The most distinguishing and important characteristic of sea transport is a great value possible to carry on-board each ship. Maritime commercial trade I believe is one of the most international industry in itself. A ship registered in one country; owner could be from another country; master and crew could be from third country, carrying cargo of the owners from fourth country, transiting different waters and carrying out commercial activity in other country's judicial boundaries. This makes it unarguably an industry that deals with legislation from so many different jurisdictions. And hence the uniformity in all these various legislation seeks a right balance. Which I feel that, unfortunately, the right balance between this various maritime legislation is still yet to be achieved.
Table of Contents
1 SUMMARY
2 INTRODUCTION
2.1 General
CHAPTER 1
COLREGS
2.2 Duty to maintain proper look-out – Rule 5
2.2.1 Introduction
2.2.2 Extra attention in certain areas or under certain conditions
2.2.3 Look-out by the use of instruments
2.2.4 Look-out while anchored
CHAPTER 2
2.3 Safe Speed - rule 6
2.3.1 Safe speed in areas of restricted manoeuvrable waters
2.3.2 Safe speed in relation to bow- stern wakes
2.3.3 Reduced visibility
2.3.4 Small craft and safe speed in darkness.
CHAPTER 3
2.4 Risk of Collision -rule 7
2.5 Action to Avoid Collision - rule 8
2.6 Narrow Channels - rule 9
CHAPTER 4
2.7 Section II – Conduct of Vessels in Sight of One Another
2.7.1 The manoeuvre rules 13-15
2.7.2 Action by Stand-on Vessel - rule 17
2.7.3 Responsibilities between vessels - Rule 18
CHAPTER 5
2.8 Section III - Conduct of vessels in Restricted Visibility- Rule 19
CHAPTER 6
3 Apportionment of liability
3.1 Collision with other objects than ships.
CHAPTER 7
3.2 Distribution Of Liabilities.
3.2.1 Only one ship at fault
3.2.2 Technical failure as the main triggering event.
CHAPTER 8
3.3 Both To Blame.
3.3.1 50/50
3.3.2 60/40
3.3.3 75/25
CHAPTER 9
4 BURDEN OF PROOF
5. GENERAL AVERAGE
CHAPTER 10
6.ECONOMICAL CONSEQUENCES
6.1 LAW AND ECONOMICS
6.2 CARGO INSURANCE
6.3 P&I INSURANCE
6.4 STRICT LIABILITY OF BILL OF LADING
6.5 FREIGHT
6.6 RECOURSE AGAINST THE CARRIER'S SERVANT
7. CONCLUSION
Objectives and Research Themes
The primary aim of this dissertation is to examine the complexities of maritime collision liability and the apportionment of damages between vessels. It investigates whether existing international regulations function as comprehensive legal answers or merely as instrumental guidance, specifically analyzing how the "nautical fault" defense impacts carrier liability and the broader maritime industry.
- Analysis of the International Regulations for Preventing Collisions at Sea (COLREGS).
- Evaluation of collision case law regarding the apportionment of liability.
- Examination of the "nautical fault" defense and its potential abolition in international maritime law.
- Assessment of the economic consequences of shifting risk from cargo interests to carriers.
Excerpt from the Book
2.2.3 Look-out by the use of instruments
The term in Colreg 5: “By all available means appropriate,” have always been interpreted by the courts as including the effective use of available instruments and equipment, in addition to the use of both sight and hearing. This applies particularly to radar, but also the use of binoculars and information received by VHF from a VTS or other ships would be included in the term “all available means appropriate. Most likely also information by Automatic Information System (AIS) is included, even though I have not yet found any collision cases discussing the use of AIS. Some authors of nautical articles states that this instrument will be very important for future look-out duties and also a future revision of the Collision Regulations, since it transmits automatically information about the meeting vessels speed, heading, type, characteristics, etc; thus making the extraordinary rules in Colreg 19 superfluous. The nautical authors might prove to be right one day, but it is a long way to go since the system is still subject to several sources of errors that have an impact on the accuracy of the system. Also, very few smaller vessels have the system installed and the smaller vessels neither have radar, ECDIS or any accurate Electronic Chart Display ECD, which is a precondition to make use of the information in an effective way. However, failure to make use of information by the AIS that e.g. a fully laden tanker is on a heading that involves risk of collision, will most likely be looked upon as a failure to maintain proper look-out, similarly as the failure to make use of information from a VTS. According to the theory a proper look-out also includes paying attention to what is happening aboard own vessel; e.g. keeping a check on the steering and seeing that equipment required for keeping the vessel on course is functioning correctly.
Summary of Chapters
CHAPTER 1: Provides an overview of the COLREGS, focusing on the mandatory navigational guidance for safe navigation and proper look-out procedures.
CHAPTER 2: Analyzes Rule 6 (Safe Speed) across different contexts, including restricted visibility, narrow waters, and darkness, highlighting how courts evaluate speed in collision cases.
CHAPTER 3: Explores Rules 7, 8, and 9, detailing the requirements for gathering collision risk information, executing avoidance maneuvers, and navigating narrow channels.
CHAPTER 4: Discusses Section II of the COLREGS, covering maneuvering duties for vessels in sight of one another, including overtaking, meeting, and crossing situations.
CHAPTER 5: Examines Section III and Rule 19, which govern conduct in restricted visibility, emphasizing the need for caution over absolute maneuvering rules.
CHAPTER 6: Investigates the apportionment of liability, discussing the implications of deleting the nautical fault defense and its effect on risk allocation in the shipping industry.
CHAPTER 7: Evaluates the distribution of liabilities in civil cases, categorizing scenarios such as single-ship fault and technical failure as primary causes.
CHAPTER 8: Analyzes "Both to Blame" collision scenarios and the common percentage-based apportionments (50/50, 60/40, 75/25) applied by courts.
CHAPTER 9: Addresses the legal burden of proof and the role of General Average in maritime adventures, exploring how they relate to the potential deletion of the nautical fault defense.
CHAPTER 10: Investigates the economic consequences of legal changes, specifically the impact on freight rates, P&I insurance, and the market theory regarding risk management.
Keywords
Maritime Law, Collision Liability, COLREGS, Nautical Fault, Apportionment of Liability, Safe Speed, Look-out, Carrier Liability, Marine Insurance, P&I Clubs, General Average, Navigation, Risk Allocation, Hague-Visby Rules, Hamburg Rules.
Frequently Asked Questions
What is the core subject of this dissertation?
The dissertation explores the legal frameworks surrounding collision liability between vessels, the apportionment of damages, and how maritime regulations serve as instruments for managing risk rather than providing definitive solutions to every nautical riddle.
What are the central thematic fields covered?
The work covers collision prevention regulations (COLREGS), the "nautical fault" defense in international conventions, the economic impact of shifting liability, and the practical application of fault distribution in case law.
What is the primary objective of this research?
The primary objective is to gain a better understanding of how collision liability is apportioned in civil cases and to analyze the implications of potential legislative changes, such as the abolition of the nautical fault defense.
Which scientific methods are utilized in this work?
The author employs a legal research method, analyzing international maritime conventions (Hague-Visby, Hamburg, Rotterdam Rules) and reviewing civil collision case law to identify patterns in how courts apportion liability.
What is treated in the main body of the work?
The main body focuses on a thorough survey of COLREGS rules 5 (Look-out) and 6 (Safe Speed), followed by an examination of liability distribution, burden of proof, General Average, and the economic consequences on the shipping industry.
Which keywords best characterize the thesis?
The thesis is best characterized by terms such as Maritime Law, Collision Liability, COLREGS, Nautical Fault, Apportionment of Liability, and P&I Insurance.
How does the "nautical fault" defense affect carrier liability?
The nautical fault defense allows carriers to be exempted from liability for loss or damage to cargo resulting from navigational errors or management of the ship. Its deletion would significantly widen the scope of the carrier’s liability.
What is the significance of the "Tasman Pioneer" case mentioned in the text?
It serves as a classic example of how courts interpret the nautical fault defense, specifically addressing whether a master's post-casualty misconduct falls within the scope of the defense under the Hague-Visby Rules.
How do P&I Clubs influence the shipping industry?
P&I Clubs provide liability insurance to carriers. If the nautical fault defense is deleted, carriers would likely extend their P&I coverage to cover higher risks, which in turn could lead to increased freight rates.
- Arbeit zitieren
- Akash Rana (Autor:in), 2014, Apportionment of liabilities following maritime collision, München, GRIN Verlag, https://www.grin.com/document/301416
