Shipwrecks and maritime law are inextricably linked concepts, especially in the context of global trade and transportation. There are various causes of shipwrecks, including collision with another ship, adverse weather conditions, safety violations and human error. All of these factors can lead to emergencies and have serious consequences for the crew, passengers, environment and economy. This article discusses the main aspects of maritime law governing the consequences of shipwrecks.
Keywords: maritime law, maritime accidents, shipwrecks, piracy, marine pollution, natural resources, international cooperation, international laws.
Research on maritime law, shipwrecks and other accidents is highly relevant for the following reasons:
- Safety of the maritime community: Research on these issues helps improve safety in maritime travel and prevent incidents such as shipwrecks, oil platform accidents, and other emergencies from occurring. This helps protect lives, preserve the marine environment, and prevent environmental disasters.
- Regulation of maritime rules and laws: The study of these problems helps to develop and improve the maritime law that regulates international and national relations in maritime affairs. The study of the legal aspects of maritime accidents helps determine liability for violations of the rules and develop effective regulatory mechanisms.
- The economic importance of the maritime industry: The maritime industry plays an important role in the world economy, as most of the international trade is carried out by sea. Consequently, the study of maritime law and shipwreck issues helps to identify the risks and challenges faced by maritime carriers and businesses in order to develop strategies and measures to reduce losses and ensure the sustainability of the industry.
- International Cooperation: One of the characteristics of maritime law and regulation is that it requires international cooperation. Research on law of the sea and shipwreck issues contributes to the development of common standards, conventions, and protocols that facilitate cooperation among states and organizations in solving international maritime problems.
The study of maritime law and shipwreck problems is relevant and important for the harmonious development of the maritime industry and maritime safety. It allows to save and use maritime resources, protect interests of maritime carriers and prevent catastrophic situations that may have long-term consequences for the world economy and ecology.
Maritime law is the system of rules and regulations governing maritime activities, including transportation, insurance, liability, and shipping. It has a long history and a complex structure that has evolved over the centuries of maritime development. The purpose of maritime law is to ensure the safety and protect the interests of all parties involved in maritime transportation.
Shipwrecks are catastrophic events when a vessel encounters an obstacle at sea, causing it to be destroyed and cargo to be lost.
In the case of shipwrecks, maritime law defines liability for loss and damage. It establishes that the owner and operator of the ship are primarily responsible for the damage caused, although there are exceptions related to force majeure. Maritime law also defines procedures for firefighting, crew and passenger rescue, evacuation and other situations related to accidents at sea.
One of the most important international conventions governing maritime law and shipwrecks is the International Convention for the Safety of Life at Sea (SOLAS) [1]. It establishes the safety standards to be observed on all ships and defines the requirements for mandatory safety measures on board ship.
In addition, maritime law also regulates the insurance of ships, cargoes, and the liability of owners and operators. It determines what types of insurance are mandatory for ships and what requirements are imposed on insurers. Maritime law also establishes rules for cargo liability, including the duties of cargo owners and carriers.
Table 1 provides a list of offenses that violate international regulations on the safety of work on ships, as well as other offenses related to maritime safety.
Table 1
Сrimes violating international maritime rules
|
The crime |
The law |
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1- Piracy and armed conflict: One of the most virulent types of maritime law violations is piracy. Today, although piracy seems like something from the distant past, it still thrives in remote areas such as Somalia, where gangs of pirates attack cargo ships and demand ransom. Pirates violate the principle of free navigation and threaten the lives and well-being of crews, as well as impede trade and the international economy. In addition, the law of the sea is violated during armed conflicts when states and uncontrolled military groups use maritime space to conduct operations in violation of the rules of neutrality and security. This can lead to the undeserved destruction of cargo ships, pollution of the sea with firearms, threats to passengers and crews, and environmental damage. |
United Nations Convention on the Law of the Sea (UNCLOS): this is the primary international treaty governing many aspects of maritime affairs, including the rights and duties of states, use of the sea, fishing, environmental protection, and combating maritime piracy. [2] The Convention on the Prevention, Suppression and Punishment of Acts of Maritime Piracy (SUA): adopted by the International Maritime Organization, this convention establishes measures to prevent and suppress acts of maritime piracy, as well as rules for punishing those who commit such acts [3]. International Conventions on Safety at Sea (SOLAS, ISPS, STCW): these conventions contain rules and standards concerning the safety of ships, ports and seafarers, and include measures to prevent piracy and protect ships. [4] UN Security Council Resolutions: The Security Council adopts resolutions that include mandates for states to combat piracy and develop security. [5] |
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2- Illegal extraction of natural resources: Another violation of the law of the sea with global implications is the illegal extraction of natural resources such as fish, oil and natural gas. Uncontrolled fishing and illegal resource extraction leads to the depletion of marine bioresources, threatening not only ecosystems but humanity itself. This leads to a decline in the population of important commercial fish species and destroys the ecological equilibrium in the seas and oceans. |
United Nations Convention on the Law of the Sea (UNCLOS): this is the primary international treaty governing many aspects of maritime affairs, including the rights and duties of states, use of the sea, fishing, environmental protection, and combating maritime piracy. [2] Regional Fishery Management Organizations (RFMOs): RFMOs are international organizations established by coastal states to manage and conserve fishery resources in specific regions. These organizations develop conservation and management measures, including catch limits, fishing seasons, and gear restrictions, to prevent overfishing and ensure the sustainable use of marine resources. [6] International cooperation and agreements: International cooperation and agreements between countries play a crucial role in combating illegal extraction of natural resources at sea. For example, the Port State Measures Agreement (PSMA) is an international treaty that aims to prevent, deter, and eliminate IUU fishing by strengthening port controls and inspection of fishing vessels. [7] |
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3- Marine Pollution: Oil spills and marine pollution are also serious violations of maritime law. Illegal discharges of oil products and damage to oil pipelines can result in catastrophic oil spills that damage marine biodiversity and ecosystems, as well as negatively impact human health who depend directly or indirectly on the marine environment. |
Convention on International Waterways (MARPOL): this convention establishes rules and regulations to prevent pollution of the marine environment, including rules for waste treatment and prevention of oil discharge. [8] |
Also, the prevention of illegal extraction of natural resources at sea are regulated:
— National legislation: individual countries have their own laws and regulations to control and manage the extraction of natural resources at sea. These laws may include licensing requirements, catch quotas, environmental impact assessments, and penalties for illegal activities. National governments may also establish protected areas to conserve and restore sensitive marine ecosystems and their resources;
— Customs and trade regulations: many countries have implemented customs and trade regulations to combat illegal fishing and the trade of illegally extracted marine resources. These regulations aim to prevent the entry of illegally caught or harvested products into the international market, imposing fines and penalties on individuals and companies involved in such activities.
These laws and regulations are continually evolving and being reinforced to effectively combat illegal extraction of natural resources at sea and ensure the sustainable use of marine ecosystems for future generations.
Shipwrecks are disasters in which a ship crashes and sinks or is destroyed. The history of shipwrecks goes back thousands of years and is associated with many different factors, such as bad weather, crew errors, technical malfunctions, collisions with other ships or underwater obstacles, and other causes.
As early as ancient civilizations, the first laws governing maritime activities were developed. One of the most famous ancient laws is the Rhodes maritime law, dating back to about 800 B.C. [9] It included various provisions for maritime insurance transactions, liability of ship owners, and trading on ships.
Over time, these laws evolved and adapted to changing maritime activities. The Geneva Convention on the Law of the Sea (1958) [10], and the United Nations Convention on the Law of the Sea (UNCLOS) (1982) [2] became very important international statutes. They contain provisions on maritime safety, navigation, rights and duties of maritime traders, liability for accidents, and protection of the marine environment.
Shipwreck problems and solutions
Shipwreck problems include not only loss of life and property damage, but also threats to the environment. The uncontrolled release of oil and other hazardous substances can have long-term effects on the marine ecosystem.
Various measures and laws are being developed and improved to address these problems. Crew training and development is an important aspect. Improving the technical parameters of ships such as the degree of automation, safety systems and navigational equipment also helps in preventing shipwrecks.
In addition, international organizations and states develop laws and regulations which oblige ship owners to comply with certain safety and environmental standards. This includes requirements for ship size and design, collision avoidance systems, fire protection methods, etc.
Improving the Law of the Sea in the area of ship movement
Improving the law of the sea in the area of ship movement involves many aspects. One is the development and implementation of new international agreements and legislation aimed at regulating the movement of ships and ensuring their safety.
An important area of improvement is the establishment and improvement of electronic navigation and traffic control systems at sea. Exchange of information on the location of ships, weather forecasts and other data help to prevent collisions and accidents.
It is also important to develop and improve systems of interaction and coordination between states that regulate maritime activities. This enables more effective response to emergencies, joint rescue and marine pollution control operations.
Problems of the Law of the Sea and how to address them
Law of the Sea problems include the limited jurisdiction of states over international waters, the difficulty of coordination among different states, and the need to update existing laws and agreements to meet today's challenges and technologies.
One way to address these problems is to develop and implement a unified international maritime code that would consolidate all the basic rules, requirements and procedures relating to maritime activities and the movement of ships. This would simplify and improve the application of the law of the sea worldwide.
It is also important to continue cooperation among international organizations, states and shipowners to develop new standards and safety regulations. Sharing experience, information, and advanced technology can help prevent shipwrecks and solve maritime law problems.
To conclude the topic under study, shipwrecks and other incidents affecting maritime law are important aspects of world navigation and commerce. The laws mentioned above regulate maritime activities, including transportation, liability, insurance and other aspects. They are designed to ensure security and protect the interests of all parties involved in maritime transportation. In the case of maritime crimes, the laws listed above define liability for damages and establish procedures for preventing and responding to maritime emergencies.
References:
1. [Electronic resource] // URL: https://www.imo.org/en/About/Conventions/Pages/International-Convention-for-the-Safety-of-Life-at-Sea-(SOLAS),-1974.aspx
2. [Electronic resource] // URL: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
3. [Electronic resource] // URL: https://monmarad.gov.mn/asset/info/conv/en/29.International %20Convention %20for %20the %20Suppression %20of %20Unlawful %20Acts %20against %20the %20Safety %20of %20Maritime %20Navigation %20SUA %201988.pdf
4. [Electronic resource] // URL: https://www.imo.org/en/About/Conventions/Pages/ListOfConventions.aspx
5. [Electronic resource] // URL: https://www.securitycouncilreport.org/un_documents_type/security-council-resolutions/?ctype=Piracy&cbtype=piracy
6. [Electronic resource] // URL: https://oceans-and-fisheries.ec.europa.eu/fisheries/international-agreements/regional-fisheries-management-organisations-rfmos_en
7. [Electronic resource] // URL: https://www.fao.org/port-state-measures/en/
8. [Electronic resource] // URL: https://www.marineinsight.com/maritime-law/marpol-convention-shipping/
9. [Electronic resource] // URL: https://insuranceranked.com/business-insurance/lex-rhodia-rhodian-sea-law
10. [Electronic resource] // URL: https://www.gc.noaa.gov/documents/8_1_1958_high_seas.pdf
