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The Master's Practical Guide to Maritime Law
£ 250
This first edition of The Master’s Practical Guide to Maritime Law is a comprehensive, easy to follow guide written specifically for Masters.
When something goes wrong on board, legal issues often arise, and it is the Master’s responsibility to react appropriately. A Master is not a lawyer, but needs to understand how to respond within the confines of the law to protect the interests of themselves, the shipowner and other crew members. This guide bridges the gap between theory and practice by exploring practical real-world scenarios commonly encountered by Masters, whether in port or at sea. It offers valuable guidance on how to approach legal issues effectively, highlighting best practices, and providing expert advice on managing legal risks with particular emphasis on the commercial aspects that form a significant part of every Master’s responsibilities on board.
This guide is a valuable educational resource, not only for Masters but for individuals working across the whole industry. Chief officers, shipowners, P&I Clubs, officers in training and training institutions would all benefit from accessing a copy.
The Master’s Practical Guide to Maritime Law is:
- A detailed, practical guide relevant to real-life situations.
- Designed to help Masters protect themselves within the legal framework.
- Equally suited to seasoned Masters seeking to refresh their knowledge and Masters embarking on their first voyage.
- An easily accessible resource helping Masters navigate common legal issues and pitfalls and assist in protecting the shipowner’s interest.
- A guide covering both criminal and commercial law.
Additional Information
| Author | International Chamber of Shipping and International Federation of Shipmasters' Associations |
| Publisher | International Chamber of Shipping Publications |
| Edition | First Edition |
| Publication month | 2023 - October |
| ISBN | 978-1-913997-47-2 |
| Shipping Weight | 1.400Kg |
Resources
Contents
Abbreviations Definitions Editorial notes Part 1: General Chapter 1: Introducing the law 1.1 Introduction 1.2 Law 1.2.1 Maritime law 1.3 Applicable law on board 1.4 Legal systems 1.5 How the law is divided up 1.6 International law 1.6.1 General 1.6.2 International agreements 1.6.3 MoU 1.7 National law 1.7.1 Public national law 1.7.2 Private national law and other rules 1.8 Maritime zones and jurisdictions 1.8.1 Maritime zones 1.8.2 Freedom of navigation 1.8.3 Jurisdiction 1.8.4 Flag State principle 1.8.5 Law and order on board 1.9 Master’s best practices 1.9.1 The Master and the law 1.9.2 The Master and maritime zones and jurisdictions Chapter 2: The Master’s responsibilities to the shipowner 2.1 Introduction 2.2 The Master’s roles and tasks 2.3 Statutory tasks 2.3.1 The Master and the ISM Code 2.3.2 The Master’s special statutory responsibilities 2.4 Technical tasks 2.5 Commercial tasks 2.6 Some specific tasks for the Master 2.6.1 The Master as the last person on board 2.6.2 The Master on multiple ships 2.6.3 Master’s role during dry docking 2.7 Master’s best practices Chapter 3: Master’s overriding authority and discretion 3.1 Introduction 3.1.1 Master: command and control 3.1.2 The Master as representative of the shipowner 3.1.3 Legal authority 3.2 Master’s discretion for safety and the marine environment 3.3 Master’s discretion for safety and security 3.4 Master’s overriding authority 3.4.1 ISM/SMS 3.5 Summary of the Master’s overriding authority and discretion 3.6 Master’s best practices Chapter 4: Personnel management 4.1 Introduction 4.2 Master and personnel management 4.2.1 IMO/ILO 4.2.2 Crewing numbers 4.2.3 Quality 4.2.4 Seafarers’ hours of work and rest 4.2.5 Seafarers’ familiarisation 4.3 Management of shipboard health and quarantine 4.3.1 Physical health 4.3.2 Mental health 4.3.3 Quarantine 4.4 Master’s best practices 4.4.1 Documents 4.4.2 Duties and rights of the Master Chapter 5: Master’s liability, accountability, responsibility and risks 5.1 Introduction 5.2 Liability 5.3 Accountability 5.4 Responsibility 5.4.1 Statutory responsibilities 5.4.2 Commercial responsibilities 5.5 Limits on liability, accountability and responsibility 5.5.1 Crew misconduct 5.6 Risks 5.6.1 Typical definitions of risk 5.6.2 Legal risks 5.6.3 Commercial risks 5.6.4 Risk of civil liabilities 5.7 Mitigation of risks 5.7.1 Mitigation of legal risks 5.7.2 Mitigation of commercial risks 5.8 Negligence 5.8.1 Negligence 5.8.2 Gross negligence 5.8.3 Negligence under international law 5.8.4 Negligence under national law 5.8.5 Negligence under contracts 5.9 Master’s best practices Chapter 6: Third persons on board 6.1 Introduction 6.1.1 Seafarers and non-seafarers 6.2 Third persons on board 6.2.1 Third persons 6.2.2 Third person claims damage 6.2.3 Third person causes damage 6.3 Master’s best practices 6.3.1 Best practices on reporting by the Master Part 2: Statutory/legal Chapter 7: Master’s criminal accountability and criminal investigation authority 7.1 Introduction 7.2 Master and criminal accountability 7.2.1 Pollution 7.2.2 Illicit trafficking 7.2.3 Marine casualties 7.3 Master and criminal investigation authority 7.3.1 Criminal investigation 7.3.2 Enforcement measures 7.3.3 Suspect on board 7.4 Master’s best practices 7.4.1 The Master as suspect under criminal law 7.4.2 Master as investigator under criminal law Chapter 8: General average and particular average 8.1 Introduction 8.2 Particular average 8.3 General average 8.3.1 York-Antwerp Rules 8.4 Keeping records and reporting 8.4.1 Keeping records 8.4.2 Reporting 8.5 Master’s best practices Chapter 9: Master’s role in marine casualty and accident investigation procedures 9.1 Introduction 9.2 International law 9.2.1 Conventions 9.2.2 Definitions 9.3 Marine safety investigation 9.3.1 Reporting 9.3.2 Protection of evidence 9.3.3 National marine safety investigation 9.4 Master’s best practices Chapter 10: Maritime security 10.1 Introduction 10.1.1 The ISPS Code 10.1.2 The Master 10.2 Cyber security 10.2.1 Threats 10.2.2 Cyber risk management 10.2.3 Master and cyber security 10.3 Piracy 10.3.1 Introduction 10.3.2 Protective measures 10.3.3 Private armed guards 10.3.4 Master and piracy 10.4 Stowaways 10.4.1 Prevention 10.4.2 Disembarkation of stowaways 10.4.3 Master and stowaways 10.5 Migrants, refugees and asylum seekers 10.5.1 Rendering assistance 10.5.2 Disembarkation of rescued persons 10.5.3 The Master and rendering assistance 10.6 Master’s best practices 10.6.1 Cybercrime 10.6.2 Piracy 10.6.3 Stowaways 10.6.4 Migrants/rescued persons Part 3: Commercial Chapter 11: Marine insurance: Hull and Machinery (H&M) and Protection and Indemnity (P&I) 11.1 Introduction 11.1.1 Marine insurance 11.1.2 Marine insurance policies 11.2 H&M insurance 11.3 P&I insurance 11.4 Legal context 11.5 Master’s best practices 11.5.1 Risk management 11.5.2 Seaworthiness 11.5.3 Reporting 11.5.4 The ISM Code 11.5.5 International navigation conditions Chapter 12: Risk management of cargo handling and ship stability 12.1 Introduction 12.2 Risk management of cargo handling 12.2.1 Framework of international law 12.3 Stability and risk management 12.3.1 Stability Booklet 12.3.2 SOLAS 12.3.3 Tankers and MARPOL 12.4 Master’s best practices 12.4.1 Cargo handling 12.4.2 Ship stability Chapter 13: Towage and salvage compared 13.1 Introduction 13.2 Towage 13.2.1 Planned towage operations 13.2.2 Emergency towage 13.2.3 Towing Master’s responsibilities 13.3 Salvage 13.3.1 The Master’s authority and responsibilities 13.3.2 Contracts 13.3.3 Lloyd’s Open Form (LOF) 13.4 Towing or salvage 13.5 Master’s best practices 13.5.1 Towage 13.5.2 Salvage Chapter 14: Carriage of goods by sea: common carrier versus private carrier 14.1 Introduction 14.1.1 Carrier 14.1.2 Specific carriers 14.2 Common carrier 14.3 Private carrier 14.4 Master’s best practices Chapter 15: The Master’s contractual obligations in cargo management 15.1 Introduction 15.1.1 Types of ship 15.2 Dangerous goods 15.2.1 Material Safety Data Sheet 15.3 Wet cargo 15.3.1 Legal framework – wet cargo in bulk 15.3.2 Contractual framework – wet cargo 15.4 Dry cargo 15.4.1 Legal framework – dry cargo in bulk 15.4.2 Contractual framework – dry cargo 15.5 Master’s best practices Chapter 16: Charterparties’ fundamental terms 16.1 Introduction 16.2 Charterparties 16.2.1 Contract 16.2.2 Description of the charterparty 16.2.3 Standard charterparty form 16.3 Main types of charter 16.3.1 Voyage charter 16.3.2 Time charter 16.3.3 Bareboat charter 16.4 Allocation of costs 16.5 List of charterparty terms 16.6 Master’s best practices 16.6.1 Master as representative of the shipowner 16.6.2 Master and charterer Chapter 17: Shipowner’s and charterer’s risks and responsibilities 17.1 Introduction 17.2 Risks 17.2.1 Master’s risks 17.2.2 The charterer’s risks 17.2.3 The shipowner’s risks 17.3 Responsibilities 17.3.1 Responsibilities of the Master 17.3.2 The charterer’s responsibilities 17.3.3 Responsibilities of the shipowner 17.4 Master’s best practices Chapter 18: Laytime and demurrage 18.1 Introduction 18.2 Laytime 18.2.1 Defining laytime 18.2.2 Other relevant terms 18.3 Demurrage and despatch 18.3.1 Master’s role at laytime and demurrage 18.4 Master’s best practices Chapter 19: Documentation 19.1 Introduction 19.2 Notice of readiness 19.2.1 Communication 19.2.2 Contents of the notice of readiness 19.3 Paper bill of lading 19.3.1 Bill of lading under international law 19.3.2 Legitimacy of the bill of lading 19.4 Electronic bill of lading 19.5 Letter of indemnity 19.6 Mate’s receipt and tally 19.6.1 Mate’s receipt 19.6.2 Tally 19.7 Note of protest 19.7.1 Submitting a note of protest 19.7.2 Letter of protest 19.8 Waybills 19.9 Signing of documents 19.10 Master’s best practices 19.10.1 Notice of readiness 19.10.2 Bill of lading 19.10.3 Letter of indemnity 19.10.4 Mate’s receipt and tally 19.10.5 Note or letter of protest Chapter 20: Cargo damage 20.1 Introduction 20.2 Types of cargo damage 20.2.1 Cargo damage during transit 20.2.2 Cargo damage during loading and discharging 20.3 Master, cargo damage and liability 20.4 Master’s best practices Chapter 21: Ship damage by cargo or during cargo operations 21.1 Introduction 21.2 Types of damage to the ship from cargo 21.2.1 Applicable laws and regulations 21.2.2 Ship damage during loading or discharging operations 21.2.3 Ship damage from dangerous goods 21.3 Master and ship damage by cargo 21.3.1 Seaworthiness 21.3.2 Claim handling 21.4 Master’s best practices Appendices Appendix A Useful maritime abbreviations Appendix B International maritime agreements Appendix C Examples of documents Appendix D References Appendix E Glossary of maritime legal terms Index |
Foreword
This practical guide to maritime law for Masters serves as a compass, both for seasoned Masters seeking to refresh their knowledge and those Masters who may be embarking on their very first voyage, guiding everyone through the legal intricacies that define our maritime world. Developed by the International Chamber of Shipping (ICS), the International Federation of Shipmasters’ Associations (IFSMA), and a panel of experienced Masters and shipping company representatives, this guide offers practical insights and real-world examples that reflect current best practices for shipping companies and Masters alike, with particular emphasis on the commercial aspects that form a significant part of every Master’s responsibilities on board. Maritime law encompasses a wide range of subjects, from jurisdiction to cargo claims, from marine insurance to pollution regulations, and from collision liability to crew rights. With each passing year, new laws emerge, and existing regulations evolve, adding layers of complexity to an already intricate legal landscape. In this guide, Masters will gain a comprehensive understanding of their rights, responsibilities, and obligations under maritime law. From the start of a voyage to its end, this guide covers crucial legal responsibilities in areas such as ship documentation, contractual relationships, cargo carriage, crimes on board, dealing with local legal enforcement, and the international conventions that underpin the global maritime legal framework. Moreover, this guide bridges the gap between theory and practice by exploring practical, real-world scenarios commonly encountered by Masters at sea. It offers valuable guidance on how to approach legal issues effectively, highlighting best practices, and providing expert advice on managing legal risk and dispute resolution. By doing so, it empowers Masters to make informed decisions that uphold legal compliance while ensuring the safety of the crew, ship, environment and cargo, and discharging the Master’s responsibilities towards both the shipowner and the charterer or cargo interest. While this guide strives to offer a comprehensive overview on legal issues the Master may encounter, it is important to note that it does not replace the need for qualified legal counsel in complex matters. Maritime law is a vast and ever-evolving field, influenced by a multitude of international, regional, and national regulations. As such, when any uncertainty exists, it is advisable to request advice from the shipowner or seek professional advice when faced with intricate legal challenges beyond the scope of this guide. |
Introduction
1 Introducing the law 1.1 Introduction In this guide, the ‘Master’ means the person in command of a ship. The Master has: • Tasks; • Responsibilities; • Authorities; • Rights; and • Obligations. The Master is sometimes referred to as the Master Mariner, Shipmaster, Captain, Commander or Skipper, but in this guide the term ‘Master’ is used for consistency. The Master fulfils a complicated legal position under international law. They and the ship sail through international waters and the national waters of countries which are subject to different laws and regulations. The Master has different responsibilities under the law to the shipowner, who the International Maritime Organization’s (IMO) International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) defines as “the owner of the ship, or another organisation or person such as the manager or the bareboat charterer who has assumed responsibility for the operation of the ship from the shipowner, and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the Code”. Because of the increasing number of legal incidents and the criminalisation of seafarers in general and the Master in particular, the latter should be aware of which laws and regulations apply to the ship as it sails through the waters of different countries or calls at their ports during its voyage. This guide describes the Master’s legal position under international and national maritime law as well as in relation to their contractual obligations. It provides the Master with guidance and best practice in maritime law. This chapter introduces the subject of law from the perspective of the Master and acts as an introduction to the chapters that follow. |