ABSTRACT
This Article seeks to examine the socio-legal impacts of maritime accidents and the legal ramifications that ensue such accidents. The topic of maritime trade and the accidents that happen in the course of such trade have always been an important matter of consideration throughout the course of history, dating back to the days from when man began the commercial trading their resources with the nations of the world. It is very likely to remain a pressing global issue since maritime trading is expanding and progressing at a remarkable pace, reflecting the growing demands of the global economy. Hence, a good understanding of the legislations and international covenants overseeing maritime mishaps is imperative.
INTRODUCTION
On 25th May, the coastal state of Kerala witnessed a must distressing incident. A cargo vessel sank 14.5 nautical miles off the coast of Kochi, while sailing to Kochi from Vizhinjam International seaport. Along with the capsizing ship, over 640 containers also went down. However, what truly warrants careful consideration is that the contents of these containers pose a great threat to the aquatic resources of the State. The presence of chemical like calcium carbide in at least 12 of these containers is alarming, since they can react with the water and thereby release highly combustible substances like acetylene gas. This only one instance of the alarming spate of maritime mishaps witnessed by Kerala. With the inauguration of the Vizhinjam Port, which is poised to revolutionize global maritime trade of the country, such instance are only more likely to occur, and this calls for an enhanced understanding of the regulations surrounding maritime security and the kinds of remedies available on the face of a maritime accident.
KEYWORDS
Maritime accidents, International Maritime Organization, Cargo Vessel wreckage in Kerala coast, MARPOL, merchant shipping Act of 1958, Carriage of Goods by Sea Act, 1925, responsible maritime trading.
MAIN BODY
The sinking of the German Wilhelm Gustloff during World War II, is said to be one of the most devastating maritime disasters in history of the world, with an estimated loss of about 9,400 lives. Such causalities are frequent in the annals of maritime history. The Sanchi oil spill is another remarkable crisis that is recorded as world’s worst oil tanker disaster in the decade, rightfully so, for a reason. The oil spillage from the accident created 4 separate slicks of oil, covering almost 100 square km, which is about the size of Paris. Such accidents have equally adverse effects on human life and the marine environment. The effects of accidents vary from minor injuries to fatalities and from insignificant damage to very severe damage to the environment and property. Shipping accidents affect marine environment in multiple ways. In addition to accidents and collision, human errors such as oil spillage, solid waste, oil transferring or bunkering, also significantly contribute to marine pollution. Over one million metric tons of petroleum enters our waters annually from municipal and industrial sources already. Although incidents of oil spillage have seemingly decreased in the last few years, numerous factors continue to pose threat to marine and coastal ecosystems.
These accidents also entail serious legal ramifications, ensuring that the party’s responsible are held accountable, and that justice is served to all parties involved. Maritime trade is most critical in sustaining the global economy. Almost 80% of the international trade happens via sea, hence it is an essential factor in the growth of the world economy and in developing nations. An extensive legal framework consisting of Domestic laws, international statutes, convention, treaties etc. regulates all activities that take place on the sea. In India liability for maritime shipping is a central subject. The various aspects of maritime trade are primarily covered by a number of legislations in India. The law relating to liability for maritime accidents was codified in India by the merchant shipping Act of 1958, which is the principal Act dealing most of the maritime disputes. However, it needs urgent revisions in order to bring them in conformity with international conventions of the UN specialized agency, International Maritime Organization.
The disputes regarding cargo are covered under the Carriage of Goods by Sea Act, 1925. The Hague Rules of 1924, which form the cornerstone of international maritime law, has been incorporated to this statue as well. Though the Hague rules are not specifically ratified by India, the provisions have been rightfully integrated. Another notable legislation is the Marine Insurance Act, 1963. Marine insurance is essentially a contract which protects the assured against losses on inland water and any land risk that be incidental to any sea voyage. However, loss or damages which may have occurred in the ordinary course of nature or due to own defauld are not included in the category of maritime perils. The International convention for the Prevention of Pollution from Ships, also known as MARPOL, is yet another important safeguard that seeks to prevent the deterioration of natural resources from maritime trade and shipping. The covenant sets standards for stowing handling and shipping, and lays down rules regarding the disposal of ship-generated hazardous waste such as cleaning agents, fuel leaks etc. The MARPOL convention was adopted by the International Maritime Organization on November 2nd, 1973, prompted by the alarming increase in maritime accidents involving tankers in 1976 and 1977. All vessels belonging to signatories of this convention, including India, are required to adhere to certain standards, irrespective of where they sail.
Lastly, as we have been discussing, maritime accidents can have detrimental impacts on the aquatic resources of nations as well as the economy of coastal states. The Torrey Canyon disaster of 1967, which led to an intensification of IMO’s technical work in preventing pollution, was an important catalyst which stressed the need for a framework to address the liabilities to be imposed and the compensatory part of such mishaps. Part X of the Merchant Shipping Act of 1958, focuses on the liability arising out of collisions and accidents occurring at the sea. Part XC of the Act is concerned with the civil liabilities arising out of maritime accidents. Section 304A of the Indian Penal Code punishes the criminal negligence or unlawful conduct of individuals involved in such mishaps, for causing death or danger to life or safety. The International Convention on Civil Liability for Oil Pollution Damage imposes strictly liability on the owner of the ship for damages up to a certain monetary limit. The Bunker Oil Convention of 2001 also imposes strict liability for causing oil spills from bunkers. Other regulations include the Safety of Life at Sea (SOLAS) regulations, International Convention on Standards of Training, Certification and Watchkeeping for seafarers etc.
CONCLUSION
In conclusion, the legal framework regulating international maritime trade, is very vast with a variety of domestic legislations, international covenants, treaties etc. Aligning with the standards prescribed by these statutes is crucial for the ongoing advancements and progress in the field. By ensuing responsible sea faring, these regulations ensure a strong mechanism that oversees the global maritime trading, and proper compensation of persons aggrieved by the detrimental consequences of unfortunate accidents that may occur during the same.
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WRITTEN BY AYANA THERESA XAVIER
