[PPT] - Scandinavian I nstitute Scandinavian I nstitute of of Maritime PowerPoint Presentation

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Safety Safety at at Sea Sea

Prof. Hans Jacob Bull
Prof. Hans Jacob Bull

Post Post doc doc Alla Alla Pozdnakova Pozdnakova

Scandinavian Scandinavian I nstitute I nstitute of

f Maritime

Maritime Law Law

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Course

Course

bjectives
bjectives
Course

Course requirements requirements

– – Reading Reading – – Study Study trip trip – – Guest Guest lectures lectures – – Case Case study study – – Written Written essay essay

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Course Course

bjectives
bjectives
Monday

Monday 14th 14th

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Learn

Learn about about the the safety safety regulation regulation applicable applicable to to ships ships

– – Overview Overview

f
f

safety safety regulation regulation – – Safety Safety at at sea sea in a more general in a more general context context

Freedom

Freedom

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f

navigation navigation

Obligations

Obligations

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f

shipping shipping companies companies

Practical

Practical and legal problems and legal problems

Get

Get insight insight into into the the ’ ’real real-

life

life’ ’ problems, in problems, in particular particular by by meeting meeting experts experts and and working working

n
n

a case a case study study

Master

Master writing writing skills to skills to prepare prepare for Master for Master thesis thesis

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Why Why is is safety safety at at sea sea regulation regulation important important? ?

Disasters

Disasters with with ships ships involving involving not not only

nly

human human life life & & economic economic losses losses but but also also ecological ecological damage damage

– – Exxon Exxon Valdez Valdez, Prestige, Erika , Prestige, Erika etc etc

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Link to video

Link to video with with Full City: Full City:

http://www.tv2nyhetene.no/innenriks/her

http://www.tv2nyhetene.no/innenriks/her-

flyter

flyter-

oljen
ljen-
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full

full-

city

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2841702.html

2841702.html

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Harm to

Harm to the the environment environment can can also also be be done done by by smaller smaller incidents incidents and and intentional intentional spills, spills, disposing disposing

f
f
ily
ily

wastes wastes into into the the sea sea

Safety

Safety conventions conventions provide provide for a general for a general safety safety framework framework and minimum and minimum safety safety requirements requirements

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Shipping Shipping companies companies and and other

ther

’ ’actors actors’ ’ in in shipping shipping are are imposed imposed concrete concrete

bligations
bligations

and and liabilities liabilities with with respect respect to to safety safety

Prevention

Prevention

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f

incidents incidents and and accidents accidents ( (technical technical standards and surveys, standards and surveys, safety safety management management) )

Post

Post-

accident

accident activities activities ( (reporting reporting, , preparedness preparedness, , rescue rescue, , clean clean-

up

up) )

Compensation

Compensation for losses ( for losses (Insurance Insurance

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f

liabilities liabilities) )

Corrective

Corrective measures measures

Administrative

Administrative liability liability

Criminal

Criminal liability liability

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Objectives of safety rules Objectives of safety rules

Prevention

Prevention

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f

accidents accidents with with ships ships

Preparedness

Preparedness and and acute acute response response; ; rescue rescue

Financial

Financial compensation compensation and and insurance insurance

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f

liability liability

Corrective

Corrective measures measures

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International

International nature nature of

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shipping shipping

– – International International conventions conventions – – National National regulations regulations are are important important

Freedom

Freedom

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navigation navigation versus versus rights rights

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the the coastal coastal States States

Flag

Flag States States and and flag flag

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f

convenience convenience problems problems

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Sources Sources

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f

law law

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f

the the sea sea

International

International conventions conventions

Customary

Customary international international law law

General

General principles principles

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f

law law

Judicial

Judicial decisions decisions

Writings

Writings

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f

publicists publicists

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Who Who makes makes the the rules rules? ?

International

International Maritime Maritime Organization Organization (IMO) (IMO) – – ” ”competent competent international international

rganization
rganization”

” in UNCLOS in UNCLOS

– – International International conventions conventions

SOLAS, MARPOL etc.

SOLAS, MARPOL etc.

– – Resolutions Resolutions ( (non non-

binding

binding) )

Guidelines

Guidelines on

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Places Places

f
f

Refuge Refuge

European

European Union Union

– – Regulations Regulations and and Directives Directives – – Norway Norway participates participates via EEA via EEA

UN

UN agencies agencies and and other

ther

international international

rganizations
rganizations

can can develop develop recommendations recommendations and and participate participate in in the the law law-

making

making process process ( (e.g e.g. . International International Labour Labour Organization Organization) )

Individual

Individual States States

– – May May legislate legislate within within the the limits limits permitted permitted by by international international law law

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Who Who implements implements and and enforces enforces the the rules rules? ?

Prescriptive

Prescriptive jurisdiction jurisdiction (legislative) and (legislative) and enforcement enforcement jurisdction jurisdction ( (control control and and related related measures measures) )

Flag

Flag States States

– – Flags Flags

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f

convenience convenience and and open

pen

registries registries – – Classification Classification societies societies – – Public Public authorities authorities ( (usually usually delegate to delegate to classification classification societies societies) )

Coastal

Coastal States States

– – Limited Limited possibilities possibilities

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f

enforcement enforcement under under international international law law

Port

Port States States

– – Port Port State State control control – – Enforcement Enforcement possibilities possibilities for for violations violations

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n
ther
ther

States States’ ’ territories territories

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Structure Structure & & contents contents

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the the course course

Freedom

Freedom

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f

navigation navigation

Safety

Safety conventions conventions and ISM and ISM Code Code

Havarikommisjonen

Havarikommisjonen

Full City case (

Full City case (liability liability systems) systems)

Places

Places

f
f

refuge refuge

Norwegian

Norwegian SSA SSA

Classification

Classification societies societies

P&I Clubs

P&I Clubs

Case

Case-

study

study

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Reading

Reading materials materials are are found found in 3 in 3 compendia compendia that that follow follow the the structure structure

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f

the the course course

– – Legal Legal acts acts ( (conventions conventions etc etc) ) – – Articles Articles and and extracts extracts from from the the books books

Reading

Reading is is required required! !

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Monday

Monday 14th: 14th: Compendium Compendium 1 1

– – UN UN Convention Convention

n
n

the the Law Law

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f

the the Sea Sea (LOSC (LOSC

r
r

UNCLOS) UNCLOS) – – Churchill/ Churchill/Lowe Lowe – – Ő Őz zç çayir ayir – – Tan Tan – – Wene Wene – – Ringbom Ringbom ( (optional

ptional)

)

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Codification of international customary law

Codification of international customary law

f the sea
f the sea
http://www.un.org/Depts/los/index.htm

http://www.un.org/Depts/los/index.htm

LOSC:

LOSC: please review the assigned articles please review the assigned articles! !

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Please review assigned

Please review assigned LOSC LOSC provisions provisions, , with with particular focus particular focus

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n:

:

Flag State duties

Flag State duties: :

– – Arts 94, 97, 98, 194, 217 Arts 94, 97, 98, 194, 217

Innocent passage in the territorial sea

Innocent passage in the territorial sea: :

– – Arts 17 Arts 17 – – 21, 27 21, 27-

28, 211(4), 211(5)

28, 211(4), 211(5)

Enforcement

Enforcement

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pollution pollution rules rules: Arts 218, 220 : Arts 218, 220

Safeguards

Safeguards: Art. 230 : Art. 230

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Study Study trip trip to to the the Maritime Maritime department department

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f

the the Accident Accident Investigation Investigation Board Board

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f

Norway Norway (Havarikommisjonen) (Havarikommisjonen)

In Lillestr

In Lillestrø øm m

– – Start at 10.15 in Start at 10.15 in the the premises premises

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f

the the Board Board – – Train Train around around 9.20 from Oslo S ( 9.20 from Oslo S (details details

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Monday Monday) )

NB:

NB: reading reading is is assigned assigned for for this this day day too too

Prepare

Prepare the the questions questions to ask to to ask to the the representative representative of

f

the the Board Board (William (William Bertheussen Bertheussen) )

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Guest Guest lectures lectures

Det Norske Veritas (DNV)

Det Norske Veritas (DNV)

– – Classification Classification society society ( (’ ’Recognized Recognized Organization Organization’ ’) )

Gard

Gard

– – P&I Club ( P&I Club (Protection Protection and and Indemnity Indemnity Club, Club, mutual mutual association association

f
f

shipowners) shipowners)

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Case Case-

study

study: : Eurasian Eurasian Dream Dream ( (compendium compendium 3) 3)

Friday

Friday 18th September 18th September

Team

Team work work in in groups groups ( (will will be be assigned assigned): ):

– – Factual Factual circumstances circumstances – – Legal Legal issues issues (ISM (ISM Code Code) ) – – Legal arguments Legal arguments – – Legal Legal reasoning reasoning by by the the court court – – Final Final conclusions conclusions by by the the court court

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Written Written essay essay

Individual

Individual written written essay essay on

n

an an assigned assigned question question ( (choice choice) )

Deadline 12

Deadline 12 October October 2009 2009

The