Law Of The Sea: Concepts and

Transportation

By : Devanshu Gupta
Intern (Litigation Team)
Clasis Law

Conventions On Law of the Sea :

Law of the Sea Conventions, 1958
Convention on the Territorial Sea and the Contiguous Zone
Convention on the High Seas
Convention on Conservation of the Living Resources of the High Seas & fishing

The HagueVisby Rules, 1968

Carrier has greater bargaining power than the shipper, and to protect the interests of the

shipper/cargo-owner, the law should impose some minimum obligations upon the carrier.
Rules made on Freight rate ,General average Marine insurance ,Marine salvage ,
Maritime lien, Ship mortgage, Ship registration , Ship transport , Shipping, International
Regulations for Preventing Collisions at Sea

United Nations Convention on the Law of the Sea, 1982

International agreement resulted from the third United Nations Conference on the Law of
the Sea , Signatories-157.
The convention set the limit of various areas, measured from a carefully defined baseline:
Internal waters , Territorial waters, Archipelagic waters, Contiguous zone, Exclusive
economic zones (EEZs), Continental shelf

Constructing Baselines
1. The Normal Rule
The normal baseline for
measuring the breadth of the
territorial sea is the low-water
line along the coast as shown by
the appropriate symmbols on
charts officialy recognized by
the coastal state (LOSC Art. 5)

2.Straight Baselines
Drawn not from the low water
line but from a series of artificial
lines

The question: How to regulate and control

activities outside territorial waters, on
the high seas...The Free Sea?
Possible solutions:
A comprehensive international regime with
organization
Extended coastal state jurisdiction, and coastal
state
obligations
Strict obligations for flag states to regulate and enforce

UNCLOS Marine Environment

Article 192: General obligation. States have the obligation to protect and preserve
the marine environment.
Article 193 Sovereign right of States to exploit their natural resources. In
accordance with their duty to protect and preserve the marine environment.
Article 194 Measures to prevent, reduce and control pollution of the marine
environment States shall take, individually or jointly as appropriate, all measures
consistent with this Convention that are necessary to prevent, reduce and control
pollution of the marine environment from any source.
Article 211 Pollution from vessels .States acting through the competent
international organization or general diplomatic conference shall establish
international rules and standards to prevent, reduce and control pollution of the
marine environment from vessels.

Source: Shipping density data adapted from National Center for

Ecological Analysis and Synthesis, A Global Map of Human Impacts to
Marine Ecosystems.

Sea Transportation

DEFINATIONS IN SEA TRANSPORTATION

1.

2.
3.

4.

Shipper- means any person by whose "Bill of lading

name a contract of carriage of goods
Means a document which
by sea has been concluded with a
evidences a contract of
carrier.
carriage by sea and the taking
Consignee- means the person
over or loading of the goods by
entitled to take delivery of the goods.
the carrier, and by which the
Carrier means any person by whose
carrier undertakes to deliver
name a contract of carriage of goods
the goods against surrender of
by sea has been concluded with a
the document. A provision in
shipper.
the document that the goods
are to be delivered to the order
Actual carrier- means any person to
of a named person, or to order,
whom the performance of the carriage
or to bearer, constitutes such an
of the goods has been entrusted by the
undertaking.
carrier.

Issue of bill of lading

Article 14. Issue of bill of lading
1. ISSUANCE- When the carrier or the actual carrier takes the goods in his
charge, the carrier must, on demand of the shipper, issue to the shipper a bill
of lading
2. DELEGATION- The bill of lading may be signed by a person having
authority from the carrier. A bill of lading signed by the master of the ship
carrying the goods is deemed to have been signed on behalf of the carrier.
3. SIGNATURE- The signature on the bill of lading may be in handwriting,
printed in facsimile, perforated, stamped, mechanical or electronic means, if
not inconsistent with the law of the country where the bill of lading is issued.

Cont.
CONTENTS OF BILL OF
LADING
The bill of lading must include,
inter alia, the following
particulars:
(a)The general nature of the goods , the
number of packages and the weight of
the goods. All such particulars as
furnished by the shipper;
(b)the name and principal place of business
of the carrier;
(c)the name of the shipper;
(d)the port of loading and the date on which
the goods were taken over by the carrier
at the port of loading;
(e)the port of discharge;

Process
_______fills in the form and sends it to the ship, then the officer of
___________________
checks the goods and signs the Bill. The shipping
company sends the Bill of Lading to the __________or his__________. These
negotiable Bills of Lading are used for payment. They are passed on to
the _________or the ________________in the importing country. Then the
Bills of Lading together with other shipping documents are presented to
the ________________when the ships arrives. The shipping company
compares the negotiable Bills of lading with their copy on the ship. Then
the __________can obtain the goods from the ship.

(The shipper fills in the form and sends it to the ship, then the officer of the shipping company
checks the goods and signs the Bill. The shipping company sends the Bill of Lading to the
exporter or his bank. These negotiable Bills of Lading are used for payment. They are passed
on to the buyer or the exporters agents in the importing country. Then the Bills of Lading
together with other shipping documents are presented to the shipping company when the
ships arrives. The shipping company compares the negotiable Bills of lading with their copy
on the ship. Then the buyer can obtain the goods from the ship.)

COMPARISON OF HAGUE-VISBY AND

HAMBURG RULES
Hague-Visby Rules
Applicability: Apply to contract of
carriage by sea evidenced by Bill of
Lading (Art.1)
Applied to all outward shipment from
U.K but to import only if State has
issues BOL.

Hamburg Rules
Titled UN Convention On Carriage
Of Goods by Sea 1978.
Intended to suspend Hague rules 1924
and Visby amendment 1968
Applies to all contract for carriage of
goods by sea between two states(Art.2)
Does not depend on BOL
Wider ambit was given.

Governing law in Bill of Lading

The International Convention for the Unification of Certain Rules of Law Relating to
Bills of Lading.
Originally adopted in 1924 and commonly known as the Hague Rules.
Extensively amended in 1968 and this version is known as the Hague-Visby Rules.
Most countries are parties to the 1924 Rules.
The domestic legislation implementing these conventions are typically called
Carriage of Goods by Sea Acts (COGSAs). India Has Carriage Of Goods By
Sea Act 1924

Many states have supplementary legislation that also governs bills of

lading in both municipal and international settings.

The Carriers Immunities Under a Bill of

Lading
Carriers who issue a proper bill of lading are exempt from liability for damages
that arise from various perils, such as:
1. Act, neglect, or default of the master, mariner, pilot, or the servants of the
carrier in the navigation or in the management of the ship;
2. Fire, unless caused by the actual fault of the carrier;
3. Perils, dangers and accidents of the sea or other navigable water;
These immunities are strictly construed.
A carrier will be responsible despite any listed exemption if it failed to
exercise due diligence in carrying out its fundamental duties.