• 2014—The introduction of definitions and regulations relating to verification and
compliance to allow for the implementation of an IMO mandatory audit scheme;
• 2015—The introduction of training requirements per the International Code of
Safety for Ships Using Gases or Other Low-flashpoint Fuels (IGF Code);
• 2016—The introduction of training requirements per the International Code for
Ships Operating in Polar Waters.
The STCW Convention, 1978, as amended is today the primary international
instrument for the training and certification of seafarers. It has, at the time of writing,
165 Contracting States constituting 99.03% of world tonnage. It is one of four
substantive public international law instruments for the regulation of the maritime
industry, three of which emanate from the IMO and the fourth from the ILO.
39
A number of other international law instruments may be deemed to be relevant to
the education and training of seafarers. These instruments are briefly described
below.
1. United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS requires that as part of its duties as a flag States in respect of the High
Seas, a Party to the convention “shall take such measures for ships flying its flag as
are necessary to ensure safety at sea with regard, inter alia, to: . . . the manning of
ships, labour conditions and the training of crews, taking into account the applicable international instruments”, that “each ship is in the charge of a master and
officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in
qualification and numbers for the type, size, machinery and equipment of the ship”
and that “the master, officers and, to the extent appropriate, the crew are fully
conversant with and required to observe the applicable international regulations
concerning the safety of life at sea, the prevention of collisions, the prevention,
reduction and control of marine pollution, and the maintenance of communications
by radio”.
2. The International Convention on Safety of Life at Sea (SOLAS)
SOLAS requires that “Contracting Governments undertake, each for its national
ships, to maintain, or, if it is necessary, to adopt, measures for the purpose of
ensuring that, from the point of view of safety of life at sea, all ships shall be
sufficiently and efficiently manned”. The sufficiency of manning relates to the
adequacy of numbers of personnel on ships (evidenced by a safe manning certificate)
while the efficiency of manning refers to the competency of individual crew members (evidenced by certification under STCW ’78, as amended).
39 The other three are: from the IMO, the International Convention for the Prevention of Pollution
from Ships 1973, as modified by the 1978 and 1997 Protocols (MARPOL), The International
Convention for the Safety of Life at Sea, 1974 and its Protocol of 1988; and from the ILO, The
Maritime Labour Convention, 2006, all as amended.
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M. E. Manuel and R. Baumler
compliance to allow for the implementation of an IMO mandatory audit scheme;
• 2015—The introduction of training requirements per the International Code of
Safety for Ships Using Gases or Other Low-flashpoint Fuels (IGF Code);
• 2016—The introduction of training requirements per the International Code for
Ships Operating in Polar Waters.
The STCW Convention, 1978, as amended is today the primary international
instrument for the training and certification of seafarers. It has, at the time of writing,
165 Contracting States constituting 99.03% of world tonnage. It is one of four
substantive public international law instruments for the regulation of the maritime
industry, three of which emanate from the IMO and the fourth from the ILO.
39
A number of other international law instruments may be deemed to be relevant to
the education and training of seafarers. These instruments are briefly described
below.
1. United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS requires that as part of its duties as a flag States in respect of the High
Seas, a Party to the convention “shall take such measures for ships flying its flag as
are necessary to ensure safety at sea with regard, inter alia, to: . . . the manning of
ships, labour conditions and the training of crews, taking into account the applicable international instruments”, that “each ship is in the charge of a master and
officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in
qualification and numbers for the type, size, machinery and equipment of the ship”
and that “the master, officers and, to the extent appropriate, the crew are fully
conversant with and required to observe the applicable international regulations
concerning the safety of life at sea, the prevention of collisions, the prevention,
reduction and control of marine pollution, and the maintenance of communications
by radio”.
2. The International Convention on Safety of Life at Sea (SOLAS)
SOLAS requires that “Contracting Governments undertake, each for its national
ships, to maintain, or, if it is necessary, to adopt, measures for the purpose of
ensuring that, from the point of view of safety of life at sea, all ships shall be
sufficiently and efficiently manned”. The sufficiency of manning relates to the
adequacy of numbers of personnel on ships (evidenced by a safe manning certificate)
while the efficiency of manning refers to the competency of individual crew members (evidenced by certification under STCW ’78, as amended).
39 The other three are: from the IMO, the International Convention for the Prevention of Pollution
from Ships 1973, as modified by the 1978 and 1997 Protocols (MARPOL), The International
Convention for the Safety of Life at Sea, 1974 and its Protocol of 1988; and from the ILO, The
Maritime Labour Convention, 2006, all as amended.
482
M. E. Manuel and R. Baumler