International Shipping Law and Contemporary Issues

International shipping law plays a crucial role in the regulation of global maritime trade, aiming to ensure the safety, security, and environmental sustainability of the shipping industry. This area of law is governed by a complex web of international conventions, national legislations, and regulatory bodies that harmonise maritime practices and facilitate the smooth operation of global shipping. 

The following sections will discuss key elements of international shipping law, including the International Maritime Organisation (IMO), the Maritime Labour Convention (MLC), 2006, the Merchant Shipping Bill, 2020, and the role of the Director General of Shipping (DG Shipping) in implementing shipping law in India.

International Maritime Organisation – Organisation and Structure – IMO Convention

Background of the IMO

The International Maritime Organisation (IMO) is a specialised agency of the United Nations (UN) responsible for regulating shipping worldwide. Established in 1948 under the IMO Convention and entering into force in 1958, the IMO aims to promote safe, secure, efficient, and environmentally friendly shipping on the world’s oceans.

The primary objectives of the IMO are to:

• Improve safety at sea
• Prevent pollution from ships
• Promote legal frameworks governing shipping and the maritime environment

Organisation and Structure

The IMO operates through a well-structured framework composed of various bodies, each responsible for specific aspects of shipping regulation.

• Assembly: The Assembly is the supreme decision-making body of the IMO. It meets every two years and is composed of representatives from all Member States. The Assembly approves the budget, the work programme, and the admission of new Member States.
• Council: The Council serves as the executive body of the IMO and meets more frequently than the Assembly. It has 40 Member States elected by the Assembly. The Council oversees the IMO’s activities and its finances, making decisions on key issues in between Assembly sessions.
• Committees: The IMO has several specialised committees, including:
  • Maritime Safety Committee (MSC): Focuses on the safety of ships and their operations.
  • Marine Environment Protection Committee (MEPC): Works on issues concerning environmental protection from shipping.
  • Legal Committee: Develops and revises international maritime law.
  • Technical Co-operation Committee: Aims to provide technical assistance to developing countries.
• Secretariat: The IMO Secretariat, headed by the Secretary-General, is responsible for carrying out the day-to-day functions of the Organisation, supporting meetings, and implementing policies.

IMO Conventions

The IMO is responsible for drafting and overseeing the implementation of various conventions that form the backbone of international shipping law. Key IMO conventions include:

• SOLAS (Safety of Life at Sea): Establishes safety standards for ship construction, equipment, and operations.
• MARPOL (Marine Pollution): Regulates the prevention of marine pollution from ships, covering oil spills, garbage, and harmful emissions.
• STCW (Standards of Training, Certification and Watchkeeping): Sets international standards for crew training and certification.
• COLREG (Collision Regulations): Specifies the rules to avoid ship collisions at sea.

Maritime Labour Convention – Implementation at National Level

Overview of the Maritime Labour Convention (MLC), 2006

The Maritime Labour Convention, 2006 (MLC) is an international treaty established by the International Labour Organisation (ILO). It consolidates more than 68 existing ILO conventions and provides comprehensive standards for the working conditions of seafarers. The MLC sets out a set of rights and standards that address key issues such as:

• Seafarers’ working hours and rest periods
• Health and safety on board
• Seafarers’ living and accommodation conditions
• Medical care and repatriation

The MLC is often referred to as the “Seafarers’ Bill of Rights” due to its focus on ensuring fair treatment and decent working conditions for seafarers.

Implementation in India

India ratified the MLC on 11 November 2016, and it entered into force in the country on 4 August 2017. To ensure that national laws comply with MLC standards, India made amendments to the Merchant Shipping Act, 1958, and enacted specific regulations for seafarer welfare, such as:

• Maritime Labour Convention, 2006 (Ratification) Act, 2018: This Act adapts MLC provisions into Indian law, establishing requirements for seafarer employment agreements, recruitment services, and financial security for seafarers.
• Maritime Labour (Indian) Regulations, 2017: These regulations ensure that ships flying the Indian flag comply with MLC requirements through surveys and inspections, and they also provide guidelines for seafarer welfare and dispute resolution.

Challenges in Implementation

While India has made strides in implementing MLC, challenges remain, including:

• Compliance Enforcement: Despite clear guidelines, enforcement at the local port level can be inconsistent. There is a need for more frequent inspections and better training for surveyors.
• Seafarer Awareness: Some seafarers remain unaware of their rights under the MLC, and there is a need for more extensive education and awareness campaigns.
• Shortage of Certified Seafarers: There remains a gap between the demand for and availability of certified maritime professionals, necessitating investments in training and skill development.

Merchant Shipping Bill, 2020

Introduction and Objectives

The Merchant Shipping Bill, 2020 is a comprehensive legislative reform intended to modernise and consolidate India’s shipping laws. The bill seeks to replace the Merchant Shipping Act, 1958 and align Indian law with contemporary international maritime standards. Its main objectives include:

• Improving the efficiency of the shipping industry in India
• Facilitating ease of doing business by streamlining administrative processes
• Incorporating modern safety standards, including those related to environmental protection, crew welfare, and vessel registration

Key Provisions of the Bill

• Unified Ship Registration System: The Bill provides for a streamlined online system for registering ships, thereby reducing the complexities associated with the process. This includes provisions for the registration of Indian and foreign vessels in Indian ports.
• Regulation of Ship Mortgages and Transactions: The Bill introduces clearer provisions regarding ship mortgages, including registration, priority, and enforcement procedures.
• Strengthening of Safety Standards: It incorporates key provisions of SOLAS, MARPOL, and MLC, 2006, into national law. This includes stringent measures for the prevention of pollution, safety at sea, and the welfare of seafarers.
• Penalty Provisions: The Bill increases the penalties for non-compliance with maritime laws, including higher fines and longer imprisonment terms for offences like ship pollution, unsafe shipping practices, and fraudulent certification.
• Electronic Record Keeping: The Bill mandates the use of digital records for various shipping-related documentation, including voyage logs, certificates, and maintenance records, enhancing transparency and reducing administrative burdens.

Challenges and Criticism

• Delay in Passage: Although the Bill was introduced in 2020, its passage through Parliament has been delayed due to the complex nature of the proposed reforms.
• Stakeholder Concerns: Some shipowners have raised concerns about the potential increase in costs due to compliance with new safety and environmental standards, while seafarer unions are calling for more stringent provisions on compensation and repatriation in cases of abandonment.

Role of Director General of Shipping in Implementation of Shipping Law in India

Overview of the Director General of Shipping

The Director General of Shipping (DG Shipping) is the apex national authority responsible for the administration and enforcement of shipping laws in India. The office is part of the Ministry of Ports, Shipping and Waterways and plays a pivotal role in implementing India’s maritime regulations.

Core Functions

The DG Shipping’s core responsibilities include:

• Regulation of Indian Flag Vessels: Ensuring that all ships flying the Indian flag comply with national and international safety, security, and environmental standards.
• Certification of Seafarers: Issuing and regulating the certification of seafarers in accordance with the STCW Convention and other national and international standards.
• Port State Control: The DG Shipping plays an important role in conducting inspections and audits of foreign ships entering Indian ports to ensure compliance with international conventions such as SOLAS and MARPOL.
• Marine Casualty Investigation: The DG Shipping is tasked with conducting investigations into maritime accidents and incidents, issuing safety recommendations, and taking corrective action where necessary.

Implementation of New Laws

The DG Shipping is central to the enforcement of new maritime laws such as the Merchant Shipping Bill, 2020. The office ensures that all provisions of the Bill are implemented, including the registration of ships, regulatory compliance, and the imposition of penalties for violations.

Capacity Building and International Liaison

• Training of Maritime Professionals: The DG Shipping oversees training institutions like the Marine Engineering and Research Institute (MERI) and other maritime training colleges in India. These institutions are responsible for training seafarers, officers, and other maritime professionals.
• Global Representation: The DG Shipping represents India at various international forums, including the IMO, ILO, and other maritime conventions, ensuring that India’s maritime policies align with global standards.

Conclusion

International shipping law is a multifaceted and dynamic field, essential for the regulation of global maritime trade and the protection of the marine environment. Institutions like the IMO and conventions such as the Maritime Labour Convention (MLC) play critical roles in setting the framework for safe, secure, and sustainable shipping practices. 

At the national level, India’s efforts to modernise its maritime laws through the Merchant Shipping Bill, 2020 and the active role of the Director General of Shipping in enforcing these laws are steps in the right direction towards creating a robust maritime industry. 

Although challenges remain in enforcement and implementation, India’s commitment to aligning its shipping laws with international standards will help promote growth in the sector while safeguarding the welfare of seafarers and the marine environment.