What are the 4 Pillars of International Maritime Law?

Описание: #IMO #SOLAS #MLC #MARPOL #STCW #MaritimeLaw
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Since its founding in 1948, the International Maritime Organisation (IMO) has played a key part in the structuring of policy and procedure across the global maritime industry. Alongside its sister-agency, the International Labour Organisation (ILO), a number of crucial, internationally recognised agreements have been enforced.

With the key goals of improving safety to ships, their operation and lives that sail upon them, in addition to improving the protection of the marine environment from pollution caused by routine operations and accidental damage, four key Conventions have been put in place to mandate requirements and standards surrounding safety procedures, pollution prevention practices, seafarer training and qualification, and labour laws of the maritime industry.

Below details each of the four pillars of maritime law and the important role each one plays.

SOLAS – Safety of Life at Sea

With one of the industry’s main concerns being the safety of crew and personnel on board vessels, SOLAS – Safety of Life at Sea – is generally regarded as the most important of all international Conventions.

The international SOLAS Convention sets minimum safety requirements for the construction, equipment, and operation of merchant ships. The 14 chapters currently included in the SOLAS Convention consist of a range of codes and regulations which specify the minimum safety standards for the area mentioned above.

The SOLAS Convention does not apply to all ships. Only vessels travelling international waters (excluding warships, cargo ships of less than 500 GT, non-propelled ships, wooden ships, non-commercial pleasure yachts and fishing vessels) will be held accountable to the standards enforced by SOLAS.

All signatory flag states must ensure all ships registered under their flag comply with the standards set out under SOLAS. Certificates are issued to a ship to confirm that these standards have been met.

MARPOL – The International Convention for the Prevention of Pollution from Ships

MARPOL – The International Convention for the Prevention of Pollution from Ships – is the main international maritime Convention covering the prevention of environmental pollution by ships. MARPOL covers pollution prevention from a routine operational and accidental perspective.

In addition to setting standards for the discharge and cleaning processes of operational shipping waste, the MARPOL Convention also sets standards for the stowing, handling, and transfer of hazardous cargoes.

Unlike SOLAS, the MARPOL Convention applies to vessels of all types flagged under a State member of the Convention, or that operate within its jurisdiction, regardless of where they sail. Signatory flag states are obliged to incorporate MARPOL requirements into domestic law.

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STCW – Standards of Training, Certification and Watchkeeping

The STCW – Standards of Training, Certification and Watchkeeping for Seafarers – sets minimum qualification standards for personnel and crew of all levels on board a ship, including masters, officers and watch personnel.

Similar to the other pillars, the main purpose of the international Convention is to promote safety at sea, alongside the protection of the marine environment. STCW is helping to further achieve these goals through a common agreement which ensures similar programmes of training with equal standards are carried out by all seafarers of equal role and rank globally. The STCW Convention requires that training leading to the issue of certification is provided by an approved source.

The STCW standards apply to all ships greater than 24 meters in length and apply to all crew members. Certificates, minimum sea-time, and refresher courses are required for some roles. Unlike other Conventions, the STCW applies to ships of non-Party States when visiting ports of States which are parties to the Convention.

MLC – Maritime Labour Convention

Overview

The MLC – Maritime Labour Convention – sets out minimum standards for seafarers working on a ship. The comprehensive Convention provides an internationally recognised, single source of regulation and guidance.

Under the MLC, seafarers will have minimum working and living rights covering:

Contracts of Employment
Pay
Manning Levels
Hours of Rest
Leave Entitlement
Repatriation
Compensation for Ship Loss or Foundering
Career and Skills Development
In addition to standards stipulating minimum age and medical certification, under the MLC, seafarers will need to be trained and qualified to perform onboard duties (training must conform to IMO standards) and receive personal safety training. The MLC also ensures seafarers have access to satisfactory accommodation, recreational and medical facilities, when living on onboard.