Posted: October 19th, 2023

The Legal Aspects of Marine Transportation

The Legal Aspects of Marine Transportation

Marine transportation is the movement of goods and people by sea, using various types of vessels, such as ships, barges, ferries, and cruise liners. Marine transportation is subject to a complex and diverse legal framework that regulates various aspects of its operation, such as safety, security, liability, environmental protection, and trade facilitation. This paper will provide an overview of some of the most significant rules and principles in maritime law that affect marine transportation, as well as the challenges and opportunities that arise from the development of new technologies and practices in this sector.

Safety and Security

One of the main objectives of maritime law is to ensure the safety and security of life and property at sea. The International Maritime Organization (IMO) is the specialized agency of the United Nations responsible for developing and adopting international conventions, codes, and guidelines on maritime safety and security. Some of the most important IMO instruments in this regard are:

– The International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, which sets minimum standards for the construction, equipment, and operation of ships, as well as the provision of emergency and rescue services.
– The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, which establishes the qualifications and competencies required for seafarers to perform their duties on board ships.
– The International Ship and Port Facility Security (ISPS) Code, 2002, which provides a framework for enhancing the security of ships and port facilities against terrorist attacks and other threats.
– The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA), 1988, as amended, which criminalizes various acts of violence or intimidation against ships, their passengers, or cargo.

Liability and Insurance

Another key aspect of maritime law is the allocation of liability and risk among the parties involved in marine transportation, such as shipowners, operators, charterers, cargo owners, passengers, insurers, and third parties. Liability can arise from various sources, such as collisions, groundings, fires, explosions, oil spills, personal injuries, or cargo damage. To limit their exposure to liability claims, shipowners often rely on insurance contracts or other forms of financial security. Some of the main legal instruments that govern liability and insurance issues in maritime law are:

– The International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969, as amended, which establishes a regime of strict liability for shipowners for oil pollution damage caused by their ships.
– The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971, as amended, which creates a supplementary fund to compensate victims of oil pollution damage when the shipowner’s liability is insufficient or unavailable.
– The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974,
as amended,
which sets out a regime of strict liability for shipowners for personal injury or death of passengers caused by a shipwreck or other incident related to the operation of the ship.
– The Hague-Visby Rules (HVR), 1968,
as amended,
which regulate the rights and obligations of carriers and cargo owners in relation to the carriage of goods by sea under bills of lading or similar documents.

Environmental Protection

Marine transportation can have significant impacts on the marine environment and its resources. Therefore,
maritime law also aims to prevent and reduce pollution from ships and to conserve and sustainably use
the oceans and their biodiversity. The IMO is also the main body responsible for developing and adopting
international conventions
and standards on environmental protection in relation to shipping. Some
of
the most relevant IMO instruments in this regard are:

– The International Convention for the Prevention of Pollution from Ships (MARPOL), 1973,
as modified by
the Protocol
of
1978,
which covers various sources
of
pollution from ships,
such as oil,
noxious liquid substances,
harmful substances in packaged form,
sewage,
garbage,
and air emissions.
– The International Convention on Oil Pollution Preparedness,
Response
and Co-operation (OPRC),
1990,
which requires States Parties to establish national
and regional systems for preparedness
and response to oil pollution incidents involving ships,
offshore units,
sea ports
and oil handling facilities.
– The International Convention on the Control
of
Harmful Anti-fouling Systems on Ships (AFS),
2001,
which prohibits
the use
of
organotin compounds in anti-fouling paints used on ships
and establishes a mechanism for future control
of
other harmful substances in such paints.
– The International Convention for the Control
and Management
of
Ships’ Ballast Water
and Sediments (BWM),
2004,
which aims to prevent
the introduction
of
invasive aquatic species into new ecosystems through ships’ ballast water
and sediments.

Trade Facilitation

Marine transportation is also essential for international trade and economic development. However, it can also face various administrative and regulatory barriers that increase the costs and delays of moving goods and people by sea. To facilitate and harmonize the procedures and formalities applied to maritime transport, several international and regional initiatives have been developed, such as:

– The Convention on Facilitation of International Maritime Traffic (FAL), 1965, as amended, which simplifies and standardizes the documentary and procedural requirements for ships entering or leaving ports, such as customs, immigration, health, and security.
– The Trade Facilitation Agreement (TFA) of the World Trade Organization (WTO), 2013, which aims to expedite the movement, release, and clearance of goods across borders, by reducing bureaucracy, enhancing transparency, and promoting cooperation among customs authorities.
– The Reporting Formalities Directive (RFD) of the European Union (EU), 2010, which establishes a National Single Window (NSW) system in each Member State, where all information required by public authorities in connection with the arrival, stay, and departure of ships can be reported electronically via a single entry point.

New Technologies and Practices

Marine transportation is constantly evolving and adapting to new technologies and practices that offer new opportunities and challenges for maritime law. Some of the emerging trends and developments in this sector are:

– The development of Maritime Autonomous Surface Ships (MASS), which are vessels that can operate with varying degrees of autonomy, from remote control to full automation. MASS pose various legal and regulatory questions, such as liability, safety, security, environmental protection, and human factors. The IMO is currently conducting a regulatory scoping exercise to assess the applicability of existing instruments to MASS and identify any gaps or inconsistencies that need to be addressed.
– The increasing use of digitalization and automation in maritime transport, such as electronic documents, blockchain technology, smart contracts, artificial intelligence, and internet of things. These technologies can enhance the efficiency, security, and transparency of maritime transactions and operations, but also raise issues of data protection, cybersecurity, interoperability, and legal recognition.
– The transition to low-carbon and zero-emission shipping, which requires the adoption of alternative fuels and energy sources, such as liquefied natural gas (LNG), hydrogen, ammonia, biofuels, wind power, and solar power. These fuels and sources can reduce greenhouse gas (GHG) emissions and air pollution from ships,
but also entail technical,
economic,
and regulatory challenges,
such as availability,
safety,
cost,
and infrastructure.

Conclusion

Marine transportation is a vital sector for global trade,
commerce,
and development.
It is also subject to a complex
and diverse legal framework that regulates various aspects
of
its operation,
such as safety,
security,
liability,
environmental protection,
and trade facilitation.
This paper has provided an overview
of
some
of
the most significant rules
and principles in maritime law that affect marine transportation,
as well as the challenges
and opportunities that arise from the development
of
new technologies
and practices in this sector.

References

– UNCTAD. (2021). Review of Maritime Transport 2021 – Chapter 6: Legal and Regulatory Developments and the Facilitation of Maritime Trade. Retrieved from https://unctad.org/system/files/official-document/rmt2021ch6_en.pdf
– Styliadis,
T.,
& Koliousis,
I. (n.d.). Legal Aspects in Transportation: Maritime Law and the Reporting Formalities Directive. Retrieved from https://www.onthemosway.eu/wp-content/uploads/2015/06/legal-aspect-in-multimodal-transport.-2.pdf
– UNCTAD. (n.d.). International Maritime and Transport Law. Retrieved from https://unctad.org/topic/transport-and-trade-logistics/policy-and-legislation/international-maritime-transport-law
– UNCTAD. (n.d.). Conventions on Commercial Maritime Law. Retrieved from https://unctad.org/topic/transport-and-trade-logistics/policy-and-legislation/international-maritime-transport-law/maritime-conventions