Law Of The Sea: Concepts and Transportation

By : Devanshu Gupta Intern (Litigation Team)Clasis Law

Law of the Sea Conventions, 1958Convention on the Territorial Sea and the Contiguous ZoneConvention on the High SeasConvention on Conservation of the Living Resources of the High Seas & fishingTheHagueVisby Rules, 1968Carrier has greaterbargaining powerthan the shipper, and to protect the interests of the shipper/cargo-owner, the law should impose some minimum obligations upon the carrier.Rules made on Freight rate ,General average Marine insurance ,Marine salvage , Maritime lien, Ship mortgage, Ship registration , Ship transport , Shipping, International Regulations for Preventing Collisions at Sea

United Nations Convention on the Law of the Sea, 1982International agreement resulted from the third United Nations Conference on the Law of the Sea, Signatories-157.The convention set the limit of various areas, measured from a carefully defined baseline: Internal waters , Territorial waters, Archipelagic waters, Contiguous zone, Exclusive economic zones(EEZs), Continental shelf

Conventions On Law of the Sea :

Sea Concepts

1. The Normal Rule

The normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as shown by the appropriate symmbols on charts officialy recognized by the coastal state (LOSC Art. 5)

2.Straight Baselines

Drawn not from the low water line but from a series of artificial lines

Constructing Baselines

Possible solutions:

A comprehensive international regime with organization

Extended coastal state jurisdiction, and coastal stateobligations

Strict obligations for flag states to regulate and enforceThe question: How to regulate and control activities outside territorial waters, on the high seas...The Free Sea?

Article 192: General obligation. States have the obligation to protect and preserve the marine environment.

Article 193 Sovereign right of States to exploit their natural resources. In accordance with their duty to protect and preserve the marine environment.

Article 194 Measures to prevent, reduce and control pollution of the marine environment States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source.

Article 211 Pollution from vessels .States acting through the competent international organization or general diplomatic conference shall establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels.

UNCLOS Marine Environment

Source: Shipping density data adapted from National Center for Ecological Analysis and Synthesis, A Global Map of Human Impacts to Marine Ecosystems.

Sea Transportation

DEFINATIONS IN SEA TRANSPORTATION

Shipper- means any person by whose name a contract of carriage of goods by sea has been concluded with a carrier. Consignee- means the person entitled to take delivery of the goods. Carrier means any person by whose name a contract of carriage of goods by sea has been concluded with a shipper. Actual carrier- means any person to whom the performance of the carriage of the goods has been entrusted by the carrier."Bill of lading Means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking.

Article 14. Issue of bill of lading

1. ISSUANCE- When the carrier or the actual carrier takes the goods in his charge, the carrier must, on demand of the shipper, issue to the shipper a bill of lading2. DELEGATION- The bill of lading may be signed by a person having authority from the carrier. A bill of lading signed by the master of the ship carrying the goods is deemed to have been signed on behalf of the carrier. 3. SIGNATURE- The signature on the bill of lading may be in handwriting, printed in facsimile, perforated, stamped, mechanical or electronic means, if not inconsistent with the law of the country where the bill of lading is issued.

Issue of bill of lading

Cont.CONTENTS OF BILL OF LADING

The bill of lading must include, inter alia, the following particulars:

(a)The general nature of the goods , the number of packages and the weight of the goods. All such particulars as furnished by the shipper;(b)the name and principal place of business of the carrier;(c)the name of the shipper;(d)the port of loading and the date on which the goods were taken over by the carrier at the port of loading;(e)the port of discharge;

_______fills in the form and sends it to the ship, then the officer of ___________________ checks the goods and signs the Bill. The shipping company sends the Bill of Lading to the __________or his__________. These negotiable Bills of Lading are used for payment. They are passed on to the _________or the ________________in the importing country. Then the Bills of Lading together with other shipping documents are presented to the ________________when the ships arrives. The shipping company compares the negotiable Bills of lading with their copy on the ship. Then the __________can obtain the goods from the ship.

(The shipper fills in the form and sends it to the ship, then the officer of the shipping company checks the goods and signs the Bill. The shipping company sends the Bill of Lading to the exporter or his bank. These negotiable Bills of Lading are used for payment. They are passed on to the buyer or the exporters agents in the importing country. Then the Bills of Lading together with other shipping documents are presented to the shipping company when the ships arrives. The shipping company compares the negotiable Bills of lading with their copy on the ship. Then the buyer can obtain the goods from the ship.)

Process

COMPARISON OF HAGUE-VISBY AND HAMBURG RULESHague-Visby Rules

Applicability: Apply to contract of carriage by sea evidenced by Bill of Lading (Art.1)

Applied to all outward shipment from U.K but to import only if State has issues BOL.Hamburg Rules

Titled UN Convention On Carriage Of Goods by Sea 1978. Intended to suspend Hague rules 1924 and Visby amendment 1968Applies to all contract for carriage of goods by sea between two states(Art.2)

Does not depend on BOL

Wider ambit was given.

The International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading.Originally adopted in 1924 and commonly known as the Hague Rules.Extensively amended in 1968 and this version is known as the Hague-Visby Rules. Most countries are parties to the 1924 Rules.

The domestic legislation implementing these conventions are typically called Carriage of Goods by Sea Acts (COGSAs). India Has Carriage Of Goods By Sea Act 1924Many states have supplementary legislation that also governs bills of lading in both municipal and international settings. Governing law in Bill of Lading

Carriers who issue a proper bill of lading are exempt from liability for damages that arise from various perils, such as:Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship;Fire, unless caused by the actual fault of the carrier;Perils, dangers and accidents of the sea or other navigable water;

These immunities are strictly construed. A carrier will be responsible despite any listed exemption if it failed to exercise due diligence in carrying out its fundamental duties.

The Carriers Immunities Under a Bill of Lading