amendments,
51 the International Convention on Load Lines, 1966,
52 the International Convention on Preventing Collisions at Sea, 1972,
53 all of which are IMO
conventions. SOLAS was adopted in response to the infamous Titanic disaster
which occurred in 1913. The Load Lines Convention had its genesis in the relentless
efforts of British parliamentarian of the late nineteenth century, Samuel Plimsoll in
his campaign to outlaw the so-called coffin ships of his era. The development of the
COLREGS Convention had to do with prevention of maritime collisions leading to
fatal eventualities at sea. In terms of safety matters involving seafarers, ILO instruments, in particular, the Maritime Labour Convention, 2006
54 is applicable, in some
respects together with the International Convention on Standards of Training,
Certification and Watchkeeping (STCW), 1978 as amended in 1995 and 2010.
55
Ship safety pertains to safety of a ship in terms of structural soundness, watertight
integrity, statical and dynamical stability, freeboard and floatability as dictated by
SOLAS and the Load Lines Conventions. The standards for safe construction and
maintenance of ships are also prescribed by Classification Society Rules. Navigational safety concerns safety of the ship as a moving object and the standards are
subject to the requirements of Chapter 5 of SOLAS and the collision regulations in
the COLREGS Convention. There are requirements in SOLAS relating to navigational equipment and propulsion systems employed on board. Cargo safety has two
dimensions consisting of the questions of how safe a cargo is during the voyage and
cargo operations and to what extent it affects the safety of the ship. The governing
standards are found in SOLAS and several Codes associated with it. Occupational
safety has to do with how safe a ship is as a workplace for seafarers and their abode
while they are aboard. Personal safety is a part of occupational safety and the
standards are contained in SOLAS and certain ILO instruments.
56
It is trite that seaworthiness of a ship is a part and parcel of its safety. Its
application in practice arises mainly on the private law side of the shipping equation.
A ship is said to be seaworthy if and when it is fit in all respects for prosecuting its
intended voyage.
57 Thus, “fitness for the purpose” is a fit description of seaworthiness. Essentially seaworthiness is a private law concept associated with civil liability
in the realms of marine insurance and carriage of goods by sea. For example, under
Article 4 of the Hague-Visby Rules
58 on carrier-shipper relationship under carriage
51 1184 UNTS 3.
52 18 UST 1857, 640.
53 1050 UNTS 16; 28 UST 3459.
54 45 ILM 792.
55 1361 UNTS 190 and 1362 UNTS 190.
56 For detailed explanatory analysis of all these elements see Mukherjee and Liu (2015), pp. 39–42.
57 In McFadden v. Blue Star Line [1905] 1 K.B. 697, the standard was described at p. 706 as “that
degree of fitness which an ordinary, careful and prudent owner would require his vessel to have at
the commencement of her voyage having regard to all the probable circumstances of it.”
58 International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading,
1924, 412 UNTS 127 amended by its Visby Protocol, 1968 1412 UNTS 128.
592
R. Mukherjee
51 the International Convention on Load Lines, 1966,
52 the International Convention on Preventing Collisions at Sea, 1972,
53 all of which are IMO
conventions. SOLAS was adopted in response to the infamous Titanic disaster
which occurred in 1913. The Load Lines Convention had its genesis in the relentless
efforts of British parliamentarian of the late nineteenth century, Samuel Plimsoll in
his campaign to outlaw the so-called coffin ships of his era. The development of the
COLREGS Convention had to do with prevention of maritime collisions leading to
fatal eventualities at sea. In terms of safety matters involving seafarers, ILO instruments, in particular, the Maritime Labour Convention, 2006
54 is applicable, in some
respects together with the International Convention on Standards of Training,
Certification and Watchkeeping (STCW), 1978 as amended in 1995 and 2010.
55
Ship safety pertains to safety of a ship in terms of structural soundness, watertight
integrity, statical and dynamical stability, freeboard and floatability as dictated by
SOLAS and the Load Lines Conventions. The standards for safe construction and
maintenance of ships are also prescribed by Classification Society Rules. Navigational safety concerns safety of the ship as a moving object and the standards are
subject to the requirements of Chapter 5 of SOLAS and the collision regulations in
the COLREGS Convention. There are requirements in SOLAS relating to navigational equipment and propulsion systems employed on board. Cargo safety has two
dimensions consisting of the questions of how safe a cargo is during the voyage and
cargo operations and to what extent it affects the safety of the ship. The governing
standards are found in SOLAS and several Codes associated with it. Occupational
safety has to do with how safe a ship is as a workplace for seafarers and their abode
while they are aboard. Personal safety is a part of occupational safety and the
standards are contained in SOLAS and certain ILO instruments.
56
It is trite that seaworthiness of a ship is a part and parcel of its safety. Its
application in practice arises mainly on the private law side of the shipping equation.
A ship is said to be seaworthy if and when it is fit in all respects for prosecuting its
intended voyage.
57 Thus, “fitness for the purpose” is a fit description of seaworthiness. Essentially seaworthiness is a private law concept associated with civil liability
in the realms of marine insurance and carriage of goods by sea. For example, under
Article 4 of the Hague-Visby Rules
58 on carrier-shipper relationship under carriage
51 1184 UNTS 3.
52 18 UST 1857, 640.
53 1050 UNTS 16; 28 UST 3459.
54 45 ILM 792.
55 1361 UNTS 190 and 1362 UNTS 190.
56 For detailed explanatory analysis of all these elements see Mukherjee and Liu (2015), pp. 39–42.
57 In McFadden v. Blue Star Line [1905] 1 K.B. 697, the standard was described at p. 706 as “that
degree of fitness which an ordinary, careful and prudent owner would require his vessel to have at
the commencement of her voyage having regard to all the probable circumstances of it.”
58 International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading,
1924, 412 UNTS 127 amended by its Visby Protocol, 1968 1412 UNTS 128.
592
R. Mukherjee