International Maritime Law

International maritime law is a group of conventions adopted by the United Nations (UN). Informally known as the Law of the Sea, these conventions regulate maritime organizations, shipping, and navigation, create maritime labor and training standards, establish safety standards, and prevent pollution.

Where Does International Maritime Law Apply?

International maritime law primarily applies to international waters, also known as the high seas. These areas of the ocean are open to all nations with some restrictions as imposed by international maritime law.

The borders of sovereign nations that border the ocean extend 12 nautical miles from their shores. Here, nations have jurisdiction, but international law allows foreign vessels the right of innocent passage through these territorial waters. This means the vessels can pass through but not engage in illegal activities.

Nations on oceans are also allowed to extend an exclusive economic zone (EEZ) up to 200 nautical miles from its shores. In an EEZ, a country has the right to exploit and manage natural resources, but foreign vessels are allowed to move freely through it. Beyond the EEZ, international waters begin.

What Is Included in International Maritime Law?

Maritime law is ancient, but international organizations like the UN have attempted to compile and codify these laws in modern times. The most recent collection of laws governing international waters is the United Nations Convention on the Law of the Sea (UNCLOS).

UNCLOS was signed in 1982. It was ratified by 60 nations in 1994, which was enough to put its laws into effect. Ultimately, more than 150 countries ratified UNCLOS.

The purpose of UNCLOS was to codify international laws applying to ocean resources, territorial waters, and sea lanes. It includes traditional laws for the use of oceans but also allows for new laws and ways to address new concerns, like pollution and conservation.

UNCLOS includes some specific laws, but in some areas of international law it provides a framework only. Other treaties and conventions fill in that framework:

The International Convention for the Safety of Life at Sea (SOLAS)

SOLAS is a vital component of international maritime law because it sets safety standards for vessels operating on the oceans. These standards include emergency rescues and safety equipment. SOLAS was first adopted in 1914 and updated in 2015.

The International Convention on Facilitation of International Maritime Traffic (FAL)

FAL was adopted in 1965. It sets rules for ships and cargo moving through maritime facilities like ports. These regulations streamline maritime traffic and reduce delays by creating uniform procedures and limiting the number of declarations a public authority can request.

The International Convention on Load Lines (ICLL)

Adopted in 1966, the ICLL sets safety standards for loading and unloading ships. It is a vital safety convention for port and shore workers, including longshoremen.

The International Convention on Civil Liability for Oil Pollution Damage (CLC)

The CLC was adopted in 1969 and updated in 2000. It ensures ship owners are liable for oil spills and will compensate those harmed by spills. It applies to all vessels carrying bulk oil cargo.

The International Convention for the Prevention of Pollution from Ships (MARPOL)

MARPOL was adopted in 1973 and updated in 2018. It sets standards designed to prevent pollution from ships. The standards include normal ship operations, polluting accidents, discharging waste, and transporting, storing, and handling hazardous materials.

The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW)

STCW is a vital set of standards for safety at sea. Adopted in 1978 and updated in 2018, it includes standards for several aspects of crewing a vessel: training and certifications, rest periods and working hours, cleaning, maintenance, and the duties of specific roles of ship crew members.

A similar set of standards was adopted in 1995 and applies specifically to fishing vessels to improve worker safety.

The International Convention on Maritime Search and Rescue (SAR)

Adopted in 1979, SAR outlines responsibilities associated with search and rescue efforts at sea. It imposes obligations on nations to participate in search and rescue and to coordinate efforts with nearby nations.

Some more recent conventions were adopted in the 2000s to further regulate the use and transportation of hazardous materials. Others regulate the management of ballast, which can introduce invasive species into local ecosystems.

What Is the International Maritime Organization?

The International Maritime Organization (IMO) is a UN agency responsible for many maritime laws that apply to ocean waters. It regulates shipping, ensures shipping safety and security, and implements pollution prevention measures.

The IMO is the repository for all the regulations and rules set by the international conventions. It is not responsible for enforcing these rules. Once established by the IMO, the rules become laws signing nations must follow and enforce.

When Should I Work With a Maritime Lawyer?

International maritime law is extensive and complex. Laws regulating maritime industries also vary by nation. The law of one nation may apply to its flagged ships, regardless of the nationality of the crew members.

All of this can get very confusing, so it is necessary to work with experienced maritime lawyers when facing violations of maritime law or liability issues after accidents and injuries. Both shipping companies and individual workers rely on the expertise of these lawyers to navigate complex legal issues.