4 The Route to the Status Quo of International Law
Relating to Seafarer Education and Training
In addition to the effect of FoCs as discussed previously, a number of internationally
conspicuous and high-publicity accidents in the mid to late twentieth century further
highlighted the need for an international legal framework beyond that established in
the context of the ILO. With these accidents came an increased focus on “the human
element” in the context of the International Maritime Organization (IMO).
32 As has
been stated, despite the merits of the first attempts at codifying requirements for
seafarer education and training at the international level, the relevant instruments did
not specify the content and standards for such training or the criteria for certification.
Global uniformity was increasingly sought for training outcomes, certification
processes and authentication mechanisms, and language use.
As part of the evolution of this thinking and activities in that direction, a
resolution of the 1960 International Safety of Life at Sea Convention (SOLAS
1960) called on Governments “to take all practicable steps to ensure that the
education and training of seafarers in the use of aids to navigation, ship’s equipment
and devices was sufficiently comprehensive and kept up to date”.
33 An ILO-IMO
Joint Committee on Training was set up and produced a “Document for Guidance”
in 1964. This document was further expanded/supplemented in 1975, 1977 and
1985. Work for comprehensive global standards resulted in a draft convention in
1969 and to a decision by the IMO Assembly in 1971 to establish international
standards for watchkeeping, training and certification for seafarers. This led to an
international conference in 1978 (with delegates from 72 countries), the outcome of
which was The International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW 1978). The Convention established minimum
standards for State Parties to meet or exceed. It did not address crew adequacy
(in terms of numbers) which, while being an essential corollary for safety at sea, fell
outside the specific remit of crew competency.
34
The adoption of the STCW Convention in 1978 substantiated the belief that
maritime education and training for a global industry must meet global standards. In
legal terms, the Convention is a public international law instrument and is in nature
technical, regulatory and preventive. Unlike the ILO C53 before it, which only
indicated that Parties “prescribe a minimum age”, the STCW Convention specified
32 The International Maritime Organization was set up by Convention in 1948, originally as the
Inter-Governmental Maritime Consultative Organization. The Convention came into force in 1958
and the name changed in 1982. As a specialized agency of the United Nations, the Organization’s
mandate is covered in the Convention that set it up (The Convention on the International Maritime
Organization).
33 A detailed description of the history of the STCW Convention (up to 1995) can be found at http://
www.imo.org/en/OurWork/Safety/Regulations/Documents/STCW97.pdf.
34 Crew adequacy, in terms of numbers, is covered by Regulation 14 of Chapter V of the International Convention on the Safety of Life at Sea (SOLAS) as amended.
The Evolution of Seafarer Education and Training in International Law
479
Relating to Seafarer Education and Training
In addition to the effect of FoCs as discussed previously, a number of internationally
conspicuous and high-publicity accidents in the mid to late twentieth century further
highlighted the need for an international legal framework beyond that established in
the context of the ILO. With these accidents came an increased focus on “the human
element” in the context of the International Maritime Organization (IMO).
32 As has
been stated, despite the merits of the first attempts at codifying requirements for
seafarer education and training at the international level, the relevant instruments did
not specify the content and standards for such training or the criteria for certification.
Global uniformity was increasingly sought for training outcomes, certification
processes and authentication mechanisms, and language use.
As part of the evolution of this thinking and activities in that direction, a
resolution of the 1960 International Safety of Life at Sea Convention (SOLAS
1960) called on Governments “to take all practicable steps to ensure that the
education and training of seafarers in the use of aids to navigation, ship’s equipment
and devices was sufficiently comprehensive and kept up to date”.
33 An ILO-IMO
Joint Committee on Training was set up and produced a “Document for Guidance”
in 1964. This document was further expanded/supplemented in 1975, 1977 and
1985. Work for comprehensive global standards resulted in a draft convention in
1969 and to a decision by the IMO Assembly in 1971 to establish international
standards for watchkeeping, training and certification for seafarers. This led to an
international conference in 1978 (with delegates from 72 countries), the outcome of
which was The International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW 1978). The Convention established minimum
standards for State Parties to meet or exceed. It did not address crew adequacy
(in terms of numbers) which, while being an essential corollary for safety at sea, fell
outside the specific remit of crew competency.
34
The adoption of the STCW Convention in 1978 substantiated the belief that
maritime education and training for a global industry must meet global standards. In
legal terms, the Convention is a public international law instrument and is in nature
technical, regulatory and preventive. Unlike the ILO C53 before it, which only
indicated that Parties “prescribe a minimum age”, the STCW Convention specified
32 The International Maritime Organization was set up by Convention in 1948, originally as the
Inter-Governmental Maritime Consultative Organization. The Convention came into force in 1958
and the name changed in 1982. As a specialized agency of the United Nations, the Organization’s
mandate is covered in the Convention that set it up (The Convention on the International Maritime
Organization).
33 A detailed description of the history of the STCW Convention (up to 1995) can be found at http://
www.imo.org/en/OurWork/Safety/Regulations/Documents/STCW97.pdf.
34 Crew adequacy, in terms of numbers, is covered by Regulation 14 of Chapter V of the International Convention on the Safety of Life at Sea (SOLAS) as amended.
The Evolution of Seafarer Education and Training in International Law
479