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12/11/2014

Maritime Law
(Introduction)
Trika Pitana
Program Double Degree Teknik Sistem Perkapalan

Outlines:
A contract
Scope of Lecture
Introduction

What is maritime law?


Main source of maritime law
The role of non-treaty international maritime
regulations
Standart contracts and documents
The role of international organizations as regard the
uniformity of maritime law

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A Contract
2x Assignments
2 x Examination ( Mid Test and Final Test)
1 Person in charge shall be appointed
Arranging the lecture, including coordinating the
schedule of lecture
Preparing the lecture

Honesty is prioritized
No Plagiarism

Scopes
1.
2.
3.
4.
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6.
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10.
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13.
14.

Introduction
Person involve in maritime legal relationships and their status
Liability in Maritime Law
A Ship
Nationality and registration of a ship
Carriage of goods by sea
Contracts for the use of ships
Contracts of carriage of passengers and their luggage
Ancillary contracts
Legal Aspect of Marine Accidents
Limitation of Liability of the shipowner
Marine Insurance
Secuity and enforcement of maritime claims
Settlement of marine dispustes

12/11/2014

Introduction
What is maritime law?
Main source of maritime law
The role of non-treaty international maritime
regulations
Standart contracts and documents
The role of international organizations as regard
the uniformity of maritime law

What is maritime law


The branch of jurisprudence that governs ships
and ship .. (long and established tradition)
It affects the business of owning and managing
ship, port operation, crew employment or other
shipping activity
Legal Regulations governing maritime shipping
and relevant activities, the use of the sea and the
exploitation of its resources and the protection of
marine environment

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What is maritime law?#2


Private Law

Concerned with the legal relationship between


individual/groups individual such corporation, companies
and its primary purpose is the protection of the interest.
Purposes: guidelines for contractual relationshis and to
compensate the injured parties

Public Law

Concerned with the legal relationship between the state


(and its administration) and the individuals, e.g.
Registration of the ships, safety of the ships and
navigation, control of shipping operation, casualty
investigation etc.

Main Source of Maritime Law


Statue law (National Maritime Legislation)
International Maritime Convention (IMC)
Uniformity, certainty and justice
The bodies dealing with IMC :
International Maritime Organization (IMO),
International Labour Organization (ILO), United Nation
Conference on Trade and Deveopment (UNCTAD),
United Nation Law of Sea Conferences.

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Non Treaty International Maritime


Regulation
Form of Non-Treaty: Codes, Standars, practice,
guidelines, manual
Example:
Codes of safe practice for solid bulk cargoes
Guidelines on the Provisions of Adequate Reception
Facilities in Ports.
Guidelines for Surveys under MARPOL 73/78

No legally binding

Standard Contract and Documents


Standart contract: sometime identified as the adhesion
contract (printed agreement that are prepared by one
party and submitted to the other for acceptance or
rejection but not for negotiation)
Knowing sort and scope of risk
Minimizing the risk of misunderstanding
Content are well known in advanced to interested
parties.
Uniformity of maritime law
Example of standard form: Bill of lading and Charter
Party

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The Role of International Organization


To encourage and facilitate the general of the
highest practicable standars in matters
concerning maritime safety, efficiency of
navigation and the prevention and control of
marine pollution from ships; adn to deal with
legal matters related to these purposes;
Encourage the removal of discriminatory
action and unnecessary restriction

The Role of International Organization


Products:
SOLAS 1974
MARPOL 1973/1978
COLREG 1972
STCW

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Next Week Lecture


1. Person involve in maritime legal relationships
and their status
2. Liability in Maritime Law

References
IMO (1993), Maritime Law, Compendium for
Model Course 6.08

12/11/2014

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