INTRODUCTION

MARITIME CLAIMS AND REGULATION COMPLIANCE

(COURSE CODE: LGC280)

Lecture Contents

LECTURE 1

COLLISION AT SEA, LIABILITIES AND COLREGS

1.0 INTRODUCTION TO CRIMINAL LIABILITY

2.0 VIOLATING THE COLLISION REGULATIONS

2.1 Duty of ship to assist the other in case of collision

2.2 Official Log Books

2.3 Dangerously Unsafe Ship and Owners and Master’s Liability

2.4 Conduct Endangering Ships, Structures and Individuals

2.5 Oil Pollution Sanctions under MSA 8-31

2.6 Involuntary manslaughter Legal Overview

3.0 CIVIL LIABILITY

3.1 Legal Liability and Vicarious Responsibility

3.2 Ship’s Liability and Management

3.3 Liability attaches to the ship

3.4 Master and crew

3.5 Tug or tow, Salvors and Pilots Liabilities

3.6 Port Authority Liability

4.0 MARITIME LIABILITY: COLREGS AND NEGLIGENCE

4.1 Breach of the Duty of Care, Burden of Proof and Causation

4.2 Factual Causation 4.3 Legal Causation and Defenses

5.0 MARITIME FAULT APPORTIONMENT RULES

5.1 The Concept of Novus Actus Interveniens

5.2 When an innocent third ship claims against one of the tortfeasors

5.3 Time Bar Defenses

6.0 SHIP AND OBJECT COLLISION CLAIMS

6.1 Tortfeasors’ Contribution in Admiralty

6.2 Remoteness, Foreseeability and Liability

6.3 Mitigation of Loss

7.0 DAMAGES ASSESSMENT

7.1 Fundamental Principle: Restoration to Original State

7.2. Ship’s Value Determination

7.3 Loss of a Profitable Charterparty

7.4 Collision Damage and Repairs

7.5 Loss of Profit

7.6 Out of Pocket Expenses and Financial Loss

7.7 Detention time and dock charges

8.0 TIME LIMITS FOR COMMENCEMENT OF CLAIMS

9.0 INSURANCE MATTERS AND RISKS ARISING FROM COLLISIONS

LECTURE 2

SAFETY AT SEA AND REGULATION COMPLIANCE

1.0 INTRODUCTION 32-42 1.1 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982 (UNCLOS) • Safety Regulations at Sea

• Compensation Models For Pollution

2.0 SAFETY AT SEA CONVENTIONS

• The Safety of Life at Sea Convention 1974 (SOLAS 1974) and its 1988 Protocol (SOLAS Protocol 1988)
• Standards of Training, Certification and Watch-keeping for Seafarers (STCW 1995) Convention
• The International Ship and Port Facility Security (ISPS Code) 2002
• The International Regulations for Preventing Collisions at Sea 1972 (COLREGS)

3.0 MARINE POLLUTION AND WASTE CONVENTIONS

• International Convention for the Prevention of Pollution from Ships (1973/1978) (MARPOL)
• The International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution 1969 and the Intervention Protocol 1973 (INTERVENTION 1969)
• The International Convention on Oil Pollution Preparedness, Response and Co-operation OPRC 1990

4.0 ENFORCEMENT AND COMPLIANCE SYSTEMS

• Memorandum of Understanding on Port State Control in Implementing Agreements on Maritime Safety and Protection of the Marine Environment 1982 (Paris MOU 1982)
• Role of Classification Societies
• Contrasting USA Regulations and EU Regulations
• Seafarers’ Rights Regulated

5.0 EEZ, TERRITORIAL WATERS AND REGULATION COMPLIANCE

LECTURE 3

CLAIM MANAGEMENT

• INTRODUCTION
• Stage 1 of a Maritime Casualty
• Exigent: top priority
• People
• Environment
• Property
• External Advisers
• Lawyers
• Salvors
• Environmental experts
• Media consultants
• Local representation
• RESPONSE PROCEDURE
• People
• Environment
• Property
• Information and Documentation
• Notification of relevant parties
• Business partners
• Exercising caution

• POTENTIAL LIABILITY SCENARIOS
• People
• Environment
• Property
• SUMMARY
• Stage 2 of the casualty
• Potential Claims
• People, environment and property
• Bunkers
• Charterparty Claims
• Special compensation claim
• SHIPOWNERS’ DEFENSES
• The Limitation of Liability
• Jurisdiction

LECTURE 4

MARITIME RISK MANAGEMENT AND REGULATORY IMPLICATIONS 57-73

• INTRODUCTION
• Risk management
• Risk exposure and mitigation
• Risk profiling and mitigation
• EXPLORING SHIPPING COMPANY INFRASTRUCTURES
• Intrinsic infrastructures
• Affiliate infrastructures
• Extrinsic Infrastructures
• RISK MANAGEMENT: COLLECTIVE RESPONSIBILITY
• Risk management standards for risk control
• The stages of risk management
• Risk at the dispute resolution stage
• REGULATION AND ENFORCEMENT
• The significance and function of the ship’s flag
• Flags of convenience: Evolution and economic consideration
• The role of the flag state and PSC in enforcement
• The role of classification societies
• ISM CODE: ORIGIN, PURPOSE AND LOGIC
• The origin of the ISM Code
• The ISM Code’s purpose clarified
• The logic of the code
• THE COMPONENTS OF THE ISM CODE (PART A) EXPLAINED
• ISM Code purpose and objective
• Maritime SMS functional requirements
• Functional requirements for a Safety Management System SMS
• Safety and environmental protection policy
• Company responsibility and authority
• Resources and Personnel
• Shipboard operations
• Emergency preparedness
• Report and analysis of non-conformities, accidents, and hazardous occurrences
• Maintenance of the ship and equipment
• Documentation
• Company verification, review, and evaluation
• CERTIFICATION PROCESS AND REQUIREMENTS UNDER PART B
• Required Certificates
• Certification and verifications
• Ship management certification
• Renewal and extension
• Interim certification
• Internal audit requirement
• CSWPMS AND ECDIS IMPACT ON ISM CODE
• ISM violation: consequence and defense
• ISM code and vetting

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LGC Full Course Maritime Claims and Regulation Compliance Brochure INTRO