Scandinavian I nstitute Scandinavian I nstitute of of Maritime - PowerPoint PPT Presentation

Scandinavian I nstitute Scandinavian I nstitute of of Maritime Maritime Law Law Safety at Sea Sea Safety at Prof. Hans Jacob Bull Prof. Hans Jacob Bull Post doc doc Alla Pozdnakova Post Alla Pozdnakova

• • Course objectives Course objectives • • Course requirements Course requirements – Reading – Reading – Study trip – Study trip – Guest lectures – Guest lectures – Case study study – Case – Written essay – Written essay

Course objectives Course objectives • • Monday 14th Monday 14th

• • Learn about the safety regulation applicable to ships ships Learn about the safety regulation applicable to – Overview of safety regulation – Overview of safety regulation – Safety at sea sea in a more general context context – Safety at in a more general • • Freedom of navigation Freedom of navigation • • Obligations of shipping companies companies Obligations of shipping • • Practical and legal problems Practical and legal problems • • Get insight into the ’real real- -life life’ ’ problems, in particular particular by Get insight into the ’ problems, in by meeting experts and working working on a case study study meeting experts and on a case • • Master writing writing skills to prepare prepare for Master thesis thesis Master skills to for Master

Why is safety safety at sea sea regulation Why is at regulation important? ? important • • Disasters with ships involving not only only Disasters with ships involving not human life life & economic economic losses but but also human & losses also ecological damage ecological damage – Exxon Valdez, Prestige, Erika , Prestige, Erika etc etc – Exxon Valdez

• • Link to video with with Full City: Link to video Full City: • • http://www.tv2nyhetene.no/innenriks/her- - http://www.tv2nyhetene.no/innenriks/her flyter- -oljen oljen- -rundt rundt- -full full- -city city- -2841702.html 2841702.html flyter

• • Harm to the the environment can also be Harm to environment can also be done by smaller smaller incidents and intentional intentional done by incidents and spills, disposing disposing of oily wastes into the sea spills, of oily wastes into the sea • • Safety conventions provide for a general Safety conventions provide for a general safety framework and minimum safety safety safety framework and minimum requirements requirements

Shipping companies companies and other other ’actors actors’ ’ in Shipping and ’ in shipping are are imposed concrete obligations shipping imposed concrete obligations and liabilities liabilities with respect to safety safety and with respect to • • Prevention of incidents and accidents accidents (technical technical Prevention of incidents and ( standards and surveys, safety safety management) ) standards and surveys, management • • Post- -accident accident activities (reporting reporting, , preparedness preparedness, , Post activities ( rescue, , clean clean- -up up) ) rescue • • Compensation for losses (Insurance Insurance of liabilities) ) Compensation for losses ( of liabilities • • Corrective measures Corrective measures • • Administrative liability liability Administrative • • Criminal liability Criminal liability

Objectives of safety rules Objectives of safety rules • • Prevention of accidents with ships Prevention of accidents with ships • • Preparedness and acute acute response; ; rescue rescue Preparedness and response • • Financial compensation and insurance insurance of liability Financial compensation and of liability • • Corrective measures Corrective measures

• • International nature of of shipping International nature shipping – International conventions – International conventions – National regulations are important – National regulations are important • • Freedom of navigation versus rights rights of the Freedom of navigation versus of the coastal States coastal States • • Flag States and flag flag of convenience problems Flag States and of convenience problems

Sources of law of the sea Sources of law of the sea • • International conventions International conventions • • Customary international law Customary international law • • General principles principles of law General of law • • Judicial decisions Judicial decisions • • Writings of publicists Writings of publicists

Who makes the the rules? ? Who makes rules • • International Maritime Organization Organization (IMO) – – ”competent competent international International Maritime (IMO) ” international organization” ” in UNCLOS organization in UNCLOS – International conventions – International conventions • • SOLAS, MARPOL etc. SOLAS, MARPOL etc. – Resolutions (non non- -binding binding) ) – Resolutions ( • • Guidelines on on Places of Refuge Guidelines Places of Refuge • • European Union European Union – Regulations and Directives Directives – Regulations and – Norway participates via EEA – Norway participates via EEA • • UN agencies UN agencies and other and other international international organizations organizations can can develop develop recommendations and participate participate in the the law- -making making process (e.g e.g. . recommendations and in law process ( International Labour Organization Organization) ) International Labour • • Individual States Individual States – May legislate legislate within the limits permitted permitted by international international law – May within the limits by law

Who implements and enforces enforces the rules? ? Who implements and the rules • • Prescriptive jurisdiction Prescriptive jurisdiction (legislative) and (legislative) and enforcement enforcement jurisdction jurisdction (control control and related related measures) ) ( and measures • • Flag States Flag States – – Flags Flags of of convenience convenience and open and open registries registries – Classification societies – Classification societies – Public authorities (usually usually delegate to classification classification societies) ) – Public authorities ( delegate to societies • • Coastal States Coastal States – Limited possibilities possibilities of enforcement under international international law – Limited of enforcement under law • • Port Port States States – – Port State Port State control control – Enforcement possibilities for violations violations on other States’ ’ territories – Enforcement possibilities for on other States territories

Structure & contents contents of the course Structure & of the course • • Freedom of navigation Freedom of navigation • • Safety conventions and ISM Code Code Safety conventions and ISM • • Havarikommisjonen Havarikommisjonen • • Full City case (liability liability systems) Full City case ( systems) • • Places of refuge Places of refuge • • Norwegian SSA Norwegian SSA • • Classification societies Classification societies • • P&I Clubs P&I Clubs • • Case- -study study Case

• • Reading materials are are found in 3 Reading materials found in 3 compendia that follow the structure of the compendia that follow the structure of the course course – Legal acts acts (conventions conventions etc) ) – Legal ( etc – Articles and extracts extracts from the the books – Articles and from books • • Reading is required required! ! Reading is

• • Monday 14th: Compendium Compendium 1 Monday 14th: 1 – UN Convention Convention on the Law of the Sea (LOSC – UN on the Law of the Sea (LOSC or UNCLOS) or UNCLOS) – Churchill/Lowe Lowe – Churchill/ – Ő z zç çayir ayir – Ő – Tan Tan – – Wene – Wene – Ringbom (optional optional) ) – Ringbom (

• • Codification of international customary law Codification of international customary law of the sea of the sea • • http://www.un.org/Depts/los/index.htm http://www.un.org/Depts/los/index.htm • • LOSC: please review the assigned articles please review the assigned articles! ! LOSC: