The International Maritime Organisation: Volume 2: Accidents at Sea (Routledge Revivals)

Cover
Half Title
Title Page
Copyright Page
Original Title Page
Table of Contents
Abbreviations
Table of Cases
Introduction
Chapter I: Reporting, Investigation, Statistics  and Causes of Accidents
	(i): Reporting of Casualty or Incident
		1: IMO Requirements
			IMO Resolutions
			IMO Conventions
			Deficiency Reports
		2: English Law Requirements
	(ii): Inquiries and Investigations
		1: IMO Rules
		2: English Law Rules
			Historical background
			The objective of an inquiry
			The Law governing inquiries
			Formal Investigation
			Re–hearing and appeal
			Inquiries into the death of a person on a British ship
			Prohibition or Improvement Notices
	(iii): Casualty Statistics
		IMO statistics
		Recent statistics (1930-84)
	(iv): Causes of Accidents
		1: Defects in the design, structure of the ship or failure of the machinery
		2: Nature of the cargo, fires, explosions and/or method of stowage
		3: Perils of the Sea
		4: Sub-standard ships
			The EEC Memorandum on Port Control, 1982
		5: Working methods
		6: Human error
		7: War, sabotage and maritime fraud
Part One: Accidents
	Chapter II: Collision as a Major Cause of Accidents
		(i): The Collision Rules
			1: A brief analysis of the Collision Regulations, 1972
			2: The 1981 Amendments (first set)
			3: Proposed Amendments (second set)
				Rule 3(h)
				Rule 8(f)
				Rule 10(a)
				Rule 10(c)
				Rule 10(d)
				Annex I, Section 2(d)
				Annex I, Section 2(i) (ii)
				Annex I, Section 10
				Annex IV, paragraph l(i)
			4: Duties of Masters in cases of collision
		(ii): Civil Liability
			1: Fault
				Elements of fault
				A - Duty to take care
					Good seamanship: a common law duty
					Statutory duty
				B - Breach of duty
				Inevitable accident
				Evidence
				Res ipsa loquitur
				Conditions for application of res ipsa loquitur
			2: Damages
				Division of damages
				Right of recovery against two negligent vessels
			3: Causation
				Intervening natural event
				Intervening act of a third party
				Intervening act of the plaintiff
			4: Limitation of liability
				The meaning of \"ship\"
				Persons entitled to limit liability
				Fault or privity
				The amount of limitation
		(iii): Criminal Liability
			1: General Principles
				Meaning of a crime
				Elements of a crime
				Mens Rea
				Wilful default
				Recklessness
				Negligence
				Actus Reus
				Offences of strict liability
			2: Vicarious liability
				Where the servant\'s act is his Master\'s act in law
				Where the Master delegates his duties to the servant
				Where the servant is capable of being a Master
			3: Defences
				Mistake
				Drunkenness or intoxication by drugs
				Necessity or agony of the moment
				Superior orders
			4: Particular offences
				Failure to render assistance following a collision
				Proceeding to sea from a UK port in contravention of a detention order
				Carrying passengers in excess of a certified maximum
				Proceeding against the traffic flow in a traffic separation scheme
				A ship is unfit to go to sea without serious danger to life
				Discharge of oil or oily mixture into the sea from ships
			5: The Jurisdictional zones
				Territorial waters
				High seas
	Chapter III: Other Causes of Navigational Accidents
		(i): Vessel Traffic Services (VTS)
			1: General Considerations
				Background development
				Meaning of VTS
				Worldwide application of VTS
				The IMO role
				The EEC decision
				Aspects of VTS
			2: Operational Procedures
				Objectives and reasons
				VTS Authority
				Scope of application
				Elements of VTS
				Code of Practice
			3: Legal Aspects
				The duty and responsibility of the harbour authority
				Safe port
				Regulations of the harbour
				The information provided by the VTS
				The duties of the Master
				The liability of the Controller and the Master
		(ii): Accidents Caused by Defective Charts
			1: Charting Principles
				A: The functions of the chart
				B: The work and duties of the chartmaker or hydrographer
					The work
					Compilation
					Promulgation
					Production
					The duties
				C: The efforts of the IHO
					Establishment
					Objectives
					Problems with which the IHO are concerned
					The major works of the IHO
					Co-operation with the IMO
					Regional hydrographic commissions or charting groups
				D: Future development: the electronic chart
					Advantages
					Disadvantages
			2: Rules on Liability
				A: Liability of the chartmaker
					Meaning of \'product\'
					Meaning of the term \"defective\"
					Subsidiary rules
				B: The agent\'s liability
				C: The shipowner\'s liability
				D: The Master\'s liability
				E: Liability for defects in the electronic chart
		(iii): Accidents with Wrecks
			When a ship becomes a wreck
			Meaning of \"wreck\"
			Title to the wreck
			Historic and dangerous wreck sites
			Duties of the owner
			Duty to mark the wreck
			The marks
			Duty to remove the wreck
			Duties and powers of the harbour authority
			Liability to third party
			Limitation of liability
			The IMO efforts
			The 1972 draft
			The 1974 draft
			Geographical scope of application of the proposed instrument
			Types of \"hazards\" covered by national laws
			The party responsible
			Financial liability
Part Two: Consequential Actions and Claims
	Chapter IV: Salvage and Towage
		(i): The Law of Salvage
			The concept of salvage
			Public and private rules
			Recent developments
			Reforms
			1: The rules of salvage
				The incidents of salvage
				Maritime property
				Ship
				Wrecks
				Cargo
				Bunkers
				Freight
				Aircraft
				Human lives
				Services in tidal and non-tidal waters
				Services to an aircraft
				Action to be taken when survivors are picked up
				A: Conditions of a reward
					(a) Danger
					(b) Voluntary character of the services
						Legal duty
						The Royal Navy and the Royal Air Force
						Coastguards
						RNLI
						Contractual, duty
					(c) Success
					Relations between several salvors
					Lien
				B: Negligence of the salvor
					Limitation of liability
				C: Assessment of the award
					Apportionment
					Interest on salvage remuneration
			2: Salvage Agreements
				A: Application of the general rules of the law of contract
					Setting aside the agreement
					Parties to the agreement
				B: The Lloyd\'s Standard Form of Salvage Agreement (LOF 1980)
					Analysis of the Agreement
					The Preamble
					Clause 1(a)
					Clause 1(b)
					Clause 1(c)
					Clause (d)
					Clause 2. Owners\' duties
					Clause 3
					Clauses 4 and 5
					Clause 6(a) and (b)
					Conduct of the arbitration (c1. 11 and 12)
					Provisions as to appeal (c1.13) and Conduct of the appeal (c1.14)
					Provisions as to payment (c1.15)
					General provisions
			3: The draft Convention on Salvage
				Art. 1-1 Definitions
				Art. 1-2 Scope of application
				Art. 1-3 Salvage operations controlled by Public Authorities
				Art. 1-4 Salvage Contracts
				Art. 1-5 Invalid contractual terms
				Art. 2-1 Duty of Owner and Master
				Art. 2-2 Duties of the Salvor
				Art. 2-3 Duty to render assistance
				Art. 2-4 Co-operation of Contracting States
				Art. 3-1 Conditions for rewar
				Art. 3-2 The amount of the reward
				Art. 3-3 Special Compensation
				Art. 3-4 Apportionment between Salvors
				Art. 3-5 Salvage of Persons
				Art. 3-6 Services rendered under existing contracts
				Art. 3-7 The effect of salvor\'s misconduct
				Art. 3-8 Prohibition by the Owners or Master
				Art. 4-1 Maritime lien
				Art. 4-2 Duty to provide Security
				Art. 4-3 Interim payment
				Art. 4-4 Limitations of actions
				Art. 4-5 Jurisdiction
				Art. 4-6 Interest
				Art. 4-7 Publication of Arbitral Awards
				Art. 5-1 Limitation of liability
		(ii): The Law of Towage
			Resolution A.535(13)
			1: The Rules of Towage
				A: Duties of the tug and tow
					Common duties
					Duties of the tug
					Duties of the tow
				B: Limitation of liability
			2: Contracts of Towage
				Distinction between towage and carriage
				Train boats
				LASH
				Supply of Goods and Services Act, 1982
				Standard Forms
				Analysis of the UK Standard Conditions for Towage and Other Services (Revised, 1983)
	Chapter V: General Average
		Introduction
		Historical background of the general average rules
		The nature of the Rules
		(i): General Average Act
			A sacrifice
			An expenditure
			Conditions
		(ii): Outline of the Rules
			1. The Lettered Rules
			2. The Numbered Rules
		(iii): Adjustment of General Average Contribution
			Valuation of the Contributing Interests
			Security
			The Average Bond
			The Underwriters\' Guarantees
			Deposits
			Evaluation of the Rules
	Chapter VI: Personal Injury
		(i): Seafarers and Other Persons on Board the Ship
			Safety Regulations
			Occupational safety
			The \"Code of Safe Working Practice for Merchant Seamen\"
			1: General Principles
				Common law
				The tort of negligence
				Measure of damages
				Breach of statutory duties
				Access between ship and shore
				Protective clothing
				Dangerous goods
			2: Safety, Liability and Compensation Acts
				A. Safety Acts and Regulations
					The Factories Act, 1961
					The Health and Safety at Work Act, 1974
					The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations, 1982
					The Merchant Shipping (Health and Safety: General Duties) Regulations, 1984
				B: Liability and Compensation Acts
					The Occupiers\' Liability Act, 1957
					The Employers\' Liability (Compulsory Insurance) Act, 1969
					The Employers\' Liability (Defective Equipment) Aci, 1969
			3: Jurisdiction
				The place of tort
				Can an employee bring his action before a foreign court?
				The Jones Act in the United States
				Factors to be considered
		(ii): Passengers
			1: The Athens Convention on the Carriage of Passengers and their Luggage on Board Ships, 1974
			2: Carriage of Passengers under English Law
				A: Safety Rules
					Ships engaged on international voyages
					Ships not engaged on international voyages
				B: Transport Rules
	Chapter VII: Pollution
		(i): Oil
			1: The discharge provisions and related requirements
				Discharge provisions
				Reporting
				Reception facilities
				Keeping oil records
			2: Liability and Compensation
				The CLC, 1969
				The Fund Convention, 1971
				Voluntary Schemes: Tovalop and Cristal
		(iii): Noxious Liquid Suestances
			1: Hazards and duties
				A: Hazards
					Chemicals
					The release of liquefied gas into the atmosphere
					Safety regulations
				B: Duties
					The IMO Codes
					Annex II of MARPOL
					The Merchant Shipping Prevention of Pollution (Reception Facilities) Order, 1984
					State liability
			2: The Draft Convention on Hazardous and Noxious Substances (HNS)
				The preparation of the draft
				A review of some provisions of the draft
				Definitions
				Scope of application
				Basis of liability
				The party liable for the damage
				Limitation of liability
				Compulsory Insurance
Appendices
	Appendix I: The York-Antwerp Rules, 1974
	Appendix II: Lloyd\'s Average Bond
	Appendix III: Valuation Form
	Appendix IV: General Average Guarantees
	Appendix V: Health and Safety at Work Seafarers
	Appendix VI: Draft Articles for a Convention on Liability and Compensation in Connection with the Carriage of Noxious and Hazardous Substances by Sea
Index