Since the
earliest times, the sea has always been synonymous with insecurity for those
who venture on to it. He that would sail without danger must never come on
the main sea, as the proverb puts it. This endemic absence of safety probably
explains why early maritime trade was mainly the preserve of adventurers. The
sea was associated with the idea of chance or fate. a concept still to be found
in expressions such as "maritime perils". Seaborne transport developed
in such a laissez-faire way that the many accidents of which bold navigators
were victims were soon accepted as part of the natural course of things. As
a leading contemporary professor of maritime law puts it, The frailty of the
human factor, in the face of the inexhaustible and indefinable sea, confers
on the effort of navigation the character of a bold venture, which may succeed
and prove quite profitable, but which can also fail and cause irreparable losses.[1]
The history of navigation
since ancient times shows that the needs of safety came only gradually to
the fore, in the wake of accidents and disasters, bringing about huge changes
in the individual and collective behaviour of those engaged in maritime activities,
who clung to ancient practices and habits.
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It might be thought
that there were relatively few risks at sea in olden times, when craft of
modest size, and few in number, using sails or oars as their mode of propulsion,
never ventured far from the coast. In fact, the period was one of persistent
insecurity, making sea voyages extremely hazardous. In addition to bad sea
and weather conditions, piracy was rife throughout the Mediterranean. Ships
were hard to handle and could so easily be tossed about by winds and currents.
Shipwrecks, usually caused by storms, remained a frequent occurrence.
Until the end of the
Roman Empire, seafarers were ill equipped to confront bad weather. Passengers
and bulky cargoes were packed together on deck. Ships were loaded well beyond
safety limits. Navigators knew little about winds. Derisory efforts were
made to combat storms: the ship was bound round with ropes fore and aft, to
prevent it splitting apart, and an anchor was dragged behind to slow down
its progress[2].
Another method of dealing
with imminent danger was to cast objects overboard: the cargo, rigging and
even victuals were jettisoned to lighten the vessel. The decision was taken
by the pilot, the ship's owner, or the most prominent or experienced passengers.
The Romans: adopted their own interpretation of the practices of navigators
from the island of Rhodes. The Lex Rhodia de Jactu stated that, if part of
the cargo had to be jettisoned, the loss was to be borne by the owner of the
ship and the owners of the cargo[3]. This provision survives in modern
maritime law, with the system of "general average".
One of the most effective
preventive measures was a ban on sailing in winter, putting the seas out of
bounds during the worst weather.
The ban was not applied uniformly. In Rome, the period during which navigation
was permitted lasted only from 27 May to 14 September. Certain calendars
were even more restrictive, providing for a period of only fifty days starting
at the summer equinox. The practice of laying-up in winter was justified
mainly by meteorological conditions, particularly the dreadful storms. Cloudy
skies often made it impossible to observe the stars, customarily used to determine
the direction of the ship. The ban on sailing was accompanied in Roman law
by an administrative penalty: no ship could leave port unless it held a dimissorium,
a kind of sailing permit issued by the appropriate official[4].
Ultimately, the safety
of a voyage rested on the shoulders of a single man, the equivalent of the
captain in ancient times. He bore technical responsibility for and the choice
of the safest route and ports of call[5]. However, his decisions were overridden
by shipowners anxious to earn higher profits by sailing even in bad weather.
Some ships took even greater risks than warships, and this explains the frequency
with which shipwrecks occurred.
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Conditions of navigation
underwent very little significant change throughout the Middle Ages. Ships
stayed in port in winter. Until the end of the l8th century, the Levantines
sailed only from 5 May to 26 October[6].
In the Baltic, maritime traffic was banned between Martinmas and Saint Peter's
Day (22 February), on pain of confiscation of the cargo[7]. Ships never went out of sight of the coast. Open-sea navigation
was initiated in the Mediterranean from the 13th century, but not until the
15th century in the North. Hanseatic mariners found the position of their
ships by using a sounding lead to measure the depth of the seabed at any point
on their voyage[8].
Advances in ship safety
did occur in the Middle Ages, with the implementation of the first preventive
rules on loading. According to commentators, these originated in the Lex
Rhodia. From the mid-13th century, the maritime authorities in large Mediterranean
ports introduced very strict legislation on freeboard, in order to combat
the abuses of unscrupulous shipowners and captains who overloaded their ships,
at the risk of losing them, in order to earn more from the freight.
The very first regulations
appeared in Venice in 1255. They made it illegal to exceed the draught, marked
on each ship by a cross. Similar provisions were to be found in Cagliari
and Pisa at the same period, and also in Barcelona, in the decree issued by
Iago de Aragon in 1258, and in the maritime statutes of Marseilles in 1284.
The most elaborate regulations appeared in the 14th-century Genoese statutes.
In 1330, the maritime
authorities in Genoa had already laid down not only very precise rules for
calculating the maximum draught of certain ships, but also an inspection procedure
and a whole range of penalties for anyone contravening the rules. The Afficium
Gazarie appointed officials to measure ships in accordance with the rules
in force, and attend to the affixing of irons to the hull, the precursors
of loadlines. On every voyage, the captain or owner had to designate two
of the merchants on board to keep watch on these iron markers. A system of
guarantee payments and fines ensured that the law was applied strictly[9].
Despite these measures,
shipwrecks remained a common occurrence in the Mediterranean, particularly
during the winter season. A single storm, such as occurred in 1545 in the
Adriatic, could sink fifty vessels[10]. Northerners relied on repression: the Hanseatic
League introduced very severe criminal legislation to discourage the most
audacious adventurers. Measures applied mainly to the pilot, who was responsible
for directing the ship. The Sea Laws of Oleron mention very stringent penalties
for anyone failing in his duty. The captain, who exercised absolute authority
on board, was empowered to cut off the luckless pilot's head if by ignorance
he had endangered the cargo and the crew. In fact, these punishments were
so barbarous that they were practically never applied[11].
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As the modern age dawned,
the growth of seaborne trade, marked by an increase in the number of ships,
their greater speed and capacity, and the value of the property transported
in them, provided an incentive for the introduction of policing methods among
the major maritime nations.
Preventive rules became
more generalised. A Spanish ordinance of 1563 required shipbuilders and owners
to see to the perfect seaworthiness of their vessels, check the low water
level, and lash the cargo securely[12]. A Venetian law of 8 June 1569 prohibited shipowners from placing
goods at certain places on the ship. In France, an edict on the Admiralty
issued by the French king Henri III in March 1584 required maritime cities
to oversee the abilities of ships' captains. The Marine Ordinance of August
1681 devoted a whole section to seamen and ships[13].
The most innovative
measure consisted of stipulating ship surveys by the authorities in order
to prevent accidents caused by the poor condition of a ship or inadequate
equipment. Northern countries were the first to impose a system of surveys.
The Recesses of the Diet of the Hanseatic League of 1412, 1417 and 1447 contain
references to this requirement. The Low Countries Ordinance of 1549 instituted
a double survey, before and after loading of the cargo. The Genoese law of
1607 entrusted surveys to the "magnificent curators of the sea".
In France, organization
of the administrative supervision of shipping in ports dates back to Colbert's
Naval Ordinance, which introduced the office of huissier-visiteur, or surveyor.
A Royal declaration of 17 August 1779 completed these provisions by instituting
the requirements of dual survey of ships, on the outward voyage and on the
return trip. The most important text was adopted under the Revolution, with
the Act of 9 August 1791 concerning navigational policing. This laid a strict
obligation on captains of ships equipped for long voyages to solicit a survey
before equipment and then before loading of the vessel. Inspections were
carried out by surveyor-officers or surveyor-inspectors, consisting of certain
navigators, builders or carpenters, appointed by the Commercial Courts, or
by the local Mayor[14].
Despite these measures,
risk prevention remained a very rudimentary matter. The safety of maritime
trade was ensured mainly by introducing legislation to provide compensation
and protection for the financial interests of shipowners. An original legal
system was gradually established, based on the principle that the various
parties with an interest in maritime transport had to bear their share of
liability, and that only they were concerned with such problems[15]. Several legal provisions met
these requirements: joint ownership of ships, for instance, aimed at reducing
hazards by sharing risks. Other mechanisms, such as bottomry, allowed their
transfer[16]. A third technique met with
prompt success. It consisted of the involvement of a third party, the insurer,
who took the place of the person normally bearing the risk[17]. The events that led to accidents remained
largely unknown and highly diversified, so that legislation to define the
sharing of liabilities and repair of damage finally appeared as the most cogent
solution and the most appropriate answer to the problem of insecurity[18].
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The technological innovations
that accompanied the Industrial Revolution encouraged the development of maritime
transport during the 19th century. The most important developments were undoubtedly
the introduction of steam-powered engines on board ships and the construction
of iron and then steel hulls. These technical advances were accompanied,
however, by an increase in risks at sea, corresponding to the greater number,
size and speed of the vessels engaged in trade. Accident statistics reflect
the acuteness of the problem: during the winter of 1820 alone, more than two
thousand ships were wrecked in the North Sea, causing the deaths of twenty
thousand people[19].
The principal attempts
to achieve greater safety took place within a purely private framework: administrative
supervision of shipping was regarded as a hindrance to free trade. There
were fears of over-zealous states adopting excessively restrictive and invasive
regulations, out of place in an industry subject to such fierce international
competition. It was generally considered that the proper interest of the
shipowner, who had committed all his wealth to the acquisition of ships, ultimately
represented the best guarantee of safety for all concerned. This laissez-faire
attitude remained predominant through the first half of the 19th century,
which saw the birth of the earliest classification societies. These purely
private organizations made a fundamental contribution to the assessment of
the safety of merchant ships by providing maritime insurers with accurate
and regular information on the quality of shipping and ship equipment.
The middle of the century
marked a decisive turning point on the issue of safety at sea, with the proliferation
of preventive rules, increasingly introduced within an official framework.
Two essential factors explain this growing state interventionism:
- Maritime
transport was becoming a real industry, and so it was normal for the authorities
to exercise their general policing powers, to monitor the safety conditions
on board ships. This was in the interests of seamen, but also of the increasing
numbers of other people who went on board ships. Gradually, industrial legislation
affecting equipment, manpower and operating conditions were applied to the
merchant navy;
- The need
to harmonise national rules, habits and customs in the yea of navigation also
helped reinforce the role of States, the only entities entitled under international
law to sign agreements, treaties and other mandatory instruments.
State interventionism
resulted in an extraordinary increase in the number of public law provisions
relating to the safety of ships and navigation.
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Two countries that displayed
considerable transformations in preventive regulations and ship survey procedures
were France and Britain.
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Promulgation of the
1808 Commercial Code did not make any fundamental changes in the previous
system. It repeated provisions on surveys of departing ships laid down in
1779 and 1791 texts. These requirements concerning annual surveys were gradually
extended to other vessels: steamships under the terms of an order of 17 January
1846, fishing craft and vessels engaged on home-trade navigation, under the
Decree of 4 July 1853, ships carrying emigrants under the Act of 18 July 1860,
steam packets under the Decree of 11 September 1896, and lifesaving equipment,
under the Decree of 26 June 1903.
From 1870, legislation
on the carriage of dangerous goods was introduced. Loading and unloading of
such cargoes were regulated by a Decree of 2 September 1874.
Laws on merchant shipping,
adopted on 29 January 1881 and 30 January 1893. and the Decree of 1st February
1893 reinforced inspection procedures. This Decree stipulated annual surveys
of steamships by surveillance commissions instituted by the Préfets of territorial
Departments, in the various ports involved in such navigation. A navigation
license was issued to the shipowner by the Préfets, after examining survey
reports. Despite their complexity, surveys remained incomplete, and indeed
certain ships were never inspected. Surveys were now periodic, and no longer
coincided with a ship's voyages, so that they were less effective. They were
confined to the strength and equipment of the vessel, and were concerned neither
with the loading of the ship nor the abilities of the crew. There was also
criticism of the impartiality of the surveyor captains, who were often indulgent
towards substandard ships, particularly whenever they belonged to shipowners
who were members of the commercial court to which the surveyors owed their
appointment[20].
The whole system underwent
far-reaching changes under the Act of 17 April 1907, completed by two Decrees
on 20 and 21 September 1908. These measures introduced public health and
safety rules on navigation. They covered every aspect of ship safety, building
and preservation conditions, equipment and installations, conditions of loading
and operation. The Act also set up a body of navigation inspectors responsible
for carrying out ordinary and special departing surveys. Regarded as the
basis of modern French regulations, these standard-setting and administrative
provisions mark the final preeminence of state control of rules of on maritime
safety.
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Under the pressure of
public opinion, disturbed by the recurrence of accidents, at sea, British
legislators, like those in France, sought to strengthen the safety of maritime
transport. This interventionist attitude, however, came up against the resistance
of traditional maritime circles, with little inclination to accept state interference
in private business. Finally, interventionism was to win in gradual stages,
culminating in the adoption of very detailed preventive regulations affecting
the whole sector.
This trend began in
1836 with the appointment of a Parliamentary Select Committee to examine the
causes of the steady increase in shipwrecks. The investigation drew attention
to ten determining factors, including defective construction, inadequate equipment,
imperfect state of repair, improper and excessive loading, incompetence of
masters. drunkenness among officers and crew, and marine insurance which inclined
shipowners to disregard safety. A first aerie of measures was introduced
after the publication of the parliamentary report. In 1839, restrictions
were placed on the transport of timber deck cargoes in the North Atlantic.
In 1840 appeared the first rules on lights and traffic at sea. From 1846,
passenger ships had to be inspected by officially approved surveyors.
The most important advance
came with the Merchant Shipping Act of 1850. This legislation marked the
real start of State action under the auspices of the Board of Trade, which
had the task of monitoring, regulating and controlling all issues relating
to merchant shipping, and more specifically the safety of ships and the working
conditions of seamen, in order to correct the serious abuses that had been
found. A bill passed in 1854 strengthened the powers of this government body.
Also adopted was a whole series of technical provisions concerning safety
equipment on wooden ships. The law also required iron ships to be fitted
with a collision bulkhead and engine bulkheads. However, these measures had
little effect, and an average of two thousand ships were lost annually. In
1867 alone, there were 1,313 shipwrecks causing the death of 2,340 British
sailors and 137 passengers[21].
In 1873, a Royal Commission
was set up to investigate the claimed unseaworthiness of British vessels,
particularly the conditions of loading. A member of Parliament, Samuel
Plimsoll, made a number of observations, denouncing the scandal of "coffin
ships". A year after the publication of his manifesto, Parliament adopted
the Merchant Shipping Act of 1876, known as the "Plimsoll Act".
This laid down new requirements, with criminal penalties for shipowners found
guilty of operating ships that presented a risk for human life. The Board
of trade was for the first time authorised to detain substandard ships coming
to take on cargoes in British ports.
The Plimsoll Act, which
instituted draught of water marks, put an end to the dangerous practice of
leaving the captain complete discretion as to loading. The new regulations
banned bulk loading of grain, in order to prevent the cargo shifting, and
grain in sacks as deck cargo. Any infringement warranted the arrest of the
ship. The Act also required all merchant vessels of more than 80 tons to
display a maximum loadline. Despite its very stringent provisions, the Plimsoll
Act did not put an end to the scandal of shipwrecks. In 1882, more than three
thousand seamen and three hundred and sixty passengers perished in more than
1,120 shipping accidents to British vessels.
Another Royal Commission
was appointed in 1884, to try and end this dismal record. In its final report,
published in 1887, the Commission recommended several improvements to the
safety of steamships, which had gradually replaced sailing ships. In 1890,
the Merchant Shipping Load Line Act laid down official rules for freeboard
tables and calculations. These had been introduced five years earlier, on
an experimental and purely voluntary basis, by the Board of Trade, which relied
on the work of Lloyd's Register and Bureau Veritas to give them formal expression.
Up to the end of the
century, the British legislative armoury was strengthened by many provisions,
though without altering its fundamental mechanisms. The basic regulations,
laid down in the 1894 Merchant Shipping Act, as amended by the Act of 21 December
1906, increased the seaworthiness and safety of ships, and health arrangements
on board. Loadline requirements were applied to all vessels, including foreign
ships visiting British ports.
Interventionism finally
triumphed in all the major maritime nations, which followed the British model:
Denmark with the Acts of 13 February 1890, 14 May 1909 and 3 January 1911,
Sweden with the ordinance of 1st July 1898, Norway with the Acts of 13 February
1890, 14 May 1909 and 3 January 1911, 1st July 1898, Norway with the Acts
of 9 June 1903, 3 October 1908, 24 April 1906, 8 August 1908 and 14 July 1909.
On 7 June 1902, Germany promulgated an Act concerning seafarers. The Netherlands
adopted a shipping bill on 1st July 1909, United States regulations on safety
.at sea were set out in the Seamen's Act of March 1915. Spain drew up measures
similar to British legislation with its two Decrees of 18 January 1924 concerning
safety on board ship and lifesaving appliances.
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The 19th century also
saw the first regulations on navigation at sea. Around 1840, with the earliest
steamships, a number of nations became concerned about what steps could be
taken to avoid collisions and shipwrecks. At the time, each of them acted
separately. No ships carried navigation lights, except warships travelling
in squadron by night. Whenever two vessels approached each other, it was
customary to show one's presence by hoisting a flag or lighting a flare.
British ships applied the signalling rules proposed by W.D, Evans, regarded
as the father of present-day regulations.
The simplicity and effectiveness
of British rules were appreciated by seamen in all countries, to such an extent
that France, where maritime circles had long been calling for uniform legislation,
signed an agreement in 1848 with Great Britain about the lighting of steamships.
This was not exactly an international convention, but simply the acceptance
of identical general rules in both countries[22]. This first agreement met with resounding
success, however, for its provisions were immediately copied and adopted by
other leading maritime nations.
France and Britain subsequently
signed other agreements, gradually setting up a proper maritime traffic policing
force. An 1852 agreement covered signalling for sailing ships. In 1856,
a series of rules on maritime signals established a communications guide containing
78,000 combinations of only eighteen flags[23].
Another agreement in 1856 set standards for navigation in fog, and in 1862
the first joint rules for routes at sea were laid down. In 1884, the two
countries signed a treaty on lighting of fishing boats and special signals
to be assigned to telegraph cable-laying ships.
All these rules were
gradually introduced into French regulations on collision avoidance, with
the Decrees of 28 May 1856, 19 September 1879, 1st September 1884 and 21 February
1897.
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The quest for some uniformity
of national rules and customs regarding safety at sea has intensified throughout
the 20th century. But before going back over the main steps in
this internationalisation of maritime law, it is worth summarising the causes
of the trend.
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Several factors incited
the major maritime nations to set up joint safety rules.
· Problem of
the high seas
The intention was to
set the conditions for exercising the freedom of the high seas in the interests
of the whole international community, and also to avoid anarchy leading to
dangerous conditions for maritime navigation. The introduction of maritime
traffic policing raised no problem in those parts of the sea that were the
territorial waters of coastal countries, whose governments had full latitude
to introduce whatever standards they pleased. The problem mainly involved
the high seas, where the principle of freedom traditionally prevailed. It
was very soon realised that it was in everyone's interest to agree on a minimum
of rules to be respected, for both signals and traffic. These came to form
the "common law of the sea'", covering rules for navigation, rescue
and collisions[24].
· Foreign ships
in port
In the early years of
the century, every State laid down its own conditions for the control of ships
in its ports. Three examples illustrate this regulatory and administrative
diversity. In Britain, the 1906 Merchant Shipping Act officially applied
loading and minimum loadline requirements to foreign ships. In France, the
provisions of the 1907 Act on crews referred only to French ships, while those
concerning surveys applied to both French and foreign vessels. The United
States Seamen's Act of March 1915 applied to foreign ships sailing from American
ports. But in practice, steamships not carrying passengers were exempted.
This range of provisions
resulted in considerable uncertainty, for the navigational permits and seaworthiness
certificates had no international validity. Confusion reigned, to the extent
that ships visiting ports in several states were sometimes required to meet
contradictory safety conditions.
· Regulation
of competition
Maritime trade has always
been subject to fierce international competition. Repeated maritime disasters
gradually convinced national legislators that economic rivalries, particularly
as regard fleet operation, could endanger safety and bring this form of transport
irretrievably into disrepute. It was realised that only an agreement among
States, laying down minimum standards to be met by a particular ship performing
a particular service, could offer a satisfactory long-term solution.
One example is freeboard
legislation. Two identical vessels, but of different nationalities, frequently
come into competition on the same route. If one of them is more heavily loaded
than the other, the shipowner will earn a higher profit, but will expose his
ships to greater dangers, and a correspondingly lower level of safety. If
the same freeboard is displayed on the hulls of both ships, by means of a
loadline, overloading will no longer be an acceptable commercial tactic.
Internationally, the existence of a standard was more important than its content,
for ultimately the intention was not to penalise states adopting strict regulation.
It was also important to prevent less scrupulous countries from obtaining
a competitive edge by introducing deliberately indulgent legislation[25].
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Accidents and major
disasters encouraged States to cooperate in the search for safe, efficient
maritime transport. This move towards internationalisation of the law took
place in several stages. First came the uniformisation of local regulations,
through bilateral treaties, agreements or understandings among the leading
maritime nations. Next, these same nations were to hold international conferences,
in order to set up genuinely universal rules. Finally, intergovernmental
organisations were to take over and encourage the adoption of international
instruments to regulate safety at sea and protection of the marine environment.
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At the beginning of
this century, the dogma of absolute freedom of competition reigned supreme.
It was possible to build a ship more or less whatever way one liked, equip
it with whatever instruments one liked, operate it according to whatever standards
one liked, and sail it whatever way one liked on any seas. Only a few common
navigational rules had emerged, following the holding of the first international
conferences on the safety of maritime transport. On 28 July 1879, nineteen
States adopted joint rules in London for an international signal code. On
1st September 1880, an international convention set the first rules for preventing
collisions. On 28 July 1881 the first convention on health and safety for
steam packet navigation was signed.
In 1889, a congress
met in November in Washington DC, to draw up a proper code of the sea, covering
rules on steering and sailing, lights and signals, and distress signals.
This first major international maritime conference defined thirteen groups
of regulatory principles, which were subsequently adopted and implemented
by all the States, without giving rise to an official convention. The start
of the 20th century saw the emergence of the first rules on wireless telegraphy,
laid down by the Berlin Convention and rules of 3 November 1906. Two other
basic conventions were signed in September 1910, one concerning collisions,
the other lifesaving and assistance[26].
When the transatlantic
liner Titanic sank on 14 April 1912 off Newfoundland,
after colliding with an iceberg, the event was followed by a spectacular acceleration
in the standard-setting process. This appalling disaster had an enormous
impact on public opinion, and encouraged realisation of the need for collective
safety procedures. By July 1912, a wireless telegraphy conference, held in
London, made intercommunication systems and radio equipment on board ships
compulsory. It also allocated certain wavelengths to ships and coastal stations,
long-distance radiotelegrams and radiolighthouses. Its application was to
be suspended during the First World War, but it came into force again in 1919.
The most important result
of the loss of the Titanic was the first international conference on the safety
of life at sea, held in London in January 1914 at the invitation of the British
government. With great difficulty, this conference drafted an international
agreement: the issue required a consensus which could be obtained only after
interminable discussions on the various technical solutions proposed to reduce
accidents. The first Convention on Safety of Life at Sea (SOLAS) was
signed by only five states, but led to extensive application regulations in
Britain, France, the United States and Scandinavia[27].
The standard-setting
process spread internationally between the Wars. The 1920 conference on the
International Union of Electrical Communications revised the rules of the
1912 convention on wireless telegraphy, and the principles of the SOLAS Convention.
Two other conferences, one in Washington in 1927 and the other in Madrid in
1931, finalized international regulations on radiocommunications.
A second conference
on the safety of human life at sea took place in London in 1929, where a new
SOLAS Convention was adopted, containing some sixty articles on ship construction,
lifesaving equipment, fire prevention and fire fighting, wireless telegraphy
equipment, navigation aids and rules to prevent collisions.
On 23 October 1930,
three important texts, drafted in Lisbon under the auspices of the League
of Nations, completed regulations on signalling at sea. The first text concerned
maritime signals, the second was about manned lightships, and the third dealt
with the characteristics of lighthouses and radiobeacons. Another agreement,
reached in Geneva on 13 May 1936, harmonised the existing buoy age systems.
In the aftermath of
the Second World War, international conferences on safety at sea proceeded
to amend existing texts. On 10 June 1947, the Oslo Convention introduced
a new registered tonnage system.
In 1948, the British
government invited all the States that had signed the SOLAS Convention to
attend an international conference, in order to revise the provisions on safety
of life at sea. A new version was adopted in June by twenty-seven States,
and came into effect on 19 November 1952.
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One might be tempted
to believe that international law on safety at sea was established in the
first part of the 20th century through the efforts of international organisations.
Several of them did try to harmonise national rules.
The Comité Maritime
International (CMI), set up in Antwerp in 1897[28], contributed to the work of several diplomatic
conferences. This purely private body, which brought together maritime law
associations in Western countries, took part directly in the establishment
of several texts relating to safety: collision in the 1910 Brussels Convention,
and assistance and salvage at sea in 1910.
Set up just after the
First World War, the International Labour Organisation (ILO) fostered the
introduction of specific regulations for working conditions at sea. In 1920,
a convention was adopted on a minimum age for admission of employment as seamen
on ships. In 1930, ILO also launched the first campaigns against flags of
convenience.
Another organisation
set up by the League of Nations and that played an important role in harmonising
standards was the Temporary Transport and Communication Commission. It was
responsible for the 1923 Geneva Convention on maritime port regimes. In London,
a year later, two technical committees were set up within this agency, one
to investigate the problems raised by unification of registered tonnage provisions,
and the other to examine issues of maritime navigation, buoyage and lighting
of coasts. These efforts culminated in the adoption of several international
agreements at the Lisbon conference of 1930. The agency continued its work
until 1939[29].
But on the whole, initiatives
taken by international organisations were rather limited in the early part
of the century. The whole period was dominated by the worldwide maritime
supremacy of the United Kingdom. For a long time, the British fleet was the
largest in the world, exerting considerable influence over principles and
legal concepts[30]. London was the favoured venue for major diplomatic conferences.
The British government, sole depository of the SOLAS Conventions, thereby
had control over the revisions of 1929 and 1948. British practice in fact
inspired much of the work of international legislators, as regards both the
equipment of ships and the rules of navigation. Certain observers went so
far as to assert that the United Kingdom actually made up for institutional
shortcomings on the international scene.
The post-Second World
War period witnessed a gradual decline in British power and influence. 1948
marked a decisive turning point in the maritime history of nations when, on
6 March, a convention was signed in Geneva, setting up the International Maritime
Consultative Organisation (IMCO), which was to assume responsibility for safety
issues. From the Fifties, there was an increase in the numbers of international
bodies and various commissions which had the task of reducing accidents at
sea. Thereupon began the age of organizations, whose importance and influence
were to grow steadily until the present day.
Author:Philippe Boisson
Reference:
BOISSON, Philippe. Safety
At Sea. Policies, Regulations and International Law. Preface by William
A. O'Neil. Paris, Edition Bureau Veritas, 1999 ISBN 2-86413-020-3
BOISSON, Philippe.Politiques
et Droit de la Securite Maritime. Preface de William A. O'Neil. Paris, Edition
Bureau Veritas, 1998 ISBN 2-86413-020-3
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[1]A.R. WERNER: "Traité de droit maritime général".
Librairie Droz, Genève 1964, 379.
[2]J.M. ANDRE and M.F. BASLEZ: "Voyager dans l'Antiquité".
Fayard, Paris 1993, 441-442.
[3]J.M. PARDESSUS : "Collection des lois maritimes
antérieures au XVIIIéme siècle" 1er volume, Paris 1828-1845, 68-69.
[4] R. RODIERE ' "Traité général de Droit Maritime",
Dalloz 1976, Paris, Tome I 376.
[5]"A la recherche du droit maritime ancien dans
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