INTER-GLOBAL COLLEGE FOUNDATION, INC.

Brgy. Bocohan, Lucena City

Registration No.16Q13029

COURSE MODULE
(Paper-Based)

STUDENT’S COPY

I. NAME OF PROGRAM Bachelor of Science in Marine Transportation (BSMT)

COURSE CODE
II. COURSE DESCRIPTIVE
Maritime Law
TITLE / CODE
Mar Law

COURSE CREDIT UNIT

III. PRE-REQUISITE / CO-
None
REQUISITE / CREDIT UNIT
4

IV. COURSE DESCRIPTION Maritime Law

MODULE NUMBER
V. MODULE TITLE/ NUMBER Introduction to Maritime Law
1

VI. INCLUSIVE WEEK Week Number 1

Discuss the significant provisions of the SOLAS Convention, Maritime Labor

Convention (MLC 2006), Load Line Convention, United Nations Convention on
VII. COURSE OUTCOME
the Law of the Sea (UNCLOS) and other International agreements and National
Legislations, applicable in the practice of Marine Profession.

A. Learning Outcome: At the end of the modules, the students should be able to:
1. Discuss the Maritime Law, its introduction, history and importance

B. STCW Competence Addressed by the Course Module:

A-II/1 F3.C6: Monitor compliance with the legislative requirements
A-II/2 F1.C2: Monitor and control compliance with the legislative requirements and measures to ensure safety of
life at sea, security and the protection of the marine environment

C. STCW KUP Addressed by the Course Module:

A-II/1 F3.C6. KUP1: Basic working knowledge of the relevant IMO conventions concerning safety of life at sea.
A-II/2. F3.C2. KUP1: Knowledge of international maritime law embodied in international agreements and
conventions.

VIII. MODULE RESOURCES

MINIMUM READING MATERIAL/ONLINE RESOURCES TO BE PROVIDED BY THE FACULTY; IT CAN BE
IN PDF / WORD FILE / INTERNET LINKS / ETC. AND ITS MHEIs DISCRETION BASED ON THEIR
RESOURCES / CAPABILITY

A. Understanding Maritime Law

[https://www.investopedia.com/terms/m/maritime-law.asp]
B. Maritime Handbook Part I to III
[https://www.syciplaw.com/Documents/Maritime%20Handbook%20Parts%20I%20to%20III%20(2011).pdf ]
 INTER-GLOBAL COLLEGE FOUNDATION, INC.
Brgy. Bocohan, Lucena City
Registration No.16Q13029

INTRODUCTION TO MARITIME LAW

Maritime law - is a complete system of law, both public and private, substantive and procedural, national
and international, with its own courts and jurisdiction, which goes back to Rhodian law of 800 B.C. and pre-
dates both the civil and common laws. Its more modern origins were civilian in nature, as first seen in the
Rôles of Oléron of circa 1190 A.D. Maritime law was subsequently greatly influenced and formed by the
English Admiralty Court and then later by the common law itself. That maritime law is a complete legal
system can be seen from its component parts. For centuries maritime law has had its own law of contract:
− contract of sale (of ships), − contract of service
(towage), − contract of lease (chartering), −
contract of carriage (of goods by sea), − contract of
insurance (marine insurance being the precursor of
insurance ashore), − contract of agency (ship
chandlers), − contract of pledge (bottomry and
respondentia), − contract of hire (of masters and
seamen), − contract of compensation for sickness
and personal injury (maintenance and cure) and −
contract of risk distribution (general average). It is
and has been a national and an international law (probably the first private international law). It also has had
its own public law and public international law. Maritime law is composed of two main parts - national
maritime statutes and international maritime conventions, on the one hand, and the general maritime law (lex
maritima), on the other. The general maritime law has evolved from various maritime codes, including
Rhodian law (circa 800 B.C.), Roman law, the
Rôles of Oléron (circa 1190), the Ordonnance de la
Marine (1681), all of which were relied on in
Doctors' Commons, the English Admiralty Court,
and the maritime courts of Europe. This lex
maritima, part of the lex mercatoria, or "Law
Merchant" as it was usually called in England, was
the general law applicable in all countries of Western Europe until the fifteenth century, when the gradual
emergence of nation states caused national differences to begin creeping into what had been a virtually pan-
European maritime law system. Today's general maritime law consists of the common forms, terms, rules,
standards and practices of the maritime shipping industry - standard form bills of lading, charter parties,
marine insurance policies and sales contracts are good examples of common forms and the accepted meaning
of the terms, as well as the York/Antwerp Rules on general average and the Uniform Customs and Practice
 INTER-GLOBAL COLLEGE FOUNDATION, INC.
Brgy. Bocohan, Lucena City
Registration No.16Q13029

for Documentary Credits. Much of this contemporary lex maritima is to be found in the maritime arbitral
awards rendered by arbitral tribunals around the world by a host of institutional and ad hoc arbitral bodies.

Admiralty law or maritime law is a distinct body of law that governs maritime questions and offenses. It is
a body of both domestic Law governing maritime activities, and private international law governing the
relationships between private entities that operate vessels on the oceans. It deals with matters including
marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of
passengers and goods by sea. Admiralty law also covers many commercial activities, although land based
or occurring wholly on land, that are maritime in
character. Admiralty law is distinguished from the
Law of the Sea, which is a body of public
international law dealing with navigational rights,
mineral rights, jurisdiction over coastal waters and
international law governing relationships between
nations. Maritime law consists of a body of laws,
conventions and treaties that governs international
private business or other matters involving ships, shipping or crimes occurring on open water. Laws
between nations governing such things as national versus international waters are considered public
international law and are known as the Law of the Seas. In most developed nations, maritime law is
governed by a separate code and is a separate jurisdiction from national laws. The United Nations, through
the International Maritime Organization, has issued numerous conventions that can be enforced by the
navies and coast guards that have signed the treaty outlining these rules. Maritime law governs many of the
insurance claims relating to ships and cargo, civil matters between shipowners, seamen and passengers, and
piracy.

Statute Law Convention

• the body of principles and rules of law • a treaty between the States which have
laid down in statutes agreed to be bound by it to apply the
• matters of safety, protection of the principles contained in the convention
marine environment and conditions of within their sphere of jurisdiction
employment are covered by Statute law • to implement a Convention or other
• recommendations which are not International agreement, a State must
internationally binding may be enact National Legislation giving effect
implemented by a State for ships flying to and enforcing its provision
its flag
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Brgy. Bocohan, Lucena City
Registration No.16Q13029

Main originators of international conventions concerned with maritime law are:

Flag State Jurisdiction Port State Jurisdiction

When a vessel is voluntarily within a port or at an
States shall ensure compliance by vessels offshore terminal of a State, that State may undertake
flying their flag or of their registry with investigations and, where the evidence so warrants, institute
applicable international rules and standards, proceedings in respect of any discharge from that vessel
established through the competent international outside the internal waters, territorial sea or exclusive
organization or general diplomatic conference, economic zone of that State in violation of applicable
and with their laws and regulations. international rules and standards.
The operation of a ship is governed by the
national laws and regulations of the flag State,
including those laws and regulations giving Coastal State Jurisdiction
effect to international conventions.
When serving in a ship flying a foreign flag, Territorial Sea, Laws and regulations of the coastal
it is essential that the master, chief mate and State relating to innocent passage. The coastal State may
chief engineer familiarize themselves with the adopt laws and regulations, in conformity Rules of
laws and regulations of the flag State. international law, relating to innocent passage through the
territorial sea.

Key IMO Conventions

• International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
• International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978 relating thereto and by the Protocol of 1997 (MARPOL)
• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers
(STCW) as amended, including the 1995 and 2010 Manila Amendments

Other conventions relating to maritime safety and security and ship/port interface
• Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
• Convention on Facilitation of International Maritime Traffic (FAL), 1965
• International Convention on Load Lines (LL), 1966
• International Convention on Maritime Search and Rescue (SAR), 1979
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Brgy. Bocohan, Lucena City
Registration No.16Q13029

• Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA),
1988, and Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located
on the Continental Shelf (and the 2005 Protocols)
• International Convention for Safe Containers (CSC), 1972
• Convention on the International Maritime Satellite Organization (IMSO C), 1976
• The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977, superseded by
the 1993 Torremolinos Protocol; Cape Town Agreement of 2012 on the Implementation of the Provisions of
the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels
• International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel
Personnel (STCW-F), 1995
• Special Trade Passenger Ships Agreement (STP), 1971 and Protocol on Space Requirements for Special
Trade Passenger Ships, 1973

Other conventions relating to prevention of marine pollution

• International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties
(INTERVENTION), 1969
• Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), 1972
(and the 1996 London Protocol)
• International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990
• Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious
Substances, 2000 (OPRC-HNS Protocol)
• International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001
• International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004
• The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships,
2009

Conventions covering liability and compensation

• International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
• 1992 Protocol to the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage (FUND 1992)
• Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (NUCLEAR),
1971
• Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974
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Brgy. Bocohan, Lucena City
Registration No.16Q13029

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

• International Convention on Liability and Compensation for Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea (HNS), 1996 (and its 2010 Protocol)
• International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
• Nairobi International Convention on the Removal of Wrecks, 2007

Other subjects
• International Convention on Tonnage Measurement of Ships (TONNAGE), 1969
• International Convention on Salvage (SALVAGE), 1989

Convention establishing IMO

• Convention on the International Maritime Organization

What is meant by “no more favorable treatment” for ships of non-ratifying

countries?

• Ships must not be placed at a disadvantage because their country has ratified a Convention.
• The practical consequence comes out clearly in the port State control provisions of the
Convention, under which ships of all countries (irrespective of ratification) will be subject to
inspection in any country that has ratified the Convention, and to possible detention if they do
not meet the minimum standards of the new Convention.
• The ‘no more favorable treatment’ clause is a concept used within the Paris MoU to ensure
that, even when a flag state chooses not to ratify a convention (bring it into law in their country),
their ships will still be expected to achieve substantial compliance to the regulations, ensuring
that the standards of international shipping are maintained.
• The ‘no more favorable treatment’ concept is the absolute building block to safe shipping
around the world. Otherwise, you could have flag states circumventing conventions all around
the world.
• The concept also reduces the risk of owners and vessels ‘flag shopping’ for the most lenient
application of the regulations. For example, should France ratify a new International Maritime
Organization (IMO) convention, then all vessels visiting French waters are subject to that
convention, regardless of whether the vessel’s flag state has also ratified the convention.
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Brgy. Bocohan, Lucena City
Registration No.16Q13029

DEFINITION

a body of customary or conventional rules which are

Public International Law (or law of the nations) considered as legal binding by civilized states in their
interaction with each other and is concerned solely
with the rights and obligations of sovereign states.

may be defined as the rules voluntarily chosen by a

Private International Law (or the conflict of laws) given state for the decision of cases which have a
‘foreign’ element or complexion.

concerns the legal relationship between States in

International Public Maritime Law
respect of maritime matters

the collection of rules used to resolve maritime

Private International Maritime Law disputes as a choice of law, choice of jurisdiction and
recognition of foreign judgments between private
parties subject to the laws of different States