INTERNATIONAL LEGISLATION
CHAPTER 10
A: International Maritime Organization
10.1 Shipping being an international activity is required to confirm the international regulations, treaties and similar bilateral agreements. Till the end of the Second World War, most of the agreements were confined to a few nations and that their origin in the British or European laws or practices. With the establishment of the U.N.O, a body under its auspices was founded which was known as Inter-Governmental Maritime Consultative Organization – later on renamed as International Maritime Organization (I.M.O.). The extensive work done by this body encompasses almost every branch of shipping activity which contributes to Safety of Life at Sea. The I.M.O., when examining any subject, receives advice, suggestions and criticism of all nations who are its members.
10.2 India is a party to several conventions developed by the I.M.O. and the United Nations Organization. The International Labour Organization also develops conventions and recommendations relating to the working conditions of seafarers, their safety, identity and other welfare measures for the seafaring community at large. India is a member of International Labour Organization also. To give effect to the requirements of all these conventions, suitable statutory provisions have been made in the Merchant Shipping Act 1958. The Act is also suitably amended as per the requirements of the conventions for giving statutory backing for implementation of the provisions of these conventions.
10.3 So far as the I.M.O. is concerned, a list of conventions and protocols developed since its inception is given below. Out of 36 instruments developed so far, India has ratified 18 instruments and another seven are under consideration for ratification. Some of the conventions are not in force internationally. While for some, taking into consideration the national interest, India has decided not to ratify. The following is the list of final instruments developed by I.M.O., their date of entry into force internationally and India's position about their ratification.
List of Instruments Developed by I.M.O.
| Instrument |
In force w.e.f. |
|
| 1. International Convention for the Safety of Life at Sea 1974 as amended SOLAS ((Amended) 1974)) |
25.5.1980 |
Ratified |
| 2. Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 |
1.5.1982 |
Ratified |
| 3. Protocol of 1988 relating to the International Convention for the Safety of Life at Sea 1974 (SOLAS PROT (HSSC)1988) |
Not Yet In Force |
|
| 4. Convention of the International Regulations for Preventing Collisions at Sea, 1972 as amended (COLREG (amended) 1972) |
15.7.1977 |
Ratified |
| 5. The protocol relating to the International Convention for the Prevention of pollution from Ships, 1973 as amended (MARPOL(Amended)73/78) |
2.10.1983 |
Ratified |
| 6. Convention on Facilitation of International Maritime Traffic 1965 as amended (FAL (Amended) 1965) |
5.3.1967 |
Ratified |
| 7. International Convention of Loadline, 1966 (LL 1966) |
21.7.68 |
Ratified |
| 8. Protocol of 1988 relating to the International Convention on Loadlines, 1966 (LL PROT(HSSC) 1988) |
Not Yet In Force |
|
| 9. International Convention on Tonnage Measurement of ships, 1969 (TONNAGE 1969) |
18.7.82 |
Ratified |
| 10. International Convention relating to Intervention on the High Seas in cases of Oil Pollution Casualties 1969 (Intervention 1969) |
6.5.75 |
Under Consideration. |
| 11. Protocol relating to Intervention on High Seas in cases of pollution by substances other than oil 1973 (INTERVENTION PROT 1973) |
30.3.83 |
-- |
| 12. International Convention on Civil Liability for oil pollution damage, 1969 (CLC 1969) |
19.6.75 |
Ratified |
| 13. Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC PROT 1976) |
8.4.81 |
Ratified |
| 14. Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage 1969 (CLC PROT 1992) |
30.5.96 |
-- |
| 15. Special Trade Passenger Ships Agreement, 1971 (STP 1971) |
2.1.74 |
Ratified |
| 16. Protocol on Space Requirement for Special Trade Passenger Ships 1973 (SPACE STP 1973) |
2.6.77 |
Ratified |
| 17. Convention relating to Civil Liability in the field of Maritime Carriage of Nuclear Material, 1971 (NUCLEAR 1971) |
15.7.75 |
Considered and decided not to ratify. |
| 18. International Convention on the establishment of an International Fund for compensation of Oil Pollution Damage 1971 (FUND 1971) |
16.10.78 |
Ratified |
| 19. Protocol to the International Convention on the establishment of an International Fund for compensation for oil pollution damage 1971(FUND PROT 1976) |
22.11.94 |
Ratified |
| 20.. Protocol of 1992 to amend the International Convention on the establishment of an International Fund for the compensation of Oil Pollution Damage 1971(FUND PROT 1992) |
30.5.96 |
Under Consideration |
| 21. International Convention for Safe containers, 1972 as amended (CSC (Amended) 1972) |
6.9.77 |
Ratified |
| 22. Athens Convention relating to the Carriage of Passengers and their luggage by Sea 1974 (PAL 1974) |
28.4.87 |
-- |
| 23. Protocol to the Athens Convention relating to the Carriage of Passengers and their luggage by Sea 1974 (PAL PROT 1976) |
30.4.89 |
-- |
| 24. Protocol of 1990 to amend the Athens Convention relating to the Carriage of Passengers and their luggage by Sea 1974 (PAL PROT 1990) |
Not Yet In Force |
|
| 25. Convention Agreement on the International maritime Satellite Organization (INMARSAT) as amended (INMARSAT c(Amended)) |
16.7.79 |
Ratified |
| 26. Operating Agreement on the International Maritime Satellite Organization INMARSAT (INMARSAT OA)(Amended) |
16.7.79 |
Ratified |
| 27. Convention on limitation of liability for Maritime Claims 1976 (LMC 1976) |
1.12.86 |
-- |
| 28. International Convention on Standards of Training Certification and Watch-keeping for seafarers, 1978 (STCW 1978) |
28.4.84 |
Ratified |
| 29. International Convention on Maritime Search and Rescue, 1979 (SAR 1979) |
22.6.85 |
Under Consideration. |
| 30. Convention for suppression of Unlawful Acts against the Safety of Maritime Navigation (SWA 1988) |
1.3.92 |
Under Consideration. |
| 31. Protocol for the suppression of unlawful acts against the Safety of Fixed Platforms located on the Continental Shelf (SWA PROT 1988) |
1.3.92 |
Under Consideration. |
| 32. International Convention on Salvage 1989 (SALVAGE 1989) |
14.7.96 |
Ratified |
| 33. International Convention on Oil Pollution Preparedness response and cooperation 1990 (OPRC 1990) |
13.5.95 |
Under Consideration. |
| 34. Convention on the Prevention of Marine Pollution by Dumping of Wastes, and other matter 1972 as amended (LDC (Amended) 1972) |
30.8.75 |
Consideration kept in abeyance |
| 35. International Convention on Standard of Training Certification and Watch-keeping for fishing Vessels Personnel (STCW-F) |
Not yet In force |
|
| 36. Torremolinos Protocol of 1993 relating to the Terremolinos International Convention for the Safety of Fishing Vessels 1977 (SFV PROT 1993) |
Not yet In force |
|
10.4 The position in respect of the remaining Conventions Protocols (after deducting those ratified and under consideration mentioned above) is as follows:-
(i) Protocol relating to Intervention on High Seas in cases of pollution by substances other than oil 1973.
This protocol, which came into force on 30.3.87 contains provisions relating to pollution of High Seas by sewage, by nuclear substances or by chemical. The provisions of this convention are also relevant in terms of intervention convention 1969. Therefore, action will be initiated after examining the issues involved therein including the financial implications to ratify this protocol.
(ii) Convention relating to Civil Liability in the fields on Maritime Carriage of Nuclear Materials 1971.
This Convention which came into force on 15.7.75 mainly lays down the liability of owners of vessels for carriage of nuclear material. This Convention confirms and reinforces the special system establishment by the Convention on Civil Liability for Nuclear Damage 1963 (also known as Vienna Convention). This subject has also been mentioned in the convention on third party liability in the field of Nuclear Energy 1960 (also known as 1960 Paris convention). The Department of Atomic Energy while considering the ratification 1963 Vienna Convention has expresssed that India should not become party to 1963 Vienna convention for the following main reasons:-
(a) No important country has become a party to it. Consequently, participation in the Convention would have very limited advantage.
(b) Its features are of little appeal or applicability or relevance to India, and no advantage will accrue to India as a result of participation in it.
They further advised that no useful purpose would be served by ratifying the present convention without becoming party to the Vienna Convention. The Ministry of Surface Transport after having considered the views expressed by the Dept. of Atomic Energy agreed not to press for ratification of this Convention. The position remains the same as on date.
(iii) , (iv) & (v) The Athens Convention relating to the Carriage of Passengers and their luggage by sea 1976 and 1990 protocols.
This Convention lays down the liability of Shipowners for death or personal injury to a passenger and also for loss of or damage to Passenger luggage if the incident causing such damage was due to the fault or the neglect of the carrier or his servants or agents. The Liability has been fixed at such a high level (ranging from 18000 francs for loss of / damage, to 7,00,000 francs for death or personal injury). The Indian shipowners who operate Passenger services only in Coastal waters have opposed stating that acceptance of such heavy liability would necessitate substantial increase in passenger fares and Insurance cover. It may be stated that the provision of M. S. Act already provide for liability of owners for personal and property claims, which is lower than the liability under the Athens Convention. Further, there was a proposal to incorporate in the M. S. Act, 1958 specific provisions for casting a liability on shipowners to pay compensation for death or injury to passengers upto Rs. 1 lakh irrespective of whether the owner is at fault or not. However, the M. S. Act Review Committee which was set up to review the existing Act recommended giving powers to the Central Govt. to fix such lower limit of liability on Shipowners of ships (in respect to claims related to passengers carried by the ships in coastal trade of India) as may be notified by the Central Govt. from time to time. Simultaneously the committee did not favor the system of payment of specific compensation irrespective of shipowners fault as claimants could claim even higher compensation but within the limit notified by government as suggested above. For these reasons, the ratification of Convention / Protocols has not been taken up.
(vi) The Convention on Limitation of Liability for Maritime Claims, 1976.
This Convention has replaced International Convention relating to the Limitation of Liability of owners of seagoing ships, 1957. It came into force from 1st December, 1986. The provisions of 1957 Convention have already been incorporated in the M. S. Act, 1958. The 1976 Convention mainly increase the amounts of limits of liability for loss of life or damage to property by almost two to four times the limits prescribed by the 1957 Convention. It has also specific provision for compensations to be given for death or injury of a passenger and loss or damage to passengers luggage equivalent to the provisions of the Athens Convention.
(vii) The Torremolinos International Convention on safety of fishing vessels 1977 (revised by protocol of 1993)
This Convention which has not come into force prescribed international standards for construction, survey, equipment, maintenance and operation of fishing vessels propelled by mechanical means of propulsion. It has not come into force. The question of its ratification by India has not yet been considered since there are very few fishing vessels of the type mentioned in the convention, operating in India. However the provisions of the convention are kept in mind while approving while approving technical plans relating to construction of new fishing vessels.
B: International Labour Organization.
10.5. The International Labour Organization (ILO) has developed number of conventions and recommendations relating to the seafarers working on board the ships. India has ratified some of the Conventions. Although a number of the Conventions mentioned below are not ratified by India, the requirements mentioned in these International Conventions are complied according to Indian situation by incorporating relevant provisions in the M. S. Act 1958 and by way of an agreement between seafarers and Shipowners called National Maritime Board Agreement. The details of the Convention developed by International Labour Organization are furnished below :
| Sr. No |
Name of the Convention |
Convention No. |
Whether ratified or not |
| 1 |
Minimum Age (Sea) Convention 1920 |
07 |
Not ratified |
| 2 |
Minimum Age (Sea) Convention (Revised) 1936 |
58 |
Not ratified |
| 3 |
Unemployment Indemnity (Shipwreck) Convention 1920 |
08 |
Not ratified |
| 4 |
Placing of Seamen Convention 1920 |
09 |
Not ratified |
| 5 |
Minimum Age (Trimmers and Stockers) Convention 1921 |
15 |
Ratified |
| 6 |
Medical Examination of Young Persons (Sea) Convention 1921 |
16 |
Ratified |
| 7 |
Seamen's Articles of Agreement Convention 1926 |
22 |
Ratified |
| 8 |
Repatriation of Seamen Convention 1926 |
23 |
Not Ratified |
| 9 |
Officer's Competency Certificate Convention 1936 |
53 |
Not Ratified |
| 10 |
Holiday with pay (Sea) Convention 1936 |
54 |
Not Ratified |
| 11 |
Shipowners liability (Sick and Injured Seamen) Convention 1936 |
55 |
Not Ratified |
| 12 |
Sickness Insurance (Sea) Convention 1936 |
56 |
Not Ratified |
| 13 |
Hours of work and manning (Sea) Convention 1946 |
54 |
Not Ratified |
| 14 |
Food and catering (Ship's Crew) Convention 1946 |
68 |
Not Ratified |
| 15 |
Certification of ship's cooks convention 1946 |
69 |
Not Ratified |
| 16 |
Social Security (Seafarers) Convention 1946 |
70 |
Not Ratified |
| 17 |
Seafarers Pension Convention |
71 |
Not Ratified |
| 18 |
Paid Vacations (Seafarers) Convention 1946 |
72 |
Not Ratified |
| 19 |
Medical Examinations (Seafarers) Convention 1946 |
73 |
Not Ratified |
| 20 |
Certification of Able Seamen Convention 1946 |
74 |
Not Ratified |
| 21 |
Accommodation of crews Convention 1946 |
75 |
Not Ratified |
| 22 |
Wages, Hours of work and Manning (Sea) Convention 1946 |
76 |
Not Ratified |
| 23 |
Paid Vacations (Seafarers) (Revised) |
91 |
Not Ratified |
| 24 |
Accommodation of crews Convention 92 (Revised) 1949 |
92 |
Not Ratified |
| 25 |
Wages, Hours of work and Manning Convention (Revised) 1949 |
93 |
Not Ratified |
| 26 |
Seafarers Identity Documents Convention 1958 |
108 |
Not Ratified |
| 27 |
Wages, Hours of work and Manning (Sea) Convention (Revised) 1958 |
109 |
Not Ratified |
| 28 |
Accommodation of crews (Supplementary Provisions) Convention 1970 |
133 |
Not Ratified |
| 29 |
Prevention of Accidents (Seafarers) Convention 1970 |
134 |
Not Ratified |
| 30 |
Continuity of employment (Seafarers) Convention 1976 |
135 |
Not Ratified |
| 31 |
Seafarers Annual Leave with pay Convention 1976 |
145 |
Not Ratified |
| 32 |
Merchant Shipping (Minimum Standards) Convention 1976 |
147 |
Ratified |
| 33 |
Seafarers Welfare Convention 1987 |
163 |
Not Ratified |
| 34 |
Health Protection and Medical Care (Seafarers) Convention 1987 |
164 |
Not Ratified |
| 35 |
Social Security (Seafarers) Convention (Revised) 1987 |
165 |
Not Ratified |
| 36 |
Repatriation of Seafarers Convention (Revised), 1987 |
166 |
Not Ratified |
10.6. Besides above, the International Labour Organization has developed certain conventions for International Labour Standards, which apply to all workers including seafarers. These are
1.Freedom of Association and protection of the right to Organize, Convention 1948 (No. 87)
2. Right to organize and collective Bargaining Convention 1949 (No. 98).
3. Medical Care and Sickness Benefits Convention 1969 (No. 130)
4. Minimum Age Convention 1973 (No. 138).
10.7. The International Labour Organization has also developed certain recommendations on international labour standards for seafarers to provide guidance on policy, legislation and practice. These recommendations are: -
| Sr. No |
Recommendation |
No. |
| 1 |
National Seamen's Codes Recommendations 1920 |
9 |
| 2 |
Unemployment Insurance (Seamen) Recommendations, 1920 |
10 |
| 3 |
Repatriation (Ship Masters and apprentices) Recommendations, 1926 |
27 |
| 4 |
Labour Inspection (Seamen) Recommendations, 1926 |
28 |
| 5 |
Seamen's Welfare in Ports Recommendations, 1936 |
48 |
| 6 |
Hours of work and Manning (Sea) Recommendation, 1936, |
49 |
| 7 |
Seafarers social security (Agreements) Recommendation, 1946 |
75 |
| 8 |
Seafarers (Medical Care for Dependents) Recommendation, 1946 |
76 |
| 9 |
Vocational Training (Seafarers) Recommendation, 1946 |
77 |
| 10 |
Bedding, Mess Utensils and Miscellaneous Provisions (ship crews) Recommendation, 1946 |
78 |
| 11 |
Ships Medicine Chests Recommendation, 1958 |
105 |
| 12 |
Medical Advice at sea Recommendation, 1958 |
106 |
| 13 |
Seafarers Engagement (Foreign Vessels) Recommendation, 1958 |
107 |
| 14 |
Social Conditions and Safety (seafarers) Recommendation, 1958 |
108 |
| 15 |
Wages, Hours of work and Manning (Sea) Recommendation, 1958 |
109 |
| 16 |
Vocational Training (Seafarers) Recommendation, 1970 |
137 |
| 17 |
Seafarers' Welfare recommendation, 1970 |
138 |
| 18 |
Employment of Seafarers (Technical Development) Recommendation 1970 |
139 |
| 19 |
Crew Accommodation (Air Conditioning) Recommendation 1970 |
140 |
| 20 |
Crew Accommodation (Noise Control) Recommendation 1970 |
141 |
| 21 |
Prevention of accidents (Seafarers) Recommndation 1970 |
142 |
| 22 |
Prevention of young seafarers Recommendations 1976 |
153 |
| 23 |
Continuity of employment (seafarers) Recommendations 1976 |
154 |
| 24 |
Merchant Shipping (Improvement of Standards) Recommendations 1976 |
155 |
| 25 |
Seafarers welfare Recommendation 1987 |
173 |
| 26 |
Repatriation of Seafarers Recommendations 1987 |
174 |
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