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Module: Shipping Law and Environmental Liability Lecturer: Prof. Dr. Suzette V. Suarez, LL.M. E-mail: suzette.suarez@hs-bremen.de The term „Shipping Law“ The terms „Shipping Law“ and „Admiralty Law It is a body of private law governing the relationship between private entities in connection with the operation of seagoing ships. Major aspects of admiralty law • Maritime Safety • Pollution prevention and civil liability It needs to be distinguished from the → law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, fishing rights, jurisdiction over coastal waters, and the international law governing relationships between nations. • Transportation of goods and passengers commercial aspects including liability • Collision, salvage and general average • Ship mortgages and maritime liens • Jurisdiction issues – commercial cases The terms „Shipping Law“ and „Admiralty Law“, and „IMO Conventions Major aspects of admiralty law • Maritime Safety • Pollution prevention and civil liability • Transportation of goods and passengers commercial aspects incl. liability • Collision, salvage and general average • Ship mortgages and maritime liens • Jurisdiction issues commercial cases Key IMO Conventions re to maritime safety and pollution prevention •International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended •International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997(MARPOL) •International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) as amended, including the 1995 and Manila Amendments Other IMO Conventions • International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001 • International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 • The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 Conventions covering liability and compensation • International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969 • 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND 1992) • International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996 (and its 2010 Protocol) • International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 • Nairobi International Convention on the Removal of Wrecks, 2007 The terms „Shipping Law“, „Admiralty law“, and „Law of the Sea“ Admiralty Law – “It is a body of private law governing the relationship between private entities in connection with the operation of seagoing ships. It needs to be distinguished from the → law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, fishing rights, jurisdiction over coastal waters, and the international law governing relationships between nations.” (from T. de la Motte) Law of the sea UNCLOS: The International Legal Framework to protect and preserve the marine environment 1. Preamble – Principle that oceans are interconnected; therefore problems must be considered together. 2. Legal regimes in different maritime zones 3. Flag State Law 4. General provisions re to the protection and preservation of the marine environment : a. Duty of all States to protect and preserve the marine environment b. Measures to prevent, reduce and control pollution of the marine environment c. Duty not to transfer damage or hazards or transform one type of pollution to another d. Use of technologies or introduction of alien or new species 5 . Duty of all States to cooperate - global and regional 6. Duty of monitoring, assessment, notification 7. Duty to pass international rules to combat vessel-sourced pollution *Vessel-source pollution - via the IMO - Flag States. Coastal States and Port States 8. Enforcement with respect to vessel-sourced pollution -Flag State duties-Port State duties-Coastal State duties 9. Safeguards – Coastal States and Port States 10. Responsibility and Liability The term „environmental liability“ https://www.smithsonianmag.com/innovation/scientists-find-natural-way-to-clean-up-oil-spills-with-plant-based molecule-180955815/ The Blue Marble – The earth from space Marine pollution Definition of marine pollution from UNCLOS "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities; 9 29.04.2025 Marine pollution 80% of marine pollution c omes from land! 10 29.04.2025 Marine pollution What about vessel-sourced pollution? 29.04.2025 11 Law of the Sea and Maritime Law Law of the Sea Maritime law Law of the sea – the international legal framework governing the status of ocean spaces, the rights and duties of States in these spaces, as well as the collective interests of the international community including the protection and preservation of the marine environment, marine scientific research. Maritime Law Law of the Sea Maritime Law on the hand is the legal framework governing and regulating the maritime industry. The public part of maritime law - regulates maritime safety, maritime security and protection of the marine environment from vessel- sourced pollution. The commercial part of maritime law deals with contractual matters relating to maritime carriage. Shipping Law and Environmental Liability: Sources of law: Public international law and national laws What is the nature of shipping as a commercial activity that it is regulated or governed by laws both international and national? 29.04.2025 13 Shipping Law and Environmental Liability (for damage to the marine environment): Sources of law: Public international law and national laws What is the nature of shipping as a commercial activity that it is regulated or governed by laws both international and national? https://www.ics-shipping.org/shipping-facts/key-facts Shipping Law and Environmental Liability: Sources of law: Public international law and national laws https://www.bbc.com/news/uk-england-39223308 Read: Judge Steven Rares, „Ships that changed the law“ What is the nature of marine pollution that it has to be regulated or governed by laws both international and national? Shipping Law and Environmental Liability (for damage to the marine environment): Legal Systems: Public international law and national laws What is international law? Public international law is the set of rules and principles generally as binding among States. Public international law differs from national or domestic law in that the latter is binding on private actors, e.g. natural persons or corporations. Public international law is based on consent. In other words, a State cannot be bound by any public international law unless it gives its consent. In treaties, Private international law governs civil and commercial law transactions and disputes that contain international or foreign elements. States express their consent by ratifying or acceding to them. Supranational law is a type of international law wherein sovereign States agree to transfer some of their sovereign powers or competences to supranational institutions. Example is the European Union. Thus, EU institutions make supranational decisions binding on Member States. Competences Member States surrendered to/or shared with EU institutions Actors in public international law States- are the creators of public international law as well as their subjects, meaning, the duties and rights are addressed to States, not to non-States. Intergovernmental organizations – e.g. EU In modern international political life, intergovernmental organizations which carry out sovereign competences are recognized to a certain extent as creator as well as a subject of public international law. International organizations are non-State actors, though their membership is made up of States. A good example is the United Nations. Another example is the International Maritime Organization. International organizations formally do not create laws, meaning do not legislate public international. The member States of the international organizations possess rule-making powers. However, modern public international law is negotiated, developed, amended under the auspices of international organizations. Non-state actors e.g. corporations, shipowners, individuals are objects of public international law – in general, no duties nor rights but in environmental agreements, non-state actors have been given duties and corresponding liabilities in order to address pollution damage. See for example oil pollution conventions negotiated and adopted following the Torrey Canyon incident. Non-State Actors • Ship-owners and operators • Cargo-owners, cargo-interests • NGOs with ocean-related interests and mandates • P&I clubs and marine insurance • Classification societies 29.04.2025 19 Some questions/issues to consider: • Why is there a proliferation of conventions and laws relating to shipping?- substandard shipping? Frequent ship incidents/disasters? • Considering the worsening state of the marine environment because of anthropogenic activities including shipping, are the conventions and laws regulating shipping not fit for purpose? • Aside from the deficiencies/ inefficiencies of the legal regime, what are the other factors that contribute to vessel-sourced pollution and other maritime incidents? • What should be done to address the gaps, deficiencies, inefficiencies in the law relating to vessel-source pollution? • Is it necessary to introduce new laws (conventions)? Read „Vessel-Source pollution, the ecological imperative and the compliance problem“ pp. 3-28 in the book, Vessel-Source Marine Pollution by Alan Khee-Jin Tan (available in Aulis) 29.04.2025 20 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 This publication presents statistics on marine casualties and incidents which involved 1) ships flying the flag of one of the EU Member States, 2) or occurred within EU Member States’ territorial sea or internal waters as defined in UNCLOS, 3) or involved substantial interests of EU Member States, as reported by Member States in the EU database for maritime incidents EMCIP (European Marine Casualty Information Platform). ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 21 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 22 ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 25 ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 In the period from 2014 to 2023, 602 cases of pollution were reported. Marine pollution by ship’s bunkers (fuel) and other pollutants (e.g., cargo residues, lubricating or hydraulic oils) corresponded to the 63.1% of all pollutions. From 2014 to 2023, a significant decrease in the reported number of pollutions is noted, with a maximum of 98 cases in 2014, a minimum of 38 cases in 2020 and 54 cases in 2023. From 2014 to 2023 there are 323 (53.6%) cases of pollution for cargo ships, 95 (15.8%) for fishing vessels, 88 (14.6%) for service ships, 81 (13.5%) for passenger ships and 15 (2.5%) for other ship types. The reduction in the cases of pollution is significant for passenger ships and fishing vessels until 2022, with an increase in 2023. 26 ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 27 ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 2024 available in Aulis 29.04.2025 Vessel-sourced pollution in the EU ANNUAL OVERVIEW OF MARINE CASUALTIES AND INCIDENTS 20