Thursday, March 26, 2020

GLOBAL MARITIME REGULATORY SYSTEM

GLOBAL MARITIME REGULATORY SYSTEM

The global maritime regulatory system consists of four main pillars such as Maritime labour convention (MLC),International convention on standards of training,certification and watchkeeping for seafarers (STCW), MARPOL 73/78 and International convention for safety of life at sea (SOLAS).These four pillars are under one roof organization called the International Maritime Organization (IMO), which is the London based United Nations agency responsible for the safety of life at sea and the protection of the marine environment.

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1) Maritime labour convention (MLC)

The Maritime Labour Convention 2006 (MLC) is an international agreement of the International Labour Organisation (‘ILO’) which sets out seafarers’ rights to decent conditions of work.  It is sometimes called the ‘Seafarers’ Bill of Rights’.  It applies to all seafarers, including those with jobs in hotel and other passenger services on cruise ships and commercial yachts.The convention entered into force on 20 August 2013, one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships.Although the Convention has not been ratified worldwide, it has widespread effect because vessels from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the MLC.

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2) MARPOL 73/78

The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78), was promoted by the International Maritime Organization (IMO) to prohibit all ships from discharging wastes at sea which could result in pollution of the marine environment.The original MARPOL was signed on 17 February 1973, but did not come into force at the signing date. The current convention is a combination of 1973 Convention and the 1978 Protocol, which entered into force on 2 October 1983. MARPOL 73/78 applies to oil tankers, cruise ships, general cargo and container vessels, tugs, ferries, yachts and small pleasure craft. The objective of the convention is to reduce the volumes of harmful materials entering the world's ocean and the marine environment. The technical requirements of MARPOL are included in six separate Annexes which came into force in May 2005:
  • Annex I—Regulations for the Prevention of Pollution by Oil
  • Annex II—Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk
  • Annex III—Prevention of Pollution by Harmful Substances Carried in Sea in Packaged Form
  • Annex IV—Prevention of Pollution by Sewage from Ships
  • Annex V—Prevention of Pollution by Garbage from Ships
  • Annex VI—Prevention of Air Pollution from Ships

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3)International convention on standards of training,certification and watchkeeping for seafarers (STCW)

International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 was adopted on 7 July 1978 and entered into force on 28 April 1984. The main purpose of the Convention is to promote safety of life and property at sea and the protection of the marine environment by establishing in common agreement international standards of training, certification and watchkeeping for seafarers.

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4)  International convention for safety of life at sea (SOLAS)

 The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic disaster, the second in 1929, the third in 1948, and the fourth in 1960. The 1974 version includes the tacit acceptance procedure - which provides that an amendment shall enter into force on a specified date unless, before that date, objections to the amendment are received from an agreed number of Parties.

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