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1
UNIVERSIDAD DEL ISTMO
PROGRAMA ANALTICO
CARRERA
LICENCIATURA EN ADMINISTRACIN DE NEGOCIOS
MARTIMOS CON NFASIS EN PUERTOS Y TRANSPORTE
MULTIMODAL
MATERIA:
INGLS TCNICO MARTIMO II
PRERREQUISITOS:
INGLS TCNICO MARTIMO I
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UNIVERSIDAD DEL ISTMO
NDICE
ndice ................................................................................................................ 2 1 Introduccin ............................................................................................... 5 2 Presentacin .............................................................................................. 7 3 Carta al Participante ................................................................................... 9 4 Objetivos de la Asignatura ........................................................................ 10 5 Perfil del Docente ..................................................................................... 12 6 Programa .................................................................................................. 13 7 Esquema Conceptual de la Materia .......................................................... 15 8 Module 1.Ocean pollution ........................................................................ 16
8.1 Content .............................................................................................. 16 8.2 Objectives of the module ................................................................... 16 8.3 Graphic concept of the module .......................................................... 17 8.4 Lectures.............................................................................................. 18
8.4.1 Lecture 1: Oil pollution ................................................................. 18 Ocean pollution .............................................................................................. 18
8.4.2 Lecture 2: Heavy metal pollution .................................................. 27 8.4.3 Lecture 3: Radioactive pollution .................................................. 31 8.4.4 Lecture 4: Waste disposal ............................................................ 33 8.4.5 Lecture 5: MARPOL 73/78 ........................................................... 37 8.4.6 Auto evaluation ............................................................................ 42
8.5 Videos ................................................................................................ 42 8.5.1 Video: The legacy of Exxon Valdez ................................................ 42 8.5.2 Video: BPs Deepwater Horizon oil rig disaster ............................. 43
8.6 Assignments ....................................................................................... 43 8.6.1 Individual assignment .................................................................. 43 8.6.2 Group assignment ........................................................................ 43
9 Module 2.Collisions and savage ................................................................ 44
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9.1 Content .............................................................................................. 44 9.2 Objectives of this module ................................................................... 44 9.3 Graphic concept of the module .......................................................... 45 9.4 Lectures.............................................................................................. 46
9.4.1 Lecture 6: COLREGs ..................................................................... 46 9.4.2 Lecture 7: Reports in case of marine casualties ........................... 50 9.4.3 Lecture 8: Marine salvage ........................................................... 53 9.4.4 Lecture 9: Salvage contracts ......................................................... 59 9.4.5 Auto evaluation ............................................................................ 65
9.5 Videos ................................................................................................ 65 9.5.1 Code Red: Adriyatic ...................................................................... 65 9.5.2 Video: Pearl Harbor Salvage Operations ...................................... 65 9.5.3 Video: Marine Salvage Basics ....................................................... 66
9.6 Assignments ....................................................................................... 66 9.6.1 Individual assignment .................................................................. 66 9.6.2 Group assignment ........................................................................ 66
10 Module 3.Labour disputes and disciplinary procedures ........................ 67 10.1 Content ........................................................................................... 67 10.2 Objectives of this module ................................................................ 67 10.3 Graphic concept of the module ....................................................... 68 10.4 LECTURES ........................................................................................ 69
10.4.1 Lecture 1:International Labour Convention .................................. 69 10.4.2 Lecture 2: Crimes committed at sea: Maritime piracy .................. 73 10.4.3 Lecture 3: Maritime liens .............................................................. 83 10.4.4 Lecture 4: General averages ......................................................... 86 10.4.5 Auto evaluation ............................................................................ 89
10.5 Videos ............................................................................................. 89 10.5.1 MV Faina Pirates hostage .......................................................... 89
10.6 Assignments .................................................................................... 90 10.6.1 Individual assignment .................................................................. 90 10.6.2 Group assignment ........................................................................ 90
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11 Module 4.Stowaways and refugees ....................................................... 91 11.1 Content ........................................................................................... 91 11.2 Objectives of this module ................................................................ 91 11.3 Graphic concept of the module ....................................................... 92 11.4 LECTURES ........................................................................................ 93
11.4.1 Lecture 1: Definition of stowaways .............................................. 93 11.4.2 Lecture 2: Precaution to prevent stowaways ................................ 95 11.4.3 Lecture 3: International procedures regarding stowaways ........... 98 11.4.4 Auto evaluation .......................................................................... 103
11.5 Videos ........................................................................................... 103 11.5.1 Stowaways Maritime training ................................................. 103
11.6 Assignments .................................................................................. 103 11.6.1 Individual assignment ................................................................ 103 11.6.2 Group assignment ...................................................................... 104
Bibliography ................................................................................................. 105
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UNIVERSIDAD DEL ISTMO
1 INTRODUCCIN
En la era de la globalizacin, el lenguaje se convierte en un elemento
imprescindible para la comunicacin, la negociacin y para culminar los
intercambios mercantiles. Esto constituye un rasgo esencial para
adecuarse a las normas que imperan en el funcionamiento de las
actividades econmicas.
En el campo de las actividades martimas, el ingls est reconocido como la
lengua de trabajo por la Organizacin Martima Internacional (OMI).
Sumado a esto, las comunicaciones en ingls adquieren cada da una
mayor importancia en el proceso de estandarizacin de las gestiones
realizadas para el desarrollo del transporte martimo, a la luz del creciente
nmero de intercambios internacionales de mercancas y de servicios por
va martima, y debido a la proliferacin de profesionales que hablan
idiomas diferentes.
Es por estas razones que los estudiantes de la carrera de Administracin
de Negocios Martimos con nfasis en Puertos y Transporte Multimodal
requieren dominar el idioma ingls y de la terminologa de trabajo.
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Este manual pretende proporcionar una gua til que aporte el material
adecuado y de apoyo en el proceso de aprendizaje iniciado en el mdulo de
Ingls Tcnico Martimo I.
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2 PRESENTACIN
Reciban una cordial bienvenida al mdulo denominado Ingls Tcnico
Martimo II.
El curso ha sido diseado para ofrecer al alumno oportunidades para
practicar y aplicar, en situaciones reales de trabajo, el idioma ingls, a la
vez que va adquiriendo vocabulario y terminologa propia de la carrera.
Para alcanzar los objetivos de este curso, se requiere realizar actividades
grupales e individuales; pero sobre todo, exige un considerable
compromiso por parte del estudiante. Se recomienda que cada individuo
analice su nivel de ingls y en base a este, administre su tiempo de auto
aprendizaje.
A continuacin, presentamos la distribucin de los contenidos analticos
del presente curso de acuerdo a sus actividades y tiempo de realizacin.
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Actividad H/Sem. H/Cuatrimestre Crditos
Teleclases 2 8
Trabajo en grupo 2 8
Tutor online 5 20
Auto aprendizaje 27 108
Total 36 144 3
El material ser cubierto en cuatro (4) semanas y su contenido se divide en
cuatro mdulos (4) a saber:
1. Ocean pollution
2. Collisions and salvage
3. Labor disputes and other legal aspects
4. Stowaways and refugees
Cada mdulo se divide en unidades y por cada mdulo hay tareas y/o
actividades especficas que se deben entregar en las fechas asignadas.
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3 CARTA AL PARTICIPANTE
Los temas que componen el ingls tcnico martimo, revisten gran
importancia por las diversas variables que convergen en el transporte
martimo internacional.
Debemos ser conscientes que la industria martima en sus diferentes
etapas exige al profesional el conocimiento de un determinado nivel de
complejidad tcnica, comercial y econmica. Por su alto nivel de
globalizacin en el que intervienen diversos actores, de diferentes culturas
e idiomas, el ingls tcnico martimo brinda el punto de enlace para una
comunicacin efectiva
Es innegable que el contenido de este material, se hace de mayor valor
agregado al incluir elementos actualizados, lo cual hace de obligado
cumplimiento su estudio y su anlisis, por todo aquel que decida trabajar
en el fascinante mundo martimo.
Estimados participantes, Bienvenidos!
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4 OBJETIVOS DE LA ASIGNATURA
Objetivos Generales
Desarrollar la comprensin auditiva y la conversacin utilizando los
diferentes elementos y destrezas del idioma Ingls para expresar
ideas y pensamientos e interpretar lo expuesto por otras personas
en el quehacer empresarial y de negocios.
Adquirir los fundamentos gramaticales bsicos, el vocabulario y la
terminologa que le permita comunicarse en forma oral y escrita e
interpretar textos escritos relacionando todo este contenido a su
ambiente de trabajo.
Destacar la importancia del ingls en el sector martimo nacional e
internacional.
Objetivos Especficos
To get information about the ocean pollution.
To point out the importance the proper disposal of wastes.
To find out information the different types of pollutants.
To give information about MARPOL.
To discuss the responsibilities in case of maritime casualties.
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UNIVERSIDAD DEL ISTMO
To evaluate the different situation between vessels that might end
up as a casualty.
To prepare reports in case of maritime casualties.
To comprehend salvage contracts and services.
To evaluate the laws related to seamen.
To comprehend the various offenses and crimes committed at sea
and their penalties.
To discuss about maritime liens.
To evaluate the risk of stowaways.
To prevent stowaways.
To discuss the procedures regarding stowaways.
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UNIVERSIDAD DEL ISTMO
5 PERFIL DEL DOCENTE
La profesora Ana Raquel Ulloa es ingeniera industrial, egresada de la
Universidad Catlica Santa Mara la Antigua. Posee maestras en Gestin de
Proyecto de la Universidad Tecnolgica de Panam, Economa y Logstica
Martima de la Universidad Erasmus de Rotterdam y Educacin Superior
de la Universidad del Istmo.
Cuenta con una experiencia de ms de casi diez aos en la Industria
Martima y Logstica e incluye empresas como APM Terminals, Maersk
Line, Panama Ports Company, entre otros, en asignaciones en Rotterdam,
Miami y Panam. Es consultora Logstica y Martima. En los ltimos aos
ha dictado cursos a nivel de Licenciatura y Maestra en diferentes
universidades panameas.
Es miembro de la Red de Expertos Iberoamericanos en Energa y Gestin
Portuaria y miembro de la Asociacin Internacional de Economistas
Martimos.
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6 PROGRAMA
A continuacin se presenta el programa de la materia ingls tcnico
martimo presentado en mdulos y unidades de estudio.
Module 1. Ocean pollution.
UNIT 1. Oil pollution
UNIT 2. Heavy metal pollution
UNIT 3. Radioactive pollution
UNIT 4. Waste disposal
UNIT 5. MARPOL
Module 2. Collisions and salvage.
UNIT6. COLREGs
UNIT7. Reports in case of marine casualties
UNIT 8. Marine salvage
UNIT 9. Salvage contacts
Module 3. Labor disputes and crimes committed at sea.
UNIT 10. Maritime Labor Convention
UNIT 11. Crimes committed at sea: Maritime piracy
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UNIT 12. Maritime liens
UNIT 13. General average
Module 4. Stowaways and refugees.
UNIT 14. Definitions of stowaways
UNIT 15. Precautions to prevent stowaways
UNIT 16. International procedures regarding stowaways
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7 ESQUEMA CONCEPTUAL DE LA MATERIA
Technical Maritime English II
Ocean pollution
Collisions and savage
Labor disputes and
crimes committed at
sea
Stowaways and refugees
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8 MODULE 1.OCEAN POLLUTION
8.1 CONTENT
UNIT 1. Oil pollution
UNIT 2. Heavy metal pollution
UNIT 3. Radioactive pollution
UNIT 4. Waste disposal
UNIT 5. MARPOL
8.2 OBJECTIVES OF THE MODULE
At the end of this module, the student would be able to:
To get information about the ocean pollution.
To point out the importance the proper disposal of wastes.
To find out information the different types of pollutants.
To give information about MARPOL.
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8.3 GRAPHIC CONCEPT OF THE MODULE
Ocean pollution
Oil pollution
Heavy metal
pollution
Radioactive pollution
Waste disposal
MARPOL
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OCEAN POLLUTION
POLLUTION IN THE OCEAN IS
A MAJOR PROBLEM THAT IS
AFFECTING THE OCEAN AND
THE REST OF THE EARTH,
TOO. POLLUTION IN THE
OCEAN DIRECTLY AFFECTS
OCEAN ORGANISMS AND
INDIRECTLY AFFECTS HUMAN
HEALTH AND RESOURCES.
OIL SPILLS, TOXIC WASTES,
AND DUMPING OF OTHER
HARMFUL MATERIALS ARE ALL
MAJOR SOURCES OF
POLLUTION IN THE OCEAN.
PEOPLE SHOULD LEARN MORE
ABOUT THESE BECAUSE IF
PEOPLE KNOW MORE ABOUT
POLLUTION IN THE OCEAN,
THEN THEY WILL KNOW MORE
ABOUT HOW TO STOP
POLLUTION.
8.4 LECTURES
8.4.1 Lecture 1: Oil pollution
When it comes to mixing oil and water, oceans suffer
from far more than an occasional devastating spill.
Disasters make headlines, but hundreds of millions of
gallons of oil quietly end up in the seas every year,
mostly from non-accidental sources.
The graph below shows the average quantity of oil
each source puts into the oceans worldwide.
THE NATIONAL ACADEMIES, 2002
600
38
150
480
0 100 200 300 400 500 600 700
Natural seeps
Extraction
Transportation
Consumption
Average annual input of petroleum
to marine waters by source,
1990 - 1999 (kilotons)
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Consumption of petroleum - Down the drain
Used engine oil can end up in waterways. An average oil change uses five quarts;
one change can contaminate a million gallons of fresh water. Much oil in runoff
from land and municipal and industrial wastes ends up in the oceans.
Transportation of petroleum - Routine
Maintenance
Every year, bilge cleaning and other ship
operations release millions of gallons of oil
into navigable waters, in thousands of
discharges of just a few gallons each.
Consumption of petroleum - Up in Smoke
Air pollution, mainly from cars and industry, places hundreds of tons of
hydrocarbons into the oceans each year. Particles settle, and rain washes
hydrocarbons from the air into the oceans.
Natural Seeps
Some ocean oil pollution is natural. Seepage from the ocean bottom and eroding
sedimentary rocks releases oil.
VESSEL MAINTENANCE
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Transportation of petroleum - Big Spills
Only about 5% of oil pollution in oceans is due to major tanker accidents, but
one big spill can disrupt sea and shore life for
miles.
Extraction of petroleum - Offshore Drilling
Offshore oil production can cause ocean oil
pollution, from spills and operational discharges.
Accidents
Large spills, even though a relatively minor source of ocean oil pollution can be
devastating. The same amount of oil can do more damage in some areas than
others. Coral reefs and mangroves are more sensitive to oil than sandy beaches
or sea-grass beds.
Oil-covered fur or feathers can't insulate marine mammals and diving birds from
cold water, and when an animal cleans itself, it also swallows oil.
Even if oil exposure isn't immediately lethal, it can cause long-term harm.
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Most of the world's largest oil spills fit into three different categories:
Tanker accidents account for most of the world's oil spills that exceed 1 million
barrels. Although large out-of-control well spills have not occurred frequently
they are responsible for some of the largest spills.
Summaries of the spills shown on the map are presented in the paragraphs
Largest oil spills
Acts of war
Out of control wells
Tanker accidents
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below.
Gulf War Oil Spill (1991 - Kuwait)
During the Gulf War, Iraqi forces invaded Kuwait. As they were being driven out
by Coalition forces they opened pipeline valves at the Sea Island Oil Terminal,
spilling the oil onto the ground. They also spilled the cargo of tankers into the
Persian Gulf. During their retreat they set many fires at wells and pipeline
terminals. It is impossible to determine the total volume of oil spilled but the
total could be about 11 million barrels.
Lakeview Gusher (1910-11 -
California, USA)
The Lakeview Gusher was an
out-of-control oil well that
spilled an estimated 9 million
barrels of oil in Kern County,
California. The well delivered oil
faster than crews were able to
route it into storage tanks. The pressurized well erupted like a geyser, spilling oil
onto the ground for over one year until it played out naturally.
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Deepwater Horizon (2010 - Gulf
of Mexico)
The Deepwater Horizon Oil Spill
began on April 20, 2010 when an
explosion destroyed the Deepwater
Horizon drilling rig, causing a
pressurized flow of oil near the
wellhead on the Gulf of Mexico
floor in over 5,000 feet of water. Numerous attempts to stop the leak in that
difficult environment were partially successful. The well was finally killed on
September 19, 2010. The amount of oil lost is unknown because accurate
estimates cannot be made from ocean floor video observations. The high
estimate from the government-appointed Flow Rate Technical Group is 4.9
million barrels.
Ixtoc (1979 - Gulf of Mexico)
Ixtoc was an exploratory well being drilled by Pemex, Mexico's government-
owned oil company, in the Bay of Campeche, Gulf of Mexico.
It was located about 60 miles northwest of Ciudad del Carmen in waters about
160 feet deep. The spill was triggered when the drilling rig lost mud circulation
and pressure reduction on the reservoir triggered a blowout. The oil caught fire
and the rig collapsed into the ocean. The estimated amount of oil spilled was 3.3
million barrels.
DEEPWATER HORIZON
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Atlantic Empress (1979 - West Indies)
The Atlantic Empress was a Greek oil tanker that collided with another ship off
the coast of Trinidad and Tobago on July 19, 1979. About 2.12 million barrels of
oil were spilled.
Mingbulak (1992 - Uzbekistan)
The Mingbulak oil spill occurred on March 2, 1992 at the Mingbulak oil field in
the Fergana Valley of Uzbekistan. The spill was caused by a blowout that caught
fire and burned for two months. About 2.11 million barrels of oil were contained
behind an emergency dam.
ABT Summer (1991 - Atlantic Ocean)
The ABT Summer was a tanker that was severely damaged by an explosion on
May 28, 1991 off the coast of Angola. It was carrying a cargo of about 1.92
million barrels of crude oil. The tanker sank in the Atlantic.
Castillio de Bellver (1983 - Atlantic Ocean)
The Castillio de Bellver was severely damaged by a fire on August 6, 1983 off the
coast of South Africa with about 1.87 million barrels of oil on board. The tanker
washed aground and broke in two. The stern drifted from shore and sank in the
Atlantic.
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Amoco Cadiz (1978 - Atlantic Ocean)
The Amoco Cadiz was a very large
crude carrier that encountered an
extreme storm and ran aground on the
coast of Brittany, France on March 16,
1978. The ship had about 1.6 million
barrels of oil onboard. A rip in the hull
from the grounding started the spill. The ship broke up over the next few days,
spilling most of the oil.
MT Haven (1991 - Mediterranean)
The MT Haven was a very large crude carrier that caught fire and sank in the
Mediterranean Sea off the coast of Italy on April 11, 1991. It was carrying 1.14
million barrels of crude oil.
AMOCO CADIZ
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The Exxon Valdez oil spill
THE EXXON VALDEZ OIL SPILL OCCURRED IN PRINCE WILLIAM SOUND, ALASKA, ON MARCH 24, 1989, WHEN THE TANKER STRUCK IN PRINCE WILLIAM SOUNDS BLIGH REEF AND SPILLED 260,000 TO 750,000 BARRELS OF CRUDE OIL. HOWEVER, PRINCE WILLIAM SOUND'S REMOTE LOCATION, MADE GOVERNMENT AND INDUSTRY RESPONSE EFFORTS DIFFICULT. THE REGION IS A HABITAT FOR SALMON, SEA OTTERS, SEALS AND SEABIRDS. THE OIL, COVERED 2,100 KM OF COASTLINE, AND 28,000 KM2 OF OCEAN.
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8.4.2 Lecture 2: Heavy metal pollution
Heavy metals are a great concern because they enter the food chain. Some
dangerous metals being introduced into the ocean are mercury, lead, nickel,
arsenic, cadmium and copper. These metals do not disintegrate rapidly in the
marine environment and can accumulate in living organisms.
Heavy metals have a relatively high density and are toxic or poisonous at low
concentrations. Mercury and lead poisoning cause brain damage and behavioral
disturbances in children. Copper is also dangerous to marine organisms, it has
been used in marine anti-fouling paints.
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However, coal combustion, electric utilities, steel and iron manufacturing, fuel
oils, fuel additives, and incineration of urban refuse are the major sources of
oceanic and atmospheric contamination by heavy metals.
Heavy metal contaminated runoff from the land, rain of pollutants from the air,
and fallout from shipwrecks pollute the ocean with dangerous metals.
Antifouling paints
Heavy metals contained in marine ship-antifouling paints are generally
acknowledged to be one of the most important sea pollution sources.
The invention of organotin self-polishing antifouling technology in 1960s
marked a new stage of antifouling technology development. According to the
IMO, this kind of antifouling paints was widely used on ships. In the recent
decades, there has been an increasing understanding of the harmful effects
caused by organotins upon the marine environment. Organotin is so toxic that
even very low concentration could cause damage to sea animals, such as oysters,
mussels, fish, and shellfish, causing harmful effects on public health through the
food chains.
The application of organotin antifouling paints got to be restricted in the late
1980s. A legal ban, from IMO came into effect in 2003, and it was stipulated in
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UNIVERSIDAD DEL ISTMO
explicit terms that all ships coated with organotin antifouling paints would not
be permitted to berth.
Ship breaking
Most of the heavy metal pollution comes from ship breaking or ship demolition,
which is a type of ship disposal involving the breaking up of ships for scrap
recycling, with the hulls being discarded in ship graveyards. Most ships have a
lifespan of a few decades before there is so much wear that refitting and repair
becomes
uneconomical.
Ship breaking
allows materials
from the ship,
especially steel, to
be reused.
The ship breaking
industry creates
numerous hazards
for the coastal and
marine
environment. Ship breaking releases a large number of dangerous pollutants,
including toxic waste, oil, polychlorinated biphenyls, and heavy metals, into
SHIP BREAKING IN INDIA
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UNIVERSIDAD DEL ISTMO
the waters and seabed. While most of the oil is removed before a ship is
scrapped, sand used to mop up the remaining oil is thrown into the sea. High
concentrations of oil and grease,
including solid waste, are then found in
the coastal waters, choking marine life.
Ship breaking has become an issue of
major environmental concern. Many
ship breaking yards in developing
nations have lax or no environmental
law, enabling large quantities of highly
toxic materials to escape into the
environment and causing serious
health problems among ship breakers,
the local population and wildlife.
U.S. AGREES TO REMOVE TOXIC 'GHOST
FLEET' SHIPS MARCH 2010
AFTER YEARS OF LEGAL WRANGLING, THE
FEDERAL GOVERNMENT AGREED TO REMOVE A
FLEET OF MILITARY SHIPS THAT HAS DROPPED
TONS OF HEAVY METAL POLLUTION INTO A
WATERWAY NORTHEAST OF SAN FRANCISCO.
AS PART OF A SETTLEMENT WITH
ENVIRONMENTAL GROUPS, THE U.S.
MARITIME ADMINISTRATION SAID IT WILL
REMOVE 52 OBSOLETE VESSELS, NICKNAMED
THE GHOST FLEET, FROM THE ESTUARY
BETWEEN THE SAN FRANCISCO BAY AND THE
SACRAMENTO-SAN JOAQUIN RIVER DELTA.
OFFICIALS SAY IT IS LIKELY THAT ALL OF THE
SHIPS WILL BE TOWED OUT OF THE BAY AND
RECYCLED FOR SCRAP.
THE SHIPS ALREADY HAVE SHED MORE THAN
20 TONS OF HEAVY METALS INTO THE BAY,
INCLUDING LEAD, ZINC, COPPER AND
CADMIUM, SAID MICHAEL WALL, CHIEF
LITIGATOR FOR THE NATURAL RESOURCES
DEFENSE COUNCIL IN SAN FRANCISCO. IF
THEY ARE NOT CLEANED UP, THEY COULD LOSE
AS MUCH AS 50 TONS MORE.
"MANY OF THESE SHIPS HAVE BEEN MOORED
THERE SINCE THE VIETNAM WAR WITH NO
MAINTENANCE," SAID WALL, WHO ESTIMATES
THAT THE CLEANUP COULD COST MORE THAN
$100 MILLION. "THE PAINT, LOADED WITH
HEAVY METALS, HAS BEEN FLAKING OFF AND
POLLUTING THE BAY."
GHOST FLEET, SAN FRANCISCO
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8.4.3 Lecture 3: Radioactive pollution
Commercial nuclear reactors as well as medical,
research, industry and military facilities produce
radioactive waste. The ocean bed is used for the
dumping of high level nuclear waste, as an
alternative to disposal on land. These discharges
have resulted in the widespread contamination
of living marine resources over a wide area.
They can also enter the food chain as some
organisms like shell fish concentrate
radioactivity in their bodies which are later
consumed by humans.
The liquid waste is sealed into glass, and stored
in steel canisters containing concrete. These
containers are dumped in the sediment on the
ocean floor
According to UNEP, large quantities radioactive
waste has intentionally been dumped into the
oceans at over 80 locations worldwide. Marine
accidents, losses and deliberate dumping now
mean that some 50 warheads, 23 reactors and
HISTORY OF MODERN PIRACY [DURING THE SOMALI CIVIL WAR, THERE WAS NO COAST GUARD TO PROTECT AGAINST
FISHING TRAWLERS FROM
OTHER COUNTRIES ILLEGALLY
FISHING AND BIG COMPANIES
DUMPING WASTE
(INCLUDING NUCLEAR WASTE) WHICH KILLED FISH IN SOMALI WATERS.
LOCAL FISHERMEN STARTED TO BAND TOGETHER TO
PROTECT THEIR RESOURCES. DUE TO THE CLAN-BASED NATURE OF SOMALI SOCIETY, THE LACK OF A CENTRAL
GOVERNMENT AND
SOMALIA'S STRATEGIC LOCATION AT THE HORN OF AFRICA, CONDITIONS WERE RIPE FOR THE GROWTH OF
PIRACY IN THE EARLY
1990S.
CURRENT ECONOMIC SITUATION IN SOMALIA AND THE LUCRATIVE SUCCESS OF
MANY HIJACKING
OPERATIONS HAVE DRAWN
YOUNG MEN TOWARD GANGS
OF PIRATES. SOME PIRATES ARE FORMER FISHERMEN, WHOSE LIVELIHOODS WERE
HURT BY FOREIGN SHIPS
ILLEGALLY FISHING IN
SOMALI WATERS.]
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an unknown number of other devices rest on the sea bed.
The most significant authorized releases of radio nuclides to the sea are from
nuclear fuel-cycle installations, located at Sellafield (Great Britain) La Hague and
Marcoule (France), Trombay (India), and Toki-Mura (Japan).
Almost every country in the Caribbean Region has been targeted as a nuclear
waste dumpsite by waste brokers operating from developing countries. A
serious potential risk both for people and the environment of the region is the
transport of radioactive material by ships through the Panama Canal.
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8.4.4 Lecture 4: Waste disposal
Each year millions of tons of material are disposed of at sea. About 90% of that
quantity is dredged sediment from estuarine or marine sources or excavated
native till from land based sources. Most of the dredged material is moved each
year to keep shipping channels and harbors clear for navigation.
Here are a few examples of activities and their related substances involving
disposal at sea:
The sand at the bottom of a channel is dredged and disposed elsewhere at
sea to help control rising water levels and increase ship safety.
A fish plant in a remote location disposes of the fish wastes (flesh, skin,
bones, entrails, shells etc.) at sea as there is no other practical option.
A ship is cleaned and sunk at sea when no ship recycling facility is
available.
A rock slide occurs on a remote road along the coast, and the rocks are
disposed of at sea for efficiency in cleaning up the road since the rocks do
not represent a potential risk for the marine environment.
Ship waste discharged at open sea.
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Ship waste fits into the following categories:
Liquid wastes
Liquid wastes include drain, soil and waste pipes. Sewage, ballast water, bilge
water or any other liquid containing contaminating or toxic wastes should not
be discharged within an area from which water for a water supply is drawn, or
in any area restricted for the discharge of wastes by any national or local
authority.
Wastes requiring treatment
All ships should be equipped with facilities for managing wastes from toilets and
urinals, fecal material from hospital facilities and medical care areas, and wastes
from food-refuse grinders.
Excess sludge
Ship waste
Liquid waste
Wastes requiring treatment
Excess sludge
Food waste
Health care wastes
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Galley wastes may contain grease and excess sludge. The grease collected may
be disposed of by incineration, by storage for shore disposal, or by overboard
discharge on the high seas.
Food wastes
All ships should be equipped with facilities for safe storage of food refuse.
Health care wastes
All ships should be equipped with facilities for treating and/or safely storing
medical care wastes. Medical waste is any waste generated during patient
diagnosis, treatment or immunization, and includes infectious and non-
infectious waste.
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Clean seas campaign
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8.4.5 Lecture 5: MARPOL 73/78
The International Convention for the Prevention of Pollution from Ships
(MARPOL) is the main international convention covering prevention of pollution
of the marine environment by ships from operational or accidental causes. It is a
combination of two treaties adopted in 1973 and 1978 respectively. It has been
updated by amendments through the years.
The 1973 Convention covered
pollution by oil, chemicals, and
harmful substances in packaged
form, sewage and garbage. The
Protocol of 1978 was adopted at a
Conference on Tanker Safety and
Pollution Prevention in response to
a series of tanker accidents in 1976-
1977.
MARPOL is one of the most important international marine environmental
conventions. It was designed to minimize pollution of the seas, including
dumping, oil and exhaust pollution. Its stated object is to preserve the marine
environment through the complete elimination of pollution by oil and other
harmful substances and the minimization of accidental discharge of such
substances.
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The Convention includes regulations aimed at preventing and minimizing
pollution from ships, both accidental pollution and that from routine operations,
and currently contains six technical annexes. Special Areas with strict controls
on operational discharges are included in most Annexes:
Annex I - Regulations for the prevention of pollution by oil (entered into force
2 October 1983)
Covers prevention of pollution by oil from operational measures as well as from
accidental discharges. The 1992 amendments to Annex I made it mandatory for
new oil tankers to have double hulls and brought in a phase-in schedule for
existing tankers to fit double hulls, which was subsequently revised in 2001 and
2003.
Annex II - Regulations for the control of pollution by noxious liquid
substances in bulk (entered into force 2 October 1983)
MARPOL 73/78 - Annexes
Anex I: Oil
Annex II: Noxious liquid substances carried in bulk
Annex III: Harmful substances carried in packaged form
Annex IV: Sewage
Annex V: Garbage
Annex VI: Air pollution
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Details the discharge criteria and measures for the control of pollution by
noxious liquid substances carried in bulk. The discharge of their residues is
allowed only to reception facilities until certain concentrations and conditions
(which vary with the category of substances) are complied with. In any case, no
discharge of residues containing noxious substances is permitted within 12
miles of the nearest land.
Annex III - Prevention of pollution by harmful substances carried by sea in
packaged form (entered into force 1 July 1992)
Contains general requirements for the issuing of detailed standards on packing,
marking, labeling, documentation, stowage, quantity limitations, exceptions and
notifications for preventing pollution by harmful substances.
Annex IV - Prevention of pollution by sewage from ships (entered into force
27 September 2003)
Contains requirements to control pollution of the sea by sewage.
Annex V - Prevention of pollution by garbage from ships (entered into force
31 December 1988)
This deals with different types of garbage and specifies the distances from land
and the manner in which they may be disposed of. The requirements are much
stricter in a number of special areas, but perhaps the most important feature of
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the Annex is the complete ban imposed on the dumping into the sea of all forms
of plastic.
Annex VI - Prevention of air pollution from Ships (entered into force 19 May
2005)
The regulations in this annex set limits on sulfur oxide and nitrogen oxide
emissions from ship exhausts as well as particulate matter and prohibit
deliberate emissions of ozone depleting substances.
Emission control areas set more stringent standards.
All ships flagged under countries that are signatories
to MARPOL are subject to its requirements,
regardless of where they sail, and member nations
are responsible for vessels registered under their
respective nationalities.
In order for the IMO standards to be binding, they
must first be ratified by a total number of member countries whose combined
gross tonnage represents at least 50% of the worlds gross tonnage, a process
that can be lengthy. A system of tacit acceptance has therefore been put into
place, whereby if no objections are heard from a member state after a certain
period has elapsed, it is assumed they have assented to the treaty.
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All six Annexes have been ratified by the requisite number of nations. The
country where a ship is registered (flag state) is responsible for certifying the
ships compliance with MARPOLs pollution prevention standards. Each
signatory nation is responsible for enacting domestic laws to implement the
convention and effectively pledges to comply with the convention, annexes, and
related laws of other nations. In the United States, for example, the relevant
implementation legislation is the Act to Prevent Pollution from Ships.
One of the difficulties in implementing MARPOL arises
from the very international nature of maritime
shipping. The country that the ship visits can conduct
its own examination to verify a ships compliance with
international standards and can detain the ship if it
finds significant noncompliance. When incidents occur
outside such country's jurisdiction or jurisdiction
cannot be determined, the country refers cases to flag
states, in accordance with MARPOL.
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8.4.6 Auto evaluation
1. What is ocean pollution?
2. List the main sources of ocean pollution.
3. Why are oil spills dangerous to the marine environment?
4. Mention some of the largest oil spills.
5. What is ship breaking?
6. What is the difference between heavy metal pollution and radioactive
pollution?
7. What is the meaning of MARPOL 73/78?
8. List the annexes of MARPOL 73/78
8.5 VIDEOS
8.5.1 Video: The legacy of Exxon Valdez
HTTP://WWW.YOUTUBE.COM/WATCH?V=VHYT_Q0YJ5C&FEATURE=WATCH-NOW-
BUTTON&WIDE=1
Exxon Valdez leaked more than 40 million liters of crude oil into Alaska's
pristine waterways nineteen years ago. Today, oil is still polluting the shores and
bankrupted fishermen are still waiting for the $5 billion payout granted in 1994.
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8.5.2 Video: BPs Deepwater Horizon oil rig disaster
HTTP://WWW.YOUTUBE.COM/WATCH?V=DB9T0XYKHRA
HTTP://WWW.YOUTUBE.COM/WATCH?V=TXNFPKJ9AU8&FEATURE=RELATED
HTTP://WWW.YOUTUBE.COM/WATCH?V=UBQFO0X0NLO&FEATURE=RELATED
HTTP://WWW.YOUTUBE.COM/WATCH?V=PLKTYYLJ54S&FEATURE=RELATED
BP's Deepwater Horizon oil rig exploded, sunk, and caused the worst oil spill in
US history.
8.6 ASSIGNMENTS
8.6.1 Individual assignment
Investigate about the ship breaking industry. Look for the latest news regarding
countries where vessels are dismantled, breaking technology and pollution to
the local environment, population and food chain, among others.
8.6.2 Group assignment
Watch the video from Exxon Valdez spill and Deepwater Horizon accident.
Discuss the implications of the environmental damage. Pay special attention to
the cleaning efforts and the damaged caused to the fishing industry, tourist
industry and natural resources. In the case of the Deepwater Horizon, pay
special attention to crew members and the victims.
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9 MODULE 2.COLLISIONS AND SAVAGE
9.1 CONTENT
UNIT 6. COLREGs
UNIT 7. Reports in case of marine casualties
UNIT 8. Marine salvage
UNIT 9. Salvage contracts
9.2 OBJECTIVES OF THIS MODULE
At the end of this module, the student would be able to:
To discuss the responsibilities in case of maritime casualties.
To evaluate the different situation between vessels that might end
up as a casualty.
To prepare reports in case of maritime casualties.
To comprehend salvage contracts and services.
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9.3 GRAPHIC CONCEPT OF THE MODULE
Collisions and
salvage
COLREGs
Reports in case of marine
casualties
Marine salvage
Salvage contracts
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9.4 LECTURES
9.4.1 Lecture 6: COLREGs
The International Regulations for Preventing Collisions at Sea 1972 (COLREGs),
published by the IMO, set out the rules of the road to be followed by ships and
other vessels at sea. COLREGs can also refer to the specific political line that
divides inland waterways (subject to navigation rules) and coastal waterways. It
was designed to update and replace the Collision
Regulations of 1960 which were adopted at the same
time as the 1960 SOLAS Convention.
One of the most important aspects in the 1972
COLREGs was the recognition given to traffic
separation schemes. It gives guidance in determining
safe speed, risk of collision and the conduct of vessels
operating in or near traffic separation schemes.
The first such traffic separation scheme was established in the Dover Strait in
1967. It was operated on a voluntary basis at first but in 1971 the IMO adopted a
resolution stating that that observance of all traffic separation schemes is made
mandatory, and the COLREGs make this obligation clear.
The COLREGs include 38 rules divided into five sections: Part A, General; Part
B, Steering and Sailing; Part C, Lights and Shapes; Part D, Sound and Light
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signals; and Part E, Exemptions. There are also four annexes containing technical
requirements concerning lights and shapes and their positioning; sound
signaling appliances; additional signals for fishing vessels when operating in
close proximity, and international distress signals.
Part A - General
Rules apply to all vessels upon the high seas and all waters connected to
the high seas and navigable by seagoing vessels.
Responsibility of the master, owner and crew to comply with the rules.
Part B - Steering and sailing
Conduct of vessels in any condition of visibility and applies in any
condition of visibility.
Safe speed.
Risk of collision and actions to be taken to avoid collision.
Behavior of vessels in or near traffic separation schemes.
COLREGs
Part A: General
Part B: Steering and sailing
Part C: Light and shapes
Part D: Sound and light signals
Part E: Exemptions
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Conduct of vessels in sight of one another and in restricted visibility
Part C - Lights and shapes
Rules concerning lights.
Part D - Sound and light signals
Regulates whistles, blasts and distress signals.
Part E - Exemptions
Ships built or already under construction when the 1972 Collision
Regulations entered into force may be exempted from some requirements
for light and sound signals for specified periods.
The COLREGs include four annexes:
COLREGs - Annexes
Annex I: Positioning and technical details of lights and shapes.
Annex II: Additional signals for fishing vessels fishing in close proximity.
Annex III: Technical details of sounds signals appliances.
Annex IV: Distress signals, which lists the signals indicating distress and need of assistance.
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9.4.2 Lecture 7: Reports in case of marine casualties
The IMO defines marine casualty means, as an event that has resulted in any of
the following:
The death of, or serious injury to, a person that is caused by, or in
connection with, the operations of a ship.
The loss of a person from a ship that is caused by, or in connection with,
the operations of a ship.
The loss, presumed loss or abandonment of a ship.
Material damage to a ship.
The stranding or disabling of a ship, or the involvement of a ship in a
collision.
Material damage being caused by, or in connection with, the operation of
a ship.
Damage to the environment brought about by the damage of a ship or
ships being caused by, or in connection with, the operations of a ship or
ships.
All reportable marine casualties should be reported immediately to their
authorities. Marine casualties and accidents have to be investigated in order to
determine the causal factors, so that through regulation and education we might
prevent similar incidents from recurring. We also investigate these incidents to
collect evidence of misconduct, negligence, or violation of law or regulation.
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Under SOLAS, MARPOL and the Load Lines Conventions, each Administration
undertakes to conduct an investigation into any casualty occurring to ships
under its flag subject to those conventions and to supply the IMO with pertinent
information concerning the findings of such investigations.
Code for the Investigation of Marine Casualties and Incidents
With the adoption of the Code for the Investigation of Marine Casualties and
Incidents, adopted in 1999, the IMO provides guidelines for the investigation of
human factors.
This Code recognizes that under IMO conventions each flag State has a duty to
conduct an investigation into any casualty occurring to any of its ships when it
judges that such an investigation may assist in determining what changes in the
present regulations may be desirable or if such a casualty has produced a major
deleterious effect upon the environment. The Code also requires a marine safety
investigation to be conducted into every very serious marine
casualty, defined as a marine casualty involving the total loss
of the ship or a death or severe damage to the environment.
The aim of this Code is to promote a common approach to the
safety investigation of marine casualties and incidents, and
also to promote co-operation between States in identifying the contributing
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factors leading to marine casualties. The result of this common approach and co-
operation will be to aid remedial action and to enhance the safety of seafarers
and passengers and the protection of the marine environment.
Lessons learned for presentation to seafarers
CAPSIZING WHAT HAPPENED? THE FISHING VESSEL WAS ENGAGED IN TRAWLING ABOUT THREE CABLES FROM SHORE WITH SEAS BROAD ON THE BEAM WHEN IT WAS STRUCK BY A LARGE
BREAKING WAVE AND CAPSIZED. THE MASTER, WHO WAS ALONE IN THE WHEELHOUSE, HAD NOTICED THE APPROACHING WAVE WAS MUCH LARGER THAN THE OTHERS AND HAD BEGUN TURNING THE VESSEL TO PORT TO MEET IT. THE MASTER WAS THROWN INTO THE SEA AND MANAGED TO SWIM ASHORE. TWO OTHER CREW MEMBERS WHO WERE RESTING BELOW IN THE ACCOMMODATION DID
NOT SURVIVE. WHY DID IT HAPPEN? THE MASTER WAS ALONE ON THE BRIDGE ENGAGED IN BOTH NAVIGATING THE VESSEL AND FISHING. THE VESSEL WAS IN CLOSE PROXIMITY TO THE SHORE AND IN AN AREA OF SHALLOW WATERS KNOWN FOR ITS LARGE BREAKING WAVES. GUARD RINGS WERE SET UP ON THE RADAR TO MAINTAIN A COURSE ALONG THE LIMIT OF THE ZONE, BUT THE ALARMS WERE NOT ENABLED. WHAT CAN WE LEARN?
TO RECOGNIZE AND TAKE INTO ACCOUNT THE RISKS ASSOCIATED WITH THE OPERATING CONDITIONS OF THE AREA TO BE FISHED.
THE IMPORTANCE OF MAKING FULL USE OF NAVIGATIONAL EQUIPMENT ALARMS.
THE IMPORTANCE OF KEEPING WATERTIGHT DOORS CLOSED WHEN AT SEA.
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9.4.3 Lecture 8: Marine salvage
Marine salvage is the process of rescuing a ship, its cargo, or other property
from peril. Salvage encompasses rescue towing, refloating a sunken or
grounded vessel, or patching or repairing a ship. Today the protection of the
environment from cargoes such as oil or other contaminants is often
considered a high priority.
Salvors are seamen and engineers who carry out salvage to vessels that are
not owned by them, and who are not members of the vessel's original crew.
When salvaging large ships, they may use cranes, floating dry docks and
divers to lift and repair ships for short journeys to safety towed by a tugboat.
The aim of the salvage may be to repair the vessel at a harbor or dry dock, or
to clear a channel for navigation. Another reason for salvage may be to
prevent pollution or damage to the marine environment. Alternatively the
vessel or valuable parts of the vessel or its cargo may be recovered for its
resale value, or for scrap.
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Classification of salvage
Offshore salvage
The refloating of ships stranded or sunk in exposed waters is called offshore
salvage. In this type of salvage, vessels are exposed to waves, currents and
weather and are the most vulnerable and difficult to work on. They also tend
to deteriorate more rapidly than such vessels in protected harbors.
Offshore salvage
may provide only a
short window of
opportunity for the
salvage team due
to unusually high
tide or inclement
weather for
instance. The work
window may not
come around again for as long as weeks or months and in the interim, the
vessel will continue to deteriorate. As a result, it is often imperative to work
quickly. Typically, offshore salvage is conducted from pre-outfitted salvage
vessels and tugs. In addition, portable diving facilities may be transported by
helicopter or small boat to the work area. From a tactical point of view,
working in unprotected waters is less hospitable for floating cranes,
MSC NAPOLI
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construction tenders, dredges and equipment barges. Plus, it is often difficult
to depend upon a stable workforce (welders, carpenters, etc.) as all personnel
must be present on site for the duration.
Harbor salvage
The term harbor salvage refers to the salvage of vessels stranded or sunk in
sheltered waters. Such vessels are not normally subject to the same
deterioration caused by marine and weather conditions as offshore salvage
vessels are. In addition,
unless the vessel to be
salvaged is obstructing
navigation, then there is no
need to work as swiftly as
in offshore salvage. Also,
harbor pre-salvage survey
and planning stages tend
to be less time consuming
and environmentally
dependent. It is also easier to gain access to local labor resources and heavy
equipment such as floating cranes and barges.
ALVASTAR
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Cargo and equipment salvage
Saving the cargo and equipment aboard a vessel may be of higher priority
than saving the vessel itself. The cargo may pose an environmental hazard or
may include expensive materials such as machinery or precious metals. In
this form of salvage, the main focus is on the rapid removal of goods and may
include deliberate
dissection, disassembly or
destruction of the hull.
Wreck removal
Wreck removal focuses on
the removal of hazardous
or unsightly wrecks that
have little or no salvage
value. Because the objectives here are not to save the vessel, the wrecks are
usually refloated or removed by the cheapest and most practical method
possible. In many cases, hazardous materials must be removed prior to
disposing of the wreck. The most common techniques used in wreck removal
are cutting the hull into easily handled sections or refloating the vessel and
scuttling it in deeper waters.
BUNGAKELANA 3
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Afloat salvage
The salvage of a vessel that is damaged
but still afloat is called afloat salvage.
This type of salvage is mostly
unobtrusive and involves primarily
damage control work such as hull
welding, stabilization (rebalancing
ballast tanks and shifting cargo) and
structural bracing. The vessel can remain underway with little disruption to
its original purpose and crew.
Clearance salvage
Clearance salvage is the coordinated removal or salvage of numerous vessels
in a harbor or waterway. It typically
follows a catastrophic event such as a
tsunami, hurricane or an act of war
(i.e. Japan Tsunami 2011). There may
be multiple vessel obstructions with
varying degrees of damage due to
collision, fire or explosions.
COUGAR ACE
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SALVAGES
THE LARGEST MARINE SALVAGE OPERATION ON RECORD WAS THE HARBOR CLEARANCE AND SHIP RECOVERY AFTER THE ATTACK ON PEARL HARBOR.
NUESTRA SEORA DE ATOCHA WAS DISCOVERED IN 1985 AND WORTH AN
ESTIMATED $400 MILLION USD.
THE SEARCH FOR THE WRECKAGE AND FLIGHT DATA RECORDERS OF SOUTH AFRICAN AIRWAYS FLIGHT 295 IS AT 16,000 FEET (4,900 M) THE DEEPEST SUCCESSFUL MARINE SALVAGE OPERATION TO DATE.
ON 12 AUGUST 2000, THE RUSSIAN OSCAR CLASS SUBMARINE KURSK
SANK IN THE BARENTS SEA FOLLOWING AN INTERNAL EXPLOSION, LEADING TO THE DEATH OF 118 SAILORS AND OFFICERS. THE BADLY DAMAGED SUBMARINE WAS IN LATE 2001 TO RECOVER THE BODIES AND ELIMINATE THE HAZARD FROM THE KURSK'S TWO NUCLEAR REACTORS.
IN JULY 2006, THE JAPANESE CAR CARRIER THE COUGAR ACE, PACKED WITH 4,700 MAZDA CARS AND ISUZU TRUCKS BOUND FOR THE NORTH-AMERICAN MARKET WAS TRAVELING FROM JAPAN TO VANCOUVER, BRITISH COLUMBIA WHEN IT STRANDED IN THE PACIFIC OCEAN. THE SHIPS CONDITION QUICKLY BEGAN TO DETERIORATE AS IT TOOK ON WATER. THE SALVAGE TEAM INVOLVED HAD TO WORK SOLIDLY FOR 24 DAYS STRAIGHT TO TRY AND SAVE THE VESSEL AND ITS EXTREMELY
LUCRATIVE CARGO.
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9.4.4 Lecture 9: Salvage contracts
Salvage projects may vary with respect to urgency and cost considerations.
When the vessel to be returned to service is commercial, the salvage
operation is typically driven by its commercial value and impact on
navigational waterways. Military vessels on the other hand are often salvaged
at any cost; even to exceed their operational value because of national
prestige and anti-abandonment policies. Another consideration may be loss
of revenue and service or the cost of the space it occupies.
Contract Salvage
In contract salvage the owner of the property and salvor enter into a salvage
contract prior to the commencement of salvage operations and the amount
that the salvor is paid is determined by the contract. This can be a fixed
amount, based on a time and materials basis, or any other terms that both
parties agree to. The contract may also state that payment is only due if the
salvage operation is successful (a.k.a. no cure, no pay), or that payment is due
even if the operation is not successful.
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Pure salvage
In pure salvage (also called merit salvage), there is
no contract between the owner of the goods and the
salvor. The relationship is one which is implied by
law. The salvor of property under pure salvage must
bring his claim for salvage in federal court, which
will award salvage based upon the merit of the
service and the value of the salvaged property.
Pure salvage claims are divided into high-order and
low-order salvage. In high-order salvage, the salvor
exposes himself and his crew to the risk of injury
and loss or damage to his equipment in order to
salvage the property that is in peril.
Examples of high-order salvage are boarding a
sinking ship in heavy weather, boarding a ship
which is on fire, raising a ship, plane, or other
sunken property, or towing a ship which is in the
surf away from the shore. Low-order salvage occurs
where the salvor is exposed to little or no personal
risk. Examples of low-order salvage include towing
another vessel in calm seas, supplying a vessel with
SMIT SALVAGE IS A DIVISION OF SMIT WHICH IS INVOLVED IN EMERGENCY RESPONSE, WRECK REMOVAL OPERATIONS AND
ENVIRONMENTAL CARE SERVICES. THE COMPANY MAINTAINS SPECIALIZED EQUIPMENT AND
EXPERT PERSONNEL IN A
STATE OF ROUND-THE-CLOCK READINESS TO RESPOND TO
INCIDENTS ANYWHERE IN THE
WORLD. SMITH SALVAGE OFFERS THE FOLLOWING SERVICES: - SALVAGE OF SHIP CASUALTIES, FOLLOWING COLLISION, GROUNDING, FIRE, ETC. - SEARCH, RECOVERY OR SALVAGE OF AIRCRAFTS AND HELICOPTERS, OR PARTS THEREOF. - ENVIRONMENTAL PROTECTION. - MARINE FIRE FIGHTING- - WRECK REMOVAL. - SHIP-TO-SHIP/SHIP-TO-SHORE (OIL) CARGO TRANSFER OPERATIONS. - DIVING SERVICES. - UNDERWATER FUEL/BUNKER REMOVAL. - MACHINERY PRESERVATION SERVICES. - SALVAGE CONSULTANCY. - PULLING/ HOISTING.
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fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage
receive substantially greater salvage award than those performing low order
salvage.
In order for a claim to be awarded three requirements must be met:
The property must be in peril.
The services must be rendered voluntarily (no duty to act.
The salvage must be successful in whole or in part.
There are several factors that would be considered by a court in establishing
the amount of the salvors award.
Difficulty of the operation.
The risk involved to the salvor.
The value of the property saved.
The degree of danger to which the property was exposed.
The potential environmental impacts.
Usually, salvage awards amount to 10 percent to 25 percent of the value of
the property.
Private boat owners, to protect themselves from salvage laws in the event of a
rescue, would be wise to clarify with their rescuer if the operation is to be
considered salvage, or simply assistance towing. If this is not done, the boat
owner may be shocked to discover that the rescuer may be eligible for a
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substantial salvage award, and a lien may be placed on the vessel if it is not
paid.
Naval salvage
Several Navies have rescue salvage vessels which are to support their fleet
and to come to the aid of vessels in distress. Some naval operations of salvage
are initiated after a failed search for survivors operations.
International Convention on Salvage
The Convention replaced a convention on the law of salvage adopted in
Brussels in 1910 which incorporated the "'no cure, no pay" principle under
which a salvor is only rewarded for services if the operation is successful.
Although this basic philosophy worked well in most cases, it did not take
pollution into account. A salvor that prevented a major pollution incident (for
example, by towing a damaged tanker away from an environmentally
sensitive area) but did not manage to save the ship or the cargo got nothing.
There was therefore little incentive to a salvor to undertake an operation
which has only a slim chance of success.
The 1989 Convention seeks to remedy this deficiency by making provision for
an enhanced salvage award taking into account the skill and efforts of the
salvors in preventing or minimizing damage to the environment.
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If, on the other hand, the salvor is negligent and has
consequently failed to prevent or minimize
environmental damage, special compensation may be
denied or reduced.
Salvage law has as a basis that a salvor should be
rewarded for risking his life and property to rescue the
property of another from peril. Rescuing vessel is entitled to a claim for
salvage. Likewise a vessel found badly damaged, abandoned and adrift after
enemy fire disabled her does not become a prize of a rescuing friendly vessel,
but the rescuers may claim salvage.
A vessel is considered in peril if it is in danger or could become in danger.
Examples of a vessel in peril are when it is aground or in danger of going
aground. Prior to a salvage attempt the salvor receives permission from the
owner or the master to assist the vessel. If the vessel is abandoned no
permission is needed.
Legal disputes do arise from the claiming of salvage rights. To reduce the
amount of a claim after an accident, boat owners or skippers often remain on
board and in command of the vessel; they do everything possible to minimize
further loss and seek to minimize the degree of risk the vessel is in. If another
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vessel offers a tow and the master or owner negotiates an hourly rate before
accepting then salvage does not apply.
Some maritime rescue organizations, such as Britain's Royal National Lifeboat
Institution, insist the crews of their lifeboats renounce their right to claim
compensation for salvage.
In the United Kingdom under the Merchant Shipping Act 1995, jetsam,
flotsam, lagan and all other cargo and wreckage remain the property of their
original owners. Anyone, including recreational divers and beachcombers,
removing those goods must inform the Receiver of Wreck to avoid the
accusation of theft. As the leisure activity of wreck diving is common, there
are laws to protect historic wrecks of archaeological importance and the
Protection of Military Remains Act 1986 protects ships and aircraft that are
the last resting place of the remains of members of the armed forces.
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9.4.5 Auto evaluation
1. What is the purpose of COLREGs?
2. Mention some of the COLREGs rules.
3. What is a marine casualty?
4. What is the difference of the Code for the Investigation of Marine and
Incidents and the International Convention on salvage?
5. Mention the different types of salvage.
6. Mention the principal differences between wreck removal and afloat
salvage.
7. What is contract salvage?
8. What is pure salvage?
9.5 VIDEOS
9.5.1 Code Red: Adriyatic
HTTP://CHANNEL.NATIONALGEOGRAPHIC.COM/EPISODE/SALVAGE-CODE-RED-
3289/OVERVIEW#TAB-VIDEOS/06528_00
Code Red. Salvage operations at the Adriyatic.
9.5.2 Video: Pearl Harbor Salvage Operations
HTTP://WWW.YOUTUBE.COM/WATCH?V=KCXJGZ1IOA8&FEATURE=RELATED
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Salvage operations at Pearl Harbor on the USS Oklahoma and USS Utah single
photos of repaired Battleships from Pearl Harbor on duty in the Pacific.
9.5.3 Video: Marine Salvage Basics
HTTP://WWW.YOUTUBE.COM/WATCH?V=UPCHIHXG0SY
Basic Primer on Marine Salvage.
9.6 ASSIGNMENTS
9.6.1 Individual assignment
Watch the video of the Marine Salvage Basics and complement the information
you already have on pure salvage.
9.6.2 Group assignment
Watch the video of the Adriyatic salvage. Find information of the casualty report
and made a statement of what, why and what can we learn.
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10 MODULE 3.LABOUR DISPUTES AND DISCIPLINARY PROCEDURES
10.1 CONTENT
UNIT 8. Maritime Labor Convention.
UNIT 9. Crimes committed at sea: Maritime piracy.
UNIT 10. Maritime liens.
UNIT 11. General averages.
10.2 OBJECTIVES OF THIS MODULE
At the end of this module, the student would be able to:
To evaluate the laws related to seamen.
To comprehend the various offenses and crimes committed at
sea and their penalties.
To discuss about maritime liens.
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10.3 GRAPHIC CONCEPT OF THE MODULE
Labor disputes and disciplinary procedures
Maritime Labor
Convention
Maritime piracy
Maritime liens
General averages
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10.4 LECTURES
10.4.1 Lecture 1: International Labour Convention
The International Labor Conventions (ILO)s Maritime
Labor Convention (MLC), from 2006, provides
comprehensive rights and protection at work for the world's more than 1.2
million seafarers.
According to the MLC, seafarer means any person who is employed or engaged
or works in any capacity on board a ship to which the Convention applies. This
includes riding gangs and hotel staff on cruise ships.
The Convention aims to achieve both decent work for seafarers and secure
economic interests in fair competition for quality ship-owners. An estimated
90% of world trade is carried on ships and seafarers are in this sense essential
to international trade and the international economic and trade system. The
new labour standard consolidates and updates more than 68 international
labour standards related to the maritime sector adopted over the last 80 years.
Some of the Conventions included in the MLC are:
Minimum Age (Sea) Convention (Revised), 1936
Food and Catering (Ships' Crews) Convention, 1946
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Medical Examination (Seafarers) Convention, 1946
Accommodation of Crews (Supplementary Provisions) Convention, 1970
Prevention of Accidents (Seafarers) Convention, 1970
Merchant Shipping (Minimum Standards) Convention, 1976
Health Protection and Medical Care (Seafarers) Convention, 1987
Repatriation of Seafarers Convention (Revised), 1987
Seafarers' Hours of Work and the Manning of Ships Convention, 1996
The MLC, also known as the Seafarers Bill of Rights sets out seafarers' rights to
decent conditions of work on a wide range of subjects and aims to be globally
applicable, easily understandable, readily updatable and uniformly enforced.
It has been designed to become a global instrument known as the fourth pillar of
the international regulatory regime for quality shipping, complementing the key
Conventions of the IMO
The decision by the ILO to move forward to create this major new maritime
labour Convention was the result of a joint resolution in
2001 by the international seafarers and ship owners
organizations, also supported by governments. They
pointed out that the shipping industry is the worlds first
genuinely global industry which requires an international
regulatory response of an appropriate global standard
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applicable to the entire industry.
The MLC was adopted in February 2006. It will come
into force exactly 12 months after a minimum of 30
countries representing at least 33% of the world fleet
in gross tonnage have ratified the Convention.
As at January 2011, 12 countries had ratified the
Convention. Panama did it in 2009. These countries
represent 45% of the world fleet, which means that this element of the criteria
has already been met. This means that it only remains for another 18 countries
to ratify the Convention.
Rights of seafarers
Under the MLC, seafarers have the right to:
A safe and secure workplace.
Fair terms of employment.
Decent living and working conditions.
Social protection; access to medical care, health protection and welfare.
Freedom of association.
Have a union to negotiate a collective bargaining agreement (CBA).
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Coverage
The MLC covers all vessels OVER 500 gross tonnage operating in international
waters or between ports of different countries and applies to all seafarers, over
16 years old, with a valid medical certificate to work on a ship.
All ships are covered except:
Ships navigating exclusively in inland waters, close to the coast, in
sheltered waters or areas where port regulations apply
Fishing vessels.
Ships of traditional build, such as dhows or junks.
Warships and naval auxiliaries.
Ships below 200 GT, that are not carrying out international voyages, can
be excluded by the flag State from some of the requirements if the
seafarers rights concerned are already covered by national laws,
collective agreements or other measures.
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10.4.2 Lecture 2: Crimes committed at sea: Maritime piracy
Piracy and crime at sea have been perennial problems for seafarers throughout
history. But, in recent years, there has been a dramatic upsurge in the threat to
shipping and crews, particularly with attacks originating from the lawless
coastal regions of Somalia.
Piracy is a war-like act committed by non-state actors (private parties not
affiliated with any government) against
parties of a different nationality or against
vessels of their own nationality at sea, and
especially acts of robbery and/or criminal
violence at sea. People who engage in these
acts are called pirates.
The term can include acts committed on land, in the air, or in other major bodies
of water or on a shore. It does not normally include crimes committed against
persons traveling on the same vessel as the perpetrator (e.g. one passenger
stealing from others on the same vessel). The term has been used to refer to
raids across land borders by non-state agents.
Piracy should be distinguished from privateering, which was authorized by their
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national authorities and therefore a legitimate form of war-like activity by non-
state actors.
Maritime piracy, according to the United Nations Convention on the Law of the
Sea (UNCLOS) of 1982, consists of any criminal acts of violence, detention, rape,
or depredation committed for private ends by the crew or the passengers of a
private ship or aircraft that is directed on the high seas against another ship,
aircraft, or against persons or property on board a ship or aircraft. Piracy can
also be committed against a ship, aircraft, persons, or property in a place outside
the jurisdiction of any state; in fact piracy has been the first example of universal
jurisdiction.
Modern definitions of piracy include the following acts:
Boarding
Extortion
Hostage taking
Kidnapping of people for ransom
Murder
Robbery
Sabotage resulting in the ship subsequently sinking
Seizure of items or the ship
Shipwrecking done intentionally to a ship
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Modern piracy
Seaborne piracy against transport vessels remains a significant issue (with
estimated worldwide losses of US$13 to $16 billion per year), particularly in the
waters between the Red Sea and Indian Ocean, off the Somali coast, and also in
the Strait of Malacca and Singapore, which are used by over 50,000 commercial
ships a year. A recent surge in piracy off the Somali coast spurred a multi-
national effort led by the United States to patrol the waters near the Horn of
Africa. In the following picture, it is shown the states, terrorist havens, drug
routes, and areas prone to maritime piracy.
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Modern pirates favor small boats and taking advantage of the small number of
crew members on modern cargo vessels. They also use large vessels to supply
the smaller attack/boarding vessels. Modern pirates can be successful because a
large amount of international commerce occurs via shipping. Major shipping
routes take cargo ships through narrow bodies of water (such as the Gulf of
Aden and the Strait of Malacca) making them vulnerable to be overtaken and
boarded by small motorboats. Other active areas include the South China Sea
and the Niger Delta. As usage increases, many of
these ships have to lower cruising speeds to
allow for navigation and traffic control, making
them prime targets for piracy.
Modern pirates are sometimes linked with
organized-crime syndicates, but often are parts
of small individual groups.
The International Maritime Bureau (IMB) maintains statistics regarding pirate
attacks dating back to 1995. Their records indicate hostage-taking
overwhelmingly dominates the types of violence against seafarers. For example
in 2006, there were 239 attacks, 77 crew members were kidnapped and 188
taken hostage but only 15 of the pirate attacks resulted in murder. In 2007 the
attacks rose by 10% to 263 attacks. There was a 35% increase on reported
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attacks involving guns. Crew members that were injured numbered 64
compared to just 17 in 2006. That number does not include
hostages/kidnapping where they were not injured. At the end of 2010, around
500 seafarers from more than 18 countries were being held hostage by pirates.
In some cases, modern pirates are not interested in the cargo but instead in
taking the personal belongings of the crew and the contents of the ship's safe,
which might contain large amounts of cash needed for payroll and port fees. In
other cases, the pirates force the crew off
the ship and then sail it to a port to be
repainted and given a new identity
through false papers often purchased
from corrupt or complicit officials.
Environmental action groups such as Sea
Shepherd and Greenpeace have been accused of engaging in piracy and
terrorism, when they ram and throw butyric acid on the decks of ships engaged
in commercial fishing, shark poaching and finning, seal hunting, and whaling. In
two instances they boarded a Japanese whaling vessel. While non-lethal
weapons are used by these groups, their tactics and methods are considered acts
of piracy by some.
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Many nations forbid ships to enter
their territorial waters or ports if the
crew of the ships is armed in an
effort to restrict possible piracy.
Shipping companies sometimes hire
private armed security guards.
In modern times, ships and
airplanes are hijacked for political reasons as well. The perpetrators of these
acts could be described as pirates. An example is the hijacking of the Italian
civilian passenger ship Achille Lauro in 1985, which is generally regarded as an
act of piracy.
Modern pirates also use a great deal of technology. It has been reported that
crimes of piracy have involved the use of mobile phones, satellite phones, GPS,
Sonar systems, modern speedboats, assault rifles, shotguns, pistols, mounted
machine guns, and even RPGs and grenade launchers.
Pirate Economics
A 2011 report called The Economics of Piracy, investigated the causes and
consequences of international piracy, with a particular focus on piracy
emanating from Somalia. The report asserts that piracy is an emerging market in
its own right, valued at between US$4.98.3 billion in 2010 alone, and it
CREW OF THE FAINA
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establishes, for the first time, an economic model for assessing the costs and
benefits of international piracy. The report states that the number of pirates
could double by 2016, increasing by 400 each year. This is being fuelled by
attractive financial incentives with Somali pirates earning up to
US$79,000/year; equating to almost 150 times their countrys national average
wage.
Over the past five years, ransoms paid to Somali pirates have increased from an
average of $150,000 in 2005 to $5.4 million in 2010. The largest known ransom
payment was for the South Korean oil
tanker, the Samho Dream. This vessel
was ransomed for a record $9.5 million
in November 2010. By the end of 2010,
approximately $238 million was paid in
ransoms to Somali pirates in that year
alone.
Insurance Premiums
Shippers purchase four main types of insurance as indemnity against piracy:
War risk
Kidnap and ransom (K&R)
Cargo
Hull.
VLCC SAMHO DREAM
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The most significant increase in premiums has been in war risk and K&R. The
Gulf of Aden was classified as a war risk area by Lloyds Market Association
(LMA) Joint War Committee in May 2008, and is therefore subject to these
specific insurance premiums. The Cost of Piracy Model calculates the additional
cost of insurance to the shipping industry by using a lower bound estimate (10%
of ships purchasing these insurance premiums) and an upper bound estimate
(70% of ships). Its estimate that total excess costs of insurance due to Somali
piracy are between $460 million and $3.2 billion per year.
Legal authority
There are legal barriers to prosecuting individuals captured in international
waters. Some countries are struggling to apply existing maritime law,
international law, and their own laws, which limit them to having jurisdiction
over their own citizens. According to piracy experts, the goal is to deter and
disrupt pirate activity, and pirates are often detained, interrogated, disarmed,
and released. With millions of dollars at stake, pirates have little incentive to
stop.
Prosecutions are rare for several reasons. Modern laws against piracy are almost
non-existent. Warships that capture pirates have no jurisdiction to try them, and
NATO does not have a detention policy in place. Prosecutors have a hard time
assembling witnesses and finding translators, and countries are reluctant to
imprison pirates because they would be saddled with them upon their release.
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By contrast, the United States has a statute imposing a sentence of life in prison
for piracy committed anywhere on the high seas, regardless of the nationality of
the pirates or the victims.
While the non-wartime 20th century tradition has been for merchant vessels not
to be armed, the U.S. Government has recently changed the rules so that it is now
best practice for vessels to embark a team of armed private security guards.
Other measures vessels can take to protect themselves against piracy are
implementing a high freewall and vessel boarding protection systems (e.g., hot
water wall, electricity-charged water wall, automated fire monitor, slippery
foam).
Finally, in an emergency, warships can be called upon. In some areas such as
near Somalia, naval vessels from different nations are present that are able to
intercept vessels attacking merchant vessels.
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10.4.3 Lecture 3: Maritime liens
A maritime lien is a claim against a boat for non-payment of goods or services
supplied to a boat. The lien arises the moment the work is completed or the
goods are supplied. A lien becomes delinquent when the request for payment is
delayed or denied.
In admiralty law, a maritime lien is a privileged claim upon maritime property,
such as a ship, in respect of services rendered to, or the injuries caused by that
property. In common law, a lien is the right of the creditor to retain the
properties of his debtor until the debt is paid.
It is a proprietary lien which interest is about the res (property). It should be
understood that res may be the vessel (including its appurtenances and
equipment), the cargo, the freight or even the proceeds of sale. The rights
include jus in re (right on the property) and jus in rem (right against the
property). The doctrine of Maritime Lien is that a ship will be treated as a
wrongdoer, not the owner, that the loss, damage or harm is caused by the
maritime property, itself, and it has to make good for the loss. The attachment of
maritime lien will start when the cause of action arises and will not be
eliminated even by change of ownership in good faith purchase.
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Characteristics of maritime lien
Wages of the ships master and crew
Salvage operations
General average claims
Claims for the breach of a charter party
Preferred ship mortgages
Claims under maritime contracts for repairs, supplies, towage, pilotage
and a wide variety of other necessaries
Claims for maritime torts including personal injury and death, and
collision claims
Claims for the damage or loss of cargo
Claim by the carrier of cargo for unpaid freight and demurrage
Pollution claims
Although there is a list recognized by the admiralty jurisdiction, the definitions
and criteria are not the same under the maritime law of differing jurisdictions.
Discharge and distinction of lien
Although the maritime lien is attached to the maritime property whoever the
ship owner is, it is possible to discharge or eliminate the lien by several ways.
They include payment of the claims, waiver, laches, foreclosure, and sale or
destruction of the res.
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Another method is an execution sale in a rem. This also removes the attachment
of the lien. The new ship owner will get the vessel with clear title. This rule could
be applied in case of an international judicial sale, such as an action in rem.
Destruction of the res results in the extinction of the lien. In this case, the lien is
eliminated when the whole ship is destroyed. However, partial destruction of
the vessel will not extinguish the lien and the lien will be attached to the
remaining part of the vessel.
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10.4.4 Lecture 4: General averages
The law of general average is a legal principle of maritime law according to
which all parties in a sea venture proportionally share any losses resulting from
a voluntary sacrifice of part of the ship or cargo to save the whole in an
emergency. In the exigencies of hazards faced at sea, crew members often have
precious little time in which to determin