The Master's Practical Guide to Maritime Law - First Edition

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.

Foreword

This practical guide to maritime law for Masters serves as a compass, both for seasoned Mastersseeking 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.

Abbreviations

Definitions

Editorial notes

Part 1

General

Chapter 1 Introducing the Law

Introduction
Law
Applicable law on board
Legal system
How the law is divided up
International law
National law
Maritime zones and jurisdictions
Master?s best practices

Chapter 2

The Master's responsibilities to the shipowner

2.1 Introduction

2.2 The Master's roles and tasks

2.3 Statutory tasks

2.4 Technical tasks

2.5 Commercial tasks

2.6 Some specific tasks for the Master

2.7 Master's best practice

Chapter 3

Master's overriding authority and discretion

3.1 Introduction

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

3.5 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

4.3 Management of shipboard health and quarantine

4.4 Master's best practices

Chapter 5

Master's liability, accountability, responsibility and risks

5.1 Introduction

5.2 Liability

5.3 Accountability

5.4 Responsibility

5.5 Limits on liability, accountability and responsibility

5.6 Risks

5.8 Negligence

5.9 Master's best practices

Chapter 6

Third persons on board

6.1 Introduction

6.2 Third persons on board

6.3 Master's best practices

Part 2

Statutory/legal

Chapter 7

Master's criminal accountability and criminal

investigation authority

7.1 Introduction

7.2 Master and criminal accountability

7.3 Master and criminal investigation authority

7.4 Master's best practices

Chapter 8

General average and particular average

8.1 Introduction

8.2 Particular average

8.3 General average

8.4 Keeping records and 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

9.3 Marine safety investigation

9.4 Master's best practices

Chapter 10

Maritime security

10.1 Introduction

10.2 Cyber security

10.3 Piracy

10.4 Stowaways

10.5 Migrants, refugees and asylum seekers

10.6 Master's best practices

Part 3

Commercial

Chapter 11

Marine insurance: Hull and Machinery (H&M) and Protection and Indemnity (P&I)

11.1 Introduction

11.2 H&M insurance

11.3 P&I insurance

11.4 Legal context

11.5 Master's best practices

Chapter 12

Risk management of cargo handling and ship stability

12.1 Introduction

12.2 Risk management of cargo handling

12.3 Stability and risk management

12.4 Master's best practices

Chapter 13

Towage and salvage compared

13.1 Introduction

13.2 Towage

13.3 Salvage

13.4 Towing or salvage

13.5 Master's best practices

Chapter 14

Carriage of goods by sea: common carrier versus private carrier

14.1 Introduction

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

15.2 Dangerous goods

15.3 Wet cargo

15.4 Dry cargo

15.5 Master's best practices

Chapter 16

Charterparties' fundamental terms

16.1 Introduction

16.2 Charterparties

16.3 Main types of charter

16.4 Allocation of costs

16.5 List of charterparty terms

16.6 Master's best practices

Chapter 17

Shipowner's and charterer's risks and responsibilities

17.1 Introduction

17.2 Risks

17.3 Responsibilities

17.4 Master's best practices

Chapter 18

Laytime and demurrage

18.1 Introduction

18.2 Laytime

18.3 Demurrage and despatch

18.4 Master's best practices

Chapter 19

Documentation

19.1 Introduction

19.2 Notice of readiness

19.3 Paper bill of lading

19.4 Electronic bill of lading

19.5 Letter of indemnity

19.6 Mate's receipt and tally

19.7 Note of protest

19.8 Waybills

19.9 Signing of documents

19.10 Master's best practices

Chapter 20

Cargo damage

20.1 Introduction

20.2 Types of cargo damage

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

21.3 Master and ship damage by cargo

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

ICS

The International Chamber of Shipping (ICS) is the principal international trade association for the shipping industry, representing shipowners and operators in all sectors and trades.

ICS membership comprises national shipowners' associations in Asia, Europe and the Americas whose member shipping companies operate over 80% of the world's merchant tonnage.

Established in 1921, ICS is concerned with all technical, legal, employment affairs and policy issues that may affect international shipping.