The impact of shortage implementation of the international regulations on maritime safety

Abstract

This study reveals the most important role of effective marine accident investigation in the improvement of maritime safety through prevention similar casualties from occurring in the future, explores the legal obligations of all parties under different international maritime conventions, and codes. As most of marine accidents resulted from shortage in applying international regulations related to maritime safety, so this research determines, the shortage of application of the international regulations adopted by IMO related to maritime safety, and the shortage of legal measures to support safety at sea and protection or reduce marine pollution. This research also aims to improve special measures for procedures of marine accident investigation, with case study are highlighted, and the importance of identifying the liability. Finally the shortage of civil liability of damage resulting from marine accident under International and National Jurisdiction are discussed with some illustrative cases.

Keywords:

• international conventions
• maritime law
• marine safety
• marine accident investigation

Public Interest Statement

The international shipping industry is already one of the most world’s important and unsafe industries. So it is necessary to improve marine safety by undertaking the robust implementation of the international regulations. As most of marine accidents resulted from shortage in applying international regulations related to maritime safety, so this research determines, the shortage of application of the international regulations adopted by International Maritime Organization related to maritime safety, and the shortage of legal Measures to support safety at sea and protection or reduce marine pollution.

Notes

1. Maritime Accidents and Human Performance: the Statistical Trail Clifford C. Baker American Bureau of Shipping Ah Kuan Seah American Bureau of Shipping Presented at MARTECH 2004, Singapore, September 22–24, 2004 Reprinted with the kind permission of MARTECH 2004, Singapore.

2. Resolution “A.741(18) as amended by MSC.104(73), MSC.179(79), MSC.195(80), MSC.273(85) and MSC.353(92)”.

3. See Article “94(7) of UNCLOS1982” “code of the international standards” and “recommended Practices for a Safety Investigation into Marine Casualty or Marine Incident” “Casualty Investigation Code ”. available “electronically” at “http://www.maritimeaccident.org/new-imo-casualty-code-in-force-from-1-january-2008/”.“visited on 11th October 2013”.

4. “This circular supersedes MSC/Circ.1049, MSC/Circ.1093, MSC/Circ.1136, MSC/Circ.1137 and MSC.1/Circ.1206”. http://www.dma.dk/SiteCollectionDocuments/Nyheder/2012/IMO-1206-rev-1-redningsbaade.pdf

5. “International Life-Saving Appliance” “which states that all life-saving appliances and arrangements shall comply with the applicable requirements of the LSA Code”.

6. Available electronically at “http://www.maib.gov.uk/cms_resources.cfm?file=/MAIB_ACPO_MoU.pdf”. Last visited on 15th February 2015.

7. “Resolution A.741(18) as amended by MSC.104(73), MSC.179(79), MSC.195(80), MSC.273(85) and MSC.353(92)”.

8. “Report of investigation into the fatal accident happened on board mv Najran at Kwai Chung Container Terminal on 15 May 2008”. Available at: http://wwwmardepgovhk/en/publication/pdf

9. Supra note 5.

10. “Transport Accident Investigation Commission Interim Report Marine inquiry 11-204 Containership MV Rena grounding on Astrolabe Reef 5 October 2011”. Available at: www.taic.org.nz.

Additional information

Notes on contributors

Ahmed Hany M. Abuelenin

Ahmed Hany M. Abuelenin, the principal author, is an assistant professor in Ports and Maritime Transportation Department, Faculty of Maritime Studies, King Abdulaziz University, Saudi Arabia.