Knowledge Centre International legislation

LEGISLATION

Marine Insurance Act 1906

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1906/cukpga_19060041_en_1

This Act provides the legislative framework for the P&I insurance provided by the club, and our rules are expressly subject to it.

GENERAL LIABILITY CONVENTIONS

http://www.admiraltylawguide.com/interconv.html

Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974

http://www.imo.org/Conventions/contents.asp?topic_id=256&doc_id=663

The Convention entered into force on 28 April 1987. It establishes a regime whereby a carrier is liable for loss or damage suffered by a passenger during the course of carriage resulting from the carrier's fault or neglect. The 2002 Athens Protocol (which is not yet in force) introduces a compulsory insurance regime and raises the limits of liability.

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

http://www.imo.org/Conventions/contents.asp?doc_id=664&topic_id=256 

The Convention entered into force on 1 December 1986. It establishes a liability regime for two types of claim: personal injury and death, and property loss or damage.

CLC and IOPC Fund

http://www.imo.org/Conventions/contents.asp?doc_id=660&topic_id=256

http://www.iopcfund.org/

Compensation for oil spills from tankers is in most parts of the world is governed by the 1992 International  Convention on Civil Liability for Oil Pollution Damage (CLC 92) and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992 Fund Convention).  Together these conventions provide a two-tier liability and compensation regime for damage suffered as a result of pollution by persistent oil from tankers funded respectively by shipowners and cargo interests engaged in the carriage of persistent oil by sea.  

The Supplementary Fund

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971

http://www.imo.org/Conventions/mainframe.asp?topic_id=256&doc_id=661

The 2003 Protocol on the Establishment of a Supplementary Fund for Oil Pollution Damage is funded entirely by cargo interests.  It provides a third tier of pollution compensation to claimants who have suffered pollution damage in those states party to the 1992 Fund Convention which have also enacted the Supplementary Fund.   

STOPIA (Small Tanker Oil Pollution Indemnification Agreement) 2006

TOPIA (Tanker Oil Pollution Indemnification Agreement) 2006

http://www.iopcfund-docs.org/ds/pdf/92aes10-13_sfaes2-7.pdf

STOPIA and TOPIA are contractually binding agreements by shipowners to voluntarily share the burden of increased compensation on cargo interests created by the Supplementary Fund.  STOPIA 2006 applies to tankers up to 29,548 gt and TOPIA 2006 to all tankers.  Tanker owners entered in the International Group clubs are signed up to both agreements by means of provisions in the rules of the clubs. 

Bunkers Convention

http://www.imo.org/Conventions/contents.asp?topic_id=256&doc_id=666

Bunker spills from ships other than oil tankers fall outside the scope of the International CLC/Fund regime.  The International Convention on Civil Liability for Bunker Oil  Pollution Damage 2001 provides a liability regime for pollution damage caused by  bunker spills from all ships other than those covered by the 1992 Civil Liability Convention.

HNS Convention

http://www.imo.org/Conventions/contents.asp?topic_id=256&doc_id=665

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea,1996, will, when it enters into force, provide a liability and compensation regime for damage resulting from the maritime transport of hazardous and noxious substances other than persistent oil.   

Wreck Removal Convention

http://www.imo.org/conventions/mainframe.asp?topic_id=1604

The Nairobi International Convention on the Removal of Wrecks, 2007, will, when it enters into force, provide a legal regime to allow coastal States to remove, or have removed, from their coastlines, wrecks which pose a hazard to the safety of navigation or to the marine and coastal environments, or both.

SCOPIC

http://www.lloyds.com/Lloyds_Worldwide/Lloyds_Agents/Salvage_Arbitration_Branch/SCOPIC.htm

The Special Compensation P&I Clause is intended to be used in conjunction with the Lloyd's Open Form of Salvage Agreement.  It provides an agreed tariff for Special Compensation to be paid to salvors under Article 14 of the 1989 Salvage Convention for preventing or minimising damage to the environment.

The Oil Pollution Act (OPA)

http://www.epa.gov/OEM/content/lawsregs/opaover.htm


CARGO CONVENTIONS

Hague: http://www.admiraltylawguide.com/conven/haguerules1924.html

Hague-Visby: http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html

Hamburg: http://www.admiraltylawguide.com/conven/hamburgrules1978.html


SAFETY CONVENTIONS

International Convention for the Safety of Life at Sea (SOLAS 74)

Convention providing the requirements  necessary onboard ships for the safety of life at sea.

http://www.imo.org/Conventions/contents.asp?topic_id=257&doc_id=647

International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78).

Convention providing the requirements necessary onboard to prevent pollution from ships

http://www.imo.org/Conventions/contents.asp?doc_id=678&topic_id=258


ISM CODE

ISM Code establishes safety management objectives and requires companies operating ships to implement a Safety Management System (SMS)

http://www.imo.org/HumanElement/mainframe.asp?topic_id=287


International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 95)

Convention provides the certification and training required for all seafarers on merchant ships.

http://www.imo.org/Conventions/contents.asp?doc_id=651&topic_id=257

International Ship and Port Security (ISPS) Code: http://www.imo.org/About/mainframe.asp?topic_id=583&doc_id=2689

International Maritime Dangerous Goods Code (IMDG): http://www.imo.org/TCD/mainframe.asp?topic_id=158

Code of Safe Working Practice for Solid Bulk Cargoes (BC Code) 2004: http://www.imo.org/

Code of Safe Practice for Cargo Stowage and Securing (CSS Code): http://www.imo.org/

Ballast Water Management Convention: http://www.imo.org/Conventions/mainframe.asp?topic_id=867


International Convention on Loadlines (1966): http://www.imo.org/conventions/mainframe.asp?topic_id=254

Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) 1972: http://www.imo.org/Conventions/contents.asp?doc_id=649&topic_id=257

International Convention on Search and Rescue (SAR) 1979: http://www.imo.org/conventions/contents.asp?doc_id=653&topic_id=257

Global Maritime Distress and Safety System (GMDSS): http://www.imo.org/

International Lifesaving Appliances  (LSA) Code: http://www.imo.org/