autonomously—this legal framework is woefully inadequate. The current paradigm
is built on the notion of humans operating ships (with specific flags) which use the
high seas and then enter the Exclusive Economic Zones (EEZ), Contiguous Zones or
Territorial Seas of other States. In an international law context, the hard-law regulation of the training of such persons is eminently defensible. However, when the
individuals operating a ship are not physically on that ship as it traverses the high
seas and/or enters the waters falling under the jurisdiction of other States, it raises
many and significant legal questions regarding the education and training of such
individuals.
To give an example, maritime pilots other than deep-sea pilots (including river
and harbour pilots) are indispensable to shipping. They—together with the standard
crew of ships—ensure the safe navigation of ships from berth to berth. However,
there is no international “hard law” legal instrument regulating the training of such
pilots. This is because their work happens almost entirely in the context of national
sovereignty (in EEZ and territorial waters—the power of sovereignty increasing
landward). Because of their operational context, the international maritime community has only recommended what could be considered appropriate training in a
resolution of the IMO.
71
Another example is the international regulation of the qualification of instructors,
assessors and supervisors under the STCW Convention. Undeniably, and as clearly
demonstrated in the past,
72 the qualifications of instructors, assessors and supervisors is critical to the success or otherwise of the achievement of the learning
outcomes and standards required for optimum ship operation. This is recognized
by the Convention. However, unlike the seafarers, these instructors, assessors and
supervisors do not operate in an international setting where they carry out their work
in other jurisdictions. They remain and work in the sovereign boundaries of their
own States. Accordingly, the ability to explicitly regulate their training and qualifications at an international level is weakened. The current relevant regulation in
respect of such training in the STCW Convention is stated as follows
73 (emphasis
added):
Each Party shall ensure that those responsible for the training and assessment of competence
of seafarers, as required under the Convention, are appropriately qualified in accordance
with the provisions of Section A-I/6 of the STCW Code for the type and level of training and
assessment involved.
Section A-I/6 as referenced in the quote above states that:
Each Party shall ensure that instructors supervisors and assessors are appropriately qualified
for the particular types and levels of training or assessment of competence of seafarers either
on board or ashore, as required under the Convention, in accordance with the provisions of
this section.
71 Resolution A.960(23) on Recommendations on Training and Certification and on Operational
Procedures for Maritime Pilots other than Deep-Sea Pilots.
72 Larrieu (2010).
73 Regulation I/6 of the STCW Convention, 1978, as amended.
The Evolution of Seafarer Education and Training in International Law
491
is built on the notion of humans operating ships (with specific flags) which use the
high seas and then enter the Exclusive Economic Zones (EEZ), Contiguous Zones or
Territorial Seas of other States. In an international law context, the hard-law regulation of the training of such persons is eminently defensible. However, when the
individuals operating a ship are not physically on that ship as it traverses the high
seas and/or enters the waters falling under the jurisdiction of other States, it raises
many and significant legal questions regarding the education and training of such
individuals.
To give an example, maritime pilots other than deep-sea pilots (including river
and harbour pilots) are indispensable to shipping. They—together with the standard
crew of ships—ensure the safe navigation of ships from berth to berth. However,
there is no international “hard law” legal instrument regulating the training of such
pilots. This is because their work happens almost entirely in the context of national
sovereignty (in EEZ and territorial waters—the power of sovereignty increasing
landward). Because of their operational context, the international maritime community has only recommended what could be considered appropriate training in a
resolution of the IMO.
71
Another example is the international regulation of the qualification of instructors,
assessors and supervisors under the STCW Convention. Undeniably, and as clearly
demonstrated in the past,
72 the qualifications of instructors, assessors and supervisors is critical to the success or otherwise of the achievement of the learning
outcomes and standards required for optimum ship operation. This is recognized
by the Convention. However, unlike the seafarers, these instructors, assessors and
supervisors do not operate in an international setting where they carry out their work
in other jurisdictions. They remain and work in the sovereign boundaries of their
own States. Accordingly, the ability to explicitly regulate their training and qualifications at an international level is weakened. The current relevant regulation in
respect of such training in the STCW Convention is stated as follows
73 (emphasis
added):
Each Party shall ensure that those responsible for the training and assessment of competence
of seafarers, as required under the Convention, are appropriately qualified in accordance
with the provisions of Section A-I/6 of the STCW Code for the type and level of training and
assessment involved.
Section A-I/6 as referenced in the quote above states that:
Each Party shall ensure that instructors supervisors and assessors are appropriately qualified
for the particular types and levels of training or assessment of competence of seafarers either
on board or ashore, as required under the Convention, in accordance with the provisions of
this section.
71 Resolution A.960(23) on Recommendations on Training and Certification and on Operational
Procedures for Maritime Pilots other than Deep-Sea Pilots.
72 Larrieu (2010).
73 Regulation I/6 of the STCW Convention, 1978, as amended.
The Evolution of Seafarer Education and Training in International Law
491