been evident to various degrees and dates back to when nations (in their most
primitive forms) started to trade with each other across water bodies. It remains
one of the most globalized of contemporary industries—if not the most globalized.
Nevertheless, while the “traditional practice of seamen” transferred from “seaman to
seaman” through years of on-the-job experience (in such professional areas as
meteorology, cargo handling, ship safety, navigation and basic seamanship) had
sufficed as training of seafarers for decades, the world was moving towards a more
structured approach to international regulation covering seafarer education and
training. The industry’s true nature as an international one with an international
labour market, geographical and physical nodes and scope, ownership, operation,
management and financing, was becoming more pronounced and was increasingly
perceived as requiring more “formalized internationalization” in its regulation.
This trend towards “formalized internationalization” was evidenced by the promulgation of the first international collision regulations (Articles) which were
endorsed by thirty countries and which influenced the education and training of
seafarers with learning outcomes not limited to national settings. For centuries, there
had been only customary rules for preventing collisions at sea. Such rules had
limited statutory power at an international level, in particular to help adjudicate
collision incidents. These first rules emanated from two London Trinity House rules
which were incorporated in the UK Steam Navigation Act of 1846. Subsequently
and in consultation with the French Government, the UK Board of Trade drew up a
completely new set of rules for both sailing and steam ships which came into
operation in 1863 and by 1864 had been adopted by thirty nations.
16,17 Thereafter,
two international maritime conferences—Washington D.C in 1889 and Brussels in
1910—further modified the rules and entrenched their codification resulting in their
gaining the status of treaty law when “they were incorporated into Annexes to the
Final Acts of the SOLAS conferences of 1929, 1948 and 1960”.
18 In 1972 the
International Regulations for the Prevention of Collision at Sea was adopted and
came into force in 1977. With subsequent amendments, it remains a very clear
expression of the internationalization of the regulation of the content of seafarer
education and training.
However, with specific reference to the substantive issue of the regulation of
seafarer education and training as a whole, the first interventions at the international
level occurred in the context of the International Labour Organization (ILO).
19 The
relevant international law instruments agreed within the ILO framework were the
Officers’ Competency Certificates Convention, 1936 (No. 53) and the Certification
16 Cockroft and Lameijer (2012).
17 Plant (1996).
18 Ibid.
19 The ILO, established in 1919 as a result of the Peace Treaty of Versailles ending World War I,
predates the United Nations system as it exists today and was formed to “reflect the belief that
universal and lasting peace can be accomplished only if it is based on social justice” (https://www.
ilo.org/global/about-the-ilo/history/lang%2D%2Den/index.htm). In 1946, after the demise for
League of Nations, the ILO became the first specialised agency of a new United Nations system.
The Evolution of Seafarer Education and Training in International Law
475
primitive forms) started to trade with each other across water bodies. It remains
one of the most globalized of contemporary industries—if not the most globalized.
Nevertheless, while the “traditional practice of seamen” transferred from “seaman to
seaman” through years of on-the-job experience (in such professional areas as
meteorology, cargo handling, ship safety, navigation and basic seamanship) had
sufficed as training of seafarers for decades, the world was moving towards a more
structured approach to international regulation covering seafarer education and
training. The industry’s true nature as an international one with an international
labour market, geographical and physical nodes and scope, ownership, operation,
management and financing, was becoming more pronounced and was increasingly
perceived as requiring more “formalized internationalization” in its regulation.
This trend towards “formalized internationalization” was evidenced by the promulgation of the first international collision regulations (Articles) which were
endorsed by thirty countries and which influenced the education and training of
seafarers with learning outcomes not limited to national settings. For centuries, there
had been only customary rules for preventing collisions at sea. Such rules had
limited statutory power at an international level, in particular to help adjudicate
collision incidents. These first rules emanated from two London Trinity House rules
which were incorporated in the UK Steam Navigation Act of 1846. Subsequently
and in consultation with the French Government, the UK Board of Trade drew up a
completely new set of rules for both sailing and steam ships which came into
operation in 1863 and by 1864 had been adopted by thirty nations.
16,17 Thereafter,
two international maritime conferences—Washington D.C in 1889 and Brussels in
1910—further modified the rules and entrenched their codification resulting in their
gaining the status of treaty law when “they were incorporated into Annexes to the
Final Acts of the SOLAS conferences of 1929, 1948 and 1960”.
18 In 1972 the
International Regulations for the Prevention of Collision at Sea was adopted and
came into force in 1977. With subsequent amendments, it remains a very clear
expression of the internationalization of the regulation of the content of seafarer
education and training.
However, with specific reference to the substantive issue of the regulation of
seafarer education and training as a whole, the first interventions at the international
level occurred in the context of the International Labour Organization (ILO).
19 The
relevant international law instruments agreed within the ILO framework were the
Officers’ Competency Certificates Convention, 1936 (No. 53) and the Certification
16 Cockroft and Lameijer (2012).
17 Plant (1996).
18 Ibid.
19 The ILO, established in 1919 as a result of the Peace Treaty of Versailles ending World War I,
predates the United Nations system as it exists today and was formed to “reflect the belief that
universal and lasting peace can be accomplished only if it is based on social justice” (https://www.
ilo.org/global/about-the-ilo/history/lang%2D%2Den/index.htm). In 1946, after the demise for
League of Nations, the ILO became the first specialised agency of a new United Nations system.
The Evolution of Seafarer Education and Training in International Law
475