Organization(IMO)

International Labour Organization(ILO)

Comite Maritime Internationale(CMI)

United Nations
State Jurisdiction

Flag State Jurisdiction
- Ships flagged by a State are governed by
the law in force for that State.
e.g: Any death or birth on board a Singapore
flag vessel must be reported to the Registrar
of Births and Deaths wherever the vessel
may be.
Coastal State Jurisdiction
Applies to ships passing through international waterways
which are within the territorial waters of certain States.

The law of the State within whose coastal waters the ship
is in shall be applied.

e.g: Ships passing through the Malacca Straits, Singapore
Straits and the Straits of Gibraltar would be subjected to
the laws of Malaysia/Indonesia, Singapore and
Gibraltar/Morocco respectively
Port State Jurisdiction


When a ship is berthed, or is within the port
limits of a State, the law of that State shall
apply to the ship as long as she remains
within its port or port limits.
no more favourable treatment
This phrase was included in
SOLAS,MARPOL,STCW and the ILO convention
concerning Minimum Standards in Merchant
Ships .
It means : ships flying the flag of States which are
not parties to the convention would be
subjected to convention standards while in the
port of a State party to the convention.
Definition of Terms
Refer to handouts.

Questions?


End of Introduction to Maritime Law
End