MANAGEMENT
International Maritime
Conventions and
National Legislation
Week 5
Learning Outcomes
At the end of the module, students should be able to:
1. Outline intent, history and application of SOLAS convention, including the ISM and ISPS Codes
2. Describe the role of IMO and ILO and how each of them collaborate with respect to maritime
conventions
3. Explain how convention provisions are implemented
4. Explain role of flag state in implementing provisions of maritime conventions
5. Explain role of port state in implementing provisions of maritime conventions.
6. Outline intent, history and application of MARPOL Convention
7. Outline intent, history and application of STCW Convention and role of HTW Sub-Committee
8. Outline intent, history and application of Maritime Labour Convention
9. Demonstrate a working knowledge of the Maritime Labour Convention provisions relating to the
management of personnel on board ship, with particular reference to –
a. engagement of crew
b. employment conditions
c. crew entitlements and repatriation
The four pillars of IMO are the following:
1. International Convention for the Safety of Life at Sea (SOLAS)
2. 2.International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW)
3. International Convention for the Prevention of Pollution from
Ships (MARPOL)
4. Maritime Labour Convention (MLC)
International Convention
for the Safety of Life at Sea
(SOLAS), 1974
• The main objective of the SOLAS Convention is to specify minimum
standards for the construction, equipment and operation of ships,
compatible with their safety. Flag States are responsible for ensuring that
ships under their flag comply with its requirements, and a number of
certificates are prescribed in the Convention as proof that this has been
done. Control provisions also allow Contracting Governments to inspect
ships of other Contracting States if there are clear grounds for believing
that the ship and its equipment do not substantially comply with the
requirements of the Convention - this procedure is known as port State
control. The current SOLAS Convention includes Articles setting out
general obligations, amendment procedure and so on, followed by an
Annex divided into 14 Chapters.
• 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.
• As a result, the 1974 Convention has been updated and amended on
numerous occasions. The Convention in force today is sometimes referred
to as SOLAS, 1974, as amended.
ISM Code - International Safety
Management Code
The purpose of the ISM Code is to provide
an international standard for the safe
management and operation of ships and
for pollution prevention.
ISPS Code - International Ship and Port Facility
Security Code
• The ISPS Code provides a framework
through which ships and port facilities can
co-operate to detect and deter acts which
pose a threat to maritime security.
IMO - International Maritime Organization
• The International Maritime Organization (IMO) is a specialized
agency of the United Nations that is responsible for measures to
improve the safety and security of international shipping and
prevent marine pollution from ships.
• The IMO sets standards for the safety and security of international
shipping. It oversees every aspect of worldwide shipping
regulations, including legal issues, shipbuilding, and cargo size.
ILO – International Labour Organization
• The International Labour Organization (ILO) is a United Nations
agency whose mandate is to advance social and economic justice
by setting international labour standards.
• Adopted in February 2006, the ILO's Maritime Labour Convention
sets the minimum standards to ensure satisfactory conditions of
employment for the world's seafarers. It brings together and
updates over 65 other ILO maritime labour instruments, while
introducing a system of certification and inspection to enforce it.
Adopting and Implementation of Conventions
• Enforcement
• The enforcement of IMO conventions depends upon the
Governments of Member Parties.
• Contracting Governments enforce the provisions of IMO conventions
as far as their own ships are concerned and also set the penalties for
infringements, where these are applicable.
Port State Control
• (PSC) is the inspection of foreign ships in national ports to verify
that the condition of the ship and its equipment comply with the
requirements of international regulations and that the ship is
manned and operated in compliance with these instruments and
ensure maritime safety and security and prevent pollution.
Flag State
• The flag of the ship represents the nationality of the ship, i.e. the ship is
under the control of the registered country. Based on the ship's flag, the
ship must comply with international and maritime law of the registered
country in the open sea and It can be used in a variety of ocean conflicts.
• The Flag State, as defined by the United Nations Convention on the Law
of the Sea (UNCLOS), has overall responsibility for the implementation
and enforcement of international maritime regulations for all ships
granted the right to fly its flag. The International Maritime Organization
generally implements the regulations, it does not take part in policing
them, this is the task of the Flag States, Classification Societies and Port
State Control.
International Convention for the Prevention of
Pollution from Ships (MARPOL)
• The main objective of what is known as the
MARPOL 73/78 Agreement, in force at present, is
to achieve the complete elimination of intentional
marine environment pollution by hydrocarbons
and other harmful substances, and to reduce the
accidental discharging of such substances.
• 1954-IMO implemented OILPOL.
• 1967-The wreck of Torrey canyon sparked controversy and resulted in a series of conventions, including
further amendments to the 1954 Convention, which were adopted in 1969.
• 1971-The International Convention for the prevention of pollution of the sea by oil, 1954, (OILPOL) was
amended again, however it was generally felt that an entirely new instrument was required to control
pollution of the seas by ships.
• 1973-IMO convened a major conference to discuss the whole problem of marine pollution by ships. It
resulted in the adoption of the first ever comprehensive anti-pollution convention, the International
Convention for the Prevention of Pollution from Ships and thus MARPOL was born with the objective of
minimizing pollution of the oceans and seas and preserve the marine environment.
• 1978-IMO convened a Conference on Tanker Safety and Pollution Prevention, which adopted a protocol to
the 1973 MARPOL Convention introducing further and stricter measures which included requirements
for certain operational techniques and a number of modified constructional requirements. The Protocol of
1978 relating to the 1973 MARPOL Convention in effect absorbs the parent Convention with
modifications. This combined instrument is commonly referred to as MARPOL 73/78 and came into effect
in October 1983. The Convention has been amended as required on several occasions since then.
• MARPOL Annexes
1. Annex I Regulations for the Prevention of Pollution by Oil (entered into
force 2 October 1983)
2. Annex II Regulations for the Control of Pollution by Noxious Liquid
Substances in Bulk (entered into force 2 October 1983)
3. Annex III Prevention of Pollution by Harmful Substances Carried by Sea in
Packaged Form (entered into force 1 July 1992)
4. Annex IV Prevention of Pollution by Sewage from Ships (entered into force
27 September 2003)
5. Annex V Prevention of Pollution by Garbage from Ships (entered into force
31 December 1988)
6. Annex VI Prevention of Air Pollution from Ships (entered into force 19 May
2005)
STCW - Standards of Training, Certification, and
Watchkeeping
• The aim of STCW is to ensure that seafarers
trained and certified under its regime can meet
the challenges that the shipping industry will be
facing in the future. Course participants will
become familiar with the structure and practical
applications of the convention.
STCW History
• The standards were first adopted in 1978; to come into force they had
to be ratified by 25 nations, with the condition that these nations had
at least 25% of the gross world tonnage of ships 100 gross tons or
more. The standards came into effect in April 1984 when the condition
was met. Amendments were made in 1995 that came into force in
February 1997. Further amendments were adopted in 2010 and came
into force in January 2012. As of 2018, 164 nations, representing 99.2
percent of world shipping tonnage, have ratified the STCW.
What are the three responsibilities of STCW?
• Safety training including survival at sea, fire prevention, and
fighting, first aid and, in some cases, more advanced medical
training. Launching and handling rescue craft; Ship specific
familiarization and training. Personal and social responsibilities.
Sub-Committee on Human Element, Training and
Watchkeeping (HTW)
• The Sub-Committee on Human Element, Training and
Watchkeeping (HTW) deals with the human side of shipping,
including training and certification; the review, updating and
revision of IMO model courses; and guidance addressing issues
such as fatigue.
MLC - Maritime Labour Convention
• MLC ensure comprehensive worldwide protection of the rights of
seafarers rights; To establish a level playing field for countries and
shipowners committed to providing decent working and living
conditions for seafarers, protecting them from unfair competition
from substandard ships.
