Captains Legal

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Published Date

February 2009

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Captains Legal

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A plain language guide to the relevant Laws and Regulations that a ship's Master is likely to encounter.

As you sail around the world you will come into contact with various rules and regulations, some of which you are familiar with and others not, especially those applicable only to the country that the ship is visiting. However, maritime law is designed to be internationally applied wherever a ship is and, in theory at least, is designed to deal with maritime incidents regardless of flag or administration.

There are a number of books dealing with all the aspects of maritime law and business and 'The Shipmaster's Business Companion' by Malcolm Maclachlan is an excellent book for those wishing to delve further into maritime law, particularly for British vessels. However, the aim of this book 'Captains Legal' is to explain, in plain language, the laws for incidents and problems that a Master might encounter on an average vessel, of any registration, while going about normal business on the seas and in the ports.

As this book will show, there is a time to wave the books of law around and there are times to sit down and negotiate. The art is knowing the time and place to do either of these. Tug Fees $1,250, Berthing Dues $3,000, Pilotage Fees $1,750, Garbage Fine $250. Catching the Last Tide Out…Priceless. There are Some Things Money can Buy, for Everything Else There's a Shipmaster's Means of Persuasion.

1 Who Owns the Seas?

1.1 The High Seas
1.2 Illegal Narcotics
1.3 Terrorism
1.5 Passage through Straits
1.6 Contiguous Zone
1.7 Exclusive Economic Zone
1.8 Continental Shelf
1.9 Internal Waters

2 Criminal Jurisdiction
2.1 Civil Jurisdiction in Relation to Foreign Ships

3 The Flag State
3.1 Duties of the Flag State
3.2 Flag State Penal Jurisdiction

4 Pollution
4.1 The Rights of the State
4.2 Sewage
4.3 Prevention of Pollution by Garbage from Ships
4.4 Garbage Management Plans
4.5 The Investigation of Ships
4.6 The Ship's Rights

5 Stowaways
5.1 Stowaway Onboard
5.2 The State of Embarkation
5.3 The Flag State
5.4 Inadequate Documentation

6 Port of Refuge
6.1 Towing and Salvage
6.2 Act of Voluntary Salvage
6.3 Towage
6.4 Tow or Salvage
6.5 Pollution Compensation

7 Charterers and Charter Party
7.1 The Voyage Charter
7.2 The Time Charter
7.3 Bareboat Charters
7.4 Charter Party Disputes
7.5 Affreightment
7.6 Bill of Lading
7.7 Mate's Receipt
7.8 Deadfreight
7.9 Safe Port
7.10 Laytime
7.11 Demurrage
7.12 Notice of Readiness (NOR)
7.13 On-Hire, Off-Hire
7.14 Cargo Stowage
7.15 Stevedore Damage
7.16 Protest

8 Insurance
8.1 P&I Clubs
8.2 General Average

9 Ballast Water Management

10 Operating in Ice

11 Ocean Routeing

12 Refugees

12.1 The Ship is not a Place of Safety

13 Mutiny
13.1 A Recent Act of Mutiny?

14 The Fair Treatment of Seafarers (After a Maritime Accident)
14.1 Flag State
14.2 The Seafarer's State
14.3 The Shipowner
14.4 The Seafarer

15 Shore Leave and Seafarers Rights
15.1 Seafarers Rights Onboard
15.2 Legal Assistance for Seafarers

16 Manning and Fatigue

17 Port State Control
17.1 Areas Where the Port State Control Operates
17.2 The Inspectors
17.3 Targeting Ships
17.4 The White List
17.5 The Grey List
17.6 The Black List
17.7 Inspections
17.8 Types of Inspections
17.9 Detention
17.10 Safeguards

18 The Law in Inland Waters
18.1 The Arrest of Ships
18.2 The Powers of Arrest
18.3 Release from Arrest
18.4 The ISPS Code

19 Conclusion

Michael started his career on the training ship HMS Conway and went to sea as a Cadet with P&O.

He was promoted to master on a deep sea tow vessel at the age of 32. He then commanded a wide variety of ships including general cargo, passenger, reefer, heavy lift, container, bulk carriers, anchor handlers, supply vessels, response and rescue vessels in the north sea, oil field support vessels in Nigeria, middle trade multi-purpose vessels in the Black Sea and Baltic.

Michael served 35 years in the Royal Naval Reserve and for 10 years he represented shipmasters on the Council of Numast. He is a Fellow of the Nautical Institute and a Younger Brother of Trinity House.


Title: Captains Legal
Number of Volumes: 1
Number of Pages: 132
Product Code: 4398
ISBN: ISBN 13: 978-1-905331-40-6 (9781905331406), ISBN 10: 1-905331-40-1 (1905331401)
Published Date: February 2009
Binding Format: Paperback
Book Height: 230 mm
Book Width: 150 mm
Book Spine: 10 mm
Weight: 0.30 kg
Author: Michael Lloyd

Customer Reviews

Captains Legal Review by Anonymous
This is an excellent précis on Maritime Law to assist the Master.'

(Posted on 01/02/2009)
Captains Legal Review by Captain Michael Reeves, Hon Secretary of Bristol Out Ports Branch of the Honourable Company of Master Mariners
An excellent book that is easily carried around. It will be a very useful guide to those in Command and aspiring to higher positions. Michael has covered international shipping, there are Shipmaster Business publications that cover British law and practices which have been in print for many years, but this book effectively encompasses the complexity of International law into a condensed volume at a reasonable price. A most worthy addition to every Master’s bookshelf and suitcase together with his companion volume In Command' (Posted on 01/02/2009)
Captains Legal Review by Martin Scott
Any Master should feel comfortable with, and better armed to deal with, most of the Maritime minefield he may encounter after reading it'
(Posted on 01/02/2009)
Captains Legal Review by Captain Nicholas Cooper FNI, President Nautical Institute 2006-2008
I have read through Captains Legal and would unhesitatingly recommend it. It is the sort of book that should be left lying around the bridge for everyone to have a look at.' (Posted on 01/02/2009)

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