Maritime Law, Conventions and Ship's Business
Law, conventions and ship's business
This domain tests statutory certificates, SOLAS/MARPOL/STCW/MLC obligations, ISM/ISPS, bills of lading, charterparties and average.
- Statutory certificates have defined validity and survey windows; the OOW should know which certificate covers which item.
- ISM governs safety management ashore and aboard; it does not replace technical rules.
- ISPS covers port facility and ship security plans, access control and security levels.
- General average is a voluntary sacrifice for the common safety; particular average is accidental damage to one interest.
- Bills of lading, charterparties and cargo claims turn on the words used and the evidence of condition.
Worked example
Cargo is jettisoned to refloat a grounded ship. Simplified contributory values are ship 5m, cargo 3m and freight 2m, total 10m; the sacrifice is 500,000. The contribution rate is 500,000 / 10,000,000 = 5%. Ship pays 250,000, cargo 150,000 and freight 100,000. The reasoning is that the sacrifice is shared in proportion to values at risk, not charged solely to the shipowner.
Traps
Confusing general average with particular average. Assuming ISM prescribes detailed technical standards. Quoting a certificate as valid outside its survey window. Treating a bill of lading as conclusive proof of quantity.