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Captains Legal

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Captains Legal

As you sail around the world you will come into contact with various rules and regulations, some of which you are familiar with and others not, especially those applicable only to the country that the ship is visiting. However, maritime law is designed to be internationally applied wherever a ship is and, in theory at least, is designed to deal with maritime incidents regardless of flag or administration.

There are a number of books dealing with all the aspects of maritime law and business and ‘The Shipmaster’s Business Companion’ by Malcolm Maclachlan is an excellent book for those wishing to delve further into maritime law, particularly for British vessels. However, the aim of this book ‘Captains Legal’ is to explain, in plain language, the laws for incidents and problems that a Master might encounter on an average vessel, of any registration, while going about normal business on the seas and in the ports.

As this book will show, there is a time to wave the books of law around and there are times to sit down and negotiate. The art is knowing the time and place to do either of these. Tug Fees $1,250, Berthing Dues $3,000, Pilotage Fees $1,750, Garbage Fine $250. Catching the Last Tide Out…Priceless. There are Some Things Money can Buy, for Everything Else There’s a Shipmaster’s Means of Persuasion
1 Who Owns the Seas? 1 1.1 The High Seas 3
1.2 Illegal Narcotics 5
1.3 Terrorism 7
1.5 Passage through Straits 13
1.6 Contiguous Zone 15
1.7 Exclusive Economic Zone 16
1.8 Continental Shelf 17
1.9 Internal Waters 17
2 Criminal Jurisdiction 18
2.1 Civil Jurisdiction in Relation to Foreign Ships 23
3 The Flag State 24
3.1 Duties of the Flag State 24
3.2 Flag State Penal Jurisdiction 26
4 Pollution 28
4.1 The Rights of the State 30
4.2 Sewage 38
4.3 Prevention of Pollution by Garbage from Ships 38
4.4 Garbage Management Plans 42
4.5 The Investigation of Ships 42
4.6 The Ship’s Rights 43
5 Stowaways 45
5.1 Stowaway Onboard 48
5.2 The State of Embarkation 52
5.3 The Flag State 52
5.4 Inadequate Documentation 53
6 Port of Refuge 55
6.1 Towing and Salvage 58
6.2 Act of Voluntary Salvage 58
6.3 Towage 58
6.4 Tow or Salvage 59
6.5 Pollution Compensation 60
7 Charterers and Charter Party 61
7.1 The Voyage Charter 61
7.2 The Time Charter 61
7.3 Bareboat Charters 61
7.4 Charter Party Disputes 61
7.5 Affreightment 62
7.6 Bill of Lading 63
7.7 Mate’s Receipt 64
7.8 Deadfreight 65
7.9 Safe Port 65
7.10 Laytime 66
7.11 Demurrage 66
7.12 Notice of Readiness (NOR) 66
7.13 On-Hire, Off-Hire 67
7.14 Cargo Stowage 68
7.15 Stevedore Damage 69
7.16 Protest 69
8 Insurance 71
8.1 P&I Clubs 71
8.2 General Average 73
9 Ballast Water Management 74
10 Operating in Ice 77
11 Ocean Routeing 81
12 Refugees 83
12.1 The Ship is not a Place of Safety 84
13 Mutiny 86
13.1 A Recent Act of Mutiny? 87
14 The Fair Treatment of Seafarers (After a Maritime Accident) 89
14.1 Flag State 92
14.2 The Seafarer’s State 93
14.3 The Shipowner 94
14.4 The Seafarer 94
15 Shore Leave and Seafarers Rights 98
15.1 Seafarers Rights Onboard 99
15.2 Legal Assistance for Seafarers 100
16 Manning and Fatigue 102
17 Port State Control 105
17.1 Areas Where the Port State Control Operates 105
17.2 The Inspectors 106
17.3 Targeting Ships 106
17.4 The White List 107
17.5 The Grey List 107
17.6 The Black List 107
17.7 Inspections 107
17.8 Types of Inspections 108
17.9 Detention 109
17.10 Safeguards 109
18 The Law in Inland Waters 110
18.1 The Arrest of Ships 111
18.2 The Powers of Arrest 112
18.3 Release from Arrest 112
18.4 The ISPS Code 113
19 Conclusion 114