INTERNATIONAL LEGISLATION

 

CHAPTER 10 A:  International Maritime Organization

10.1  Shipping being an international activity is required to confirm the international regulations, treaties and similar bilateral agreements. Till the end of the Second World War, most of the agreements were confined to a few nations and that their origin in the British or European laws or practices. With the establishment of the U.N.O, a body under its auspices was founded which was known as Inter-Governmental Maritime Consultative Organization – later on renamed as International Maritime Organization (I.M.O.). The extensive work done by this body encompasses almost every branch of shipping activity which contributes to Safety of Life at Sea. The I.M.O., when examining any subject, receives advice, suggestions and criticism of all nations who are its members.

10.2  India is a party to several conventions developed by the I.M.O. and the United Nations Organization. The International Labour Organization also develops conventions and recommendations relating to the working conditions of seafarers, their safety, identity and other welfare measures for the seafaring community at large. India is a member of International Labour Organization also. To give effect to the requirements of all these conventions, suitable statutory provisions have been made in the Merchant Shipping Act 1958. The Act is also suitably amended as per the requirements of the conventions for giving statutory backing for implementation of the provisions of these conventions.

10.3 So far as the I.M.O. is concerned, a list of conventions and protocols developed since its inception is given below. Out of 36 instruments developed so far, India has ratified 18 instruments and another seven are under consideration for ratification. Some of the conventions are not in force internationally. While for some, taking into consideration the national interest, India has decided not to ratify. The following is the list of final instruments developed by I.M.O., their date of entry into force internationally and India's position about their ratification.

List of Instruments Developed by I.M.O.

    (i)  Protocol relating to Intervention on High Seas in cases of pollution by substances other than oil 1973.

 
    This protocol, which came into force on 30.3.87 contains provisions relating to pollution of High Seas by sewage, by nuclear substances or by chemical. The provisions of this convention are also relevant in terms of intervention convention 1969. Therefore, action will be initiated after examining the issues involved therein including the financial implications to ratify this protocol.

    (ii)  Convention relating to Civil Liability in the fields on Maritime Carriage of Nuclear Materials 1971.

    This Convention which came into force on 15.7.75 mainly lays down the liability of owners of vessels for carriage of nuclear material. This Convention confirms and reinforces the special system establishment by the Convention on Civil Liability for Nuclear Damage 1963 (also known as Vienna Convention). This subject has also been mentioned in the convention on third party liability in the field of Nuclear Energy 1960 (also known as 1960 Paris convention). The Department of Atomic Energy while considering the ratification 1963 Vienna Convention has expresssed that India should not become party to 1963 Vienna convention for the following main reasons:-

    (a)    No important country has become a party to it. Consequently, participation in the Convention would have very limited advantage.
    (b)    Its features are of little appeal or applicability or relevance to India, and no advantage will accrue to India as a result of participation in it.

    They further advised that no useful purpose would be served by ratifying the present convention without becoming party to the Vienna Convention. The Ministry of Surface Transport after having considered the views expressed by the Dept. of Atomic Energy agreed not to press for ratification of this Convention. The position remains the same as on date.

    (iii) , (iv)  &  (v)  The Athens Convention relating to the Carriage of Passengers and their luggage by sea 1976 and 1990 protocols.

    This Convention lays down the liability of Shipowners for death or personal injury to a passenger and also for loss of or damage to Passenger luggage if the incident causing such damage was due to the fault or the neglect of the carrier or his servants or agents. The Liability has been fixed at such a high level (ranging from 18000 francs for loss of / damage, to 7,00,000 francs for death or personal injury). The Indian shipowners who operate Passenger services only in Coastal waters have opposed stating that acceptance of such heavy liability would necessitate substantial increase in passenger fares and Insurance cover. It may be stated that the provision of M. S. Act already provide for liability of owners for personal and property claims, which is lower than the liability under the Athens Convention. Further, there was a proposal to incorporate in the M. S. Act, 1958 specific provisions for casting a liability on shipowners to pay compensation for death or injury to passengers upto Rs. 1 lakh irrespective of whether the owner is at fault or not. However, the M. S. Act Review Committee which was set up to review the existing Act recommended giving powers to the Central Govt.  to fix such lower limit of liability on Shipowners of ships (in respect to claims related to passengers carried by the ships in coastal trade of India) as may be notified by the Central Govt. from time to time. Simultaneously the committee did not favor the system of payment of specific compensation irrespective of shipowners fault as claimants could claim even higher compensation but within the limit notified by government as suggested above. For these reasons, the ratification of Convention / Protocols has not been taken up.

    (vi)    The Convention on Limitation of Liability for Maritime Claims, 1976.

    This Convention has replaced International Convention relating to the Limitation of Liability of owners of seagoing ships, 1957. It came into force from 1^st December, 1986. The provisions of 1957 Convention have already been incorporated in the M. S. Act, 1958. The 1976 Convention mainly increase the amounts of limits of liability for loss of life or damage to property by almost two to four times the limits prescribed by the 1957 Convention. It has also specific provision for compensations to be given for death or injury of a passenger and loss or damage to passengers luggage equivalent to the provisions of the Athens Convention.

    (vii)    The Torremolinos International Convention on safety of fishing vessels 1977 (revised by protocol of 1993)

    This Convention which has not  come into force prescribed international standards for construction, survey, equipment, maintenance and operation of fishing vessels propelled by mechanical means of propulsion. It has not come into force. The question of its ratification by India has not yet been considered since there are very few fishing vessels of the type mentioned in the convention, operating in India. However the provisions of the convention are kept in mind while approving while approving technical plans relating to construction of new fishing vessels.

    1.Freedom of Association and protection of the right to Organize, Convention 1948 (No. 87)

    2. Right to organize and collective Bargaining Convention 1949 (No. 98).

    3.  Medical Care and Sickness Benefits Convention 1969 (No. 130)

    4.  Minimum Age Convention 1973 (No. 138).

10.7.  The International Labour Organization has also developed certain recommendations on international labour standards for seafarers to provide guidance on policy, legislation and practice. These recommendations are: -