Yachtmaster's Handbook
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Manning Policy Manual for Yachts
Manning Policy Manual Yachts engaged in trade 24m and over (Guidance for yachts not engaged in trade) Copyright © 2019 Cayman Islands Shipping Registry A division of MACI All Rights Reserved Table of Contents 1. Revision history ......................................................................................................................4 2. Introduction, purpose and application .................................................................................. 5 3. Applicable rules and regulations ...........................................................................................6 4. Definitions ...............................................................................................................................6 5. Maritime Labour Convention, 2006 .......................................................................................7 6. Seafarers’ Employment Agreement .......................................................................................8 7. LAP (Law & Administrative Procedures) ............................................................................. 8 8. English language ....................................................................................................................8 9. Recognition by endorsement of STCW Certificates of Competency .................................... 9 10. Seafarer’s Discharge Book .................................................................................................... 10 11. Ship’s Cooks......................................................................................................................... -
A Guide to Yacht Finance
A GUIDE TO YACHT FINANCE Those seeking to purchase a yacht or superyacht may often need to borrow the funds in order to buy it. But there are a number of other financially sound reasons to pursue this route, even if you have already amassed enough wealth to buy the asset in the first place. These include both practical and legal arguments ranging from running-cost benefits to tax advantages. In this article, Jonathan Hadley-Piggin provides a definitive guide to yacht finance. Jonathan Hadley-Piggin 020 3319 3700 [email protected] www.keystonelaw.co.uk REGISTRATION AND FLAG PREFERENCE A flag state is the country under whose laws a yacht is registered. This might be the country in which the owner lives or a ship registry in a country more synonymous with the complexities that surround charters and yacht ownership. Registration also grants the privilege and protection of flying the flag of that particular country. Every maritime nation, and even some land-locked countries such as Switzerland, has a system of ship registration that permits the registration of mortgages and other security interests. In 1993, a centralised UK registry replaced the system of individual registries in each major port. The centralised registry is divided into four separate parts, of which two are relevant to yachts: PART I PART III This is the main register consisting of merchant ships This is for small ships of under twenty-four metres and yachts alike. It is a full title register and has the in length. Known as the Small Ships Registry (abbr. -
Liberian Registry Maritime Brochure 2016
THE LIBERIAN REGISTRY DISCOVER THE ESTABLISHED IN WORLD’S LEADING SHIP REGISTRY 1948 PROVIDING FIRST-CLASS SERVICE FOR MORE THAN 65 YEARS The Liberian Registry is the world’s largest quality registry, renowned for excellence, efficiency, safety and innovative service. LIBERIA has earned international respect for its dedication to flagging the world’s safest and most secure vessels. The Liberian Registry is recognized at the top of every industry “white-list” including the International Maritime Organization and “Quality is never an the major Port State Control authorities such as the U.S. Coast Guard as well as accident; it is always the Paris and Tokyo MOU regimes. the result of high The Liberian Registry is administered by the Liberian International Ship and intention, sincere Corporate Registry (LISCR, LLC), a private U.S. owned and globally operated company. LISCR is internationally recognized for its professionalism and com- effort, intelligent mitment to reduce redundant workflow procedures in order to increase efficiency. direction and skillful The Registry is managed by industry professionals who understand the business of shipping and corporate structures. Its proficient administration is one of the execution; it represents most effective and tax efficient ship and corporate registries in the world. the wise choice of The Registry has experienced exponential growth in fleet size and registered ton- many alternatives.” nage throughout its long history. In recent years, the Liberian Registry has grown by approximately 80 million gross tons, twice the growth rate claimed by its nearest —William A. Foster competitor over the same period, establishing beyond dispute that Liberia is far and away the fastest growing quality ship registry. -
How Flags of Convenience Let Illegal Fishing Go Unpunished
OFF THE HOOK How flags of convenience let illegal fishing go unpunished A report produced by the Environmental Justice Foundation 1 OUR MISSION EJF believes environmental security is a human right. The Environmental Justice Foundation EJF strives to: (EJF) is a UK-based environmental and • Protect the natural environment and the people and wildlife human rights charity registered in England that depend upon it by linking environmental security, human and Wales (1088128). rights and social need 1 Amwell Street • Create and implement solutions where they are needed most London, EC1R 1UL – training local people and communities who are directly United Kingdom affected to investigate, expose and combat environmental www.ejfoundation.org degradation and associated human rights abuses Comments on the report, requests for further copies or specific queries about • Provide training in the latest video technologies, research and EJF should be directed to: advocacy skills to document both the problems and solutions, [email protected] working through the media to create public and political platforms for constructive change This document should be cited as: EJF (2020) • Raise international awareness of the issues our partners are OFF THE HOOK - how flags of convenience let working locally to resolve illegal fishing go unpunished Our Oceans Campaign EJF’s Oceans Campaign aims to protect the marine environment, its biodiversity and the livelihoods dependent upon it. We are working to eradicate illegal, unreported and unregulated fishing and to create full transparency and traceability within seafood supply chains and markets. We conduct detailed investigations into illegal, unsustainable and unethical practices and actively promote improvements to policy making, corporate governance and management of fisheries along with consumer activism and market-driven solutions. -
A Flag State Assessment of Compliance and Enforcement of the Maritime Labour Convention, 2006 in Saint Vincent and the Grenadines
World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 11-3-2019 A flag state assessment of compliance and enforcement of the Maritime Labour Convention, 2006 in Saint Vincent and the Grenadines Tyson Winston Haynes Follow this and additional works at: https://commons.wmu.se/all_dissertations Part of the International and Comparative Labor Relations Commons Recommended Citation Haynes, Tyson Winston, "A flag state assessment of compliance and enforcement of the Maritime Labour Convention, 2006 in Saint Vincent and the Grenadines" (2019). World Maritime University Dissertations. 1220. https://commons.wmu.se/all_dissertations/1220 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WORLD MARITIME UNIVERSITY Malmö, Sweden A FLAG STATE ASSESSMENT OF COMPLIANCE AND ENFORCEMENT OF THE MARITIME LABOUR CONVENTION, 2006 IN SAINT VINCENT AND THE GRENADINES By Tyson W. Haynes Saint Vincent and the Grenadines A dissertation submitted to the World Maritime University in partial fulfilment of the requirement for the award of the degree of MASTER OF SCIENCE In MARITIME AFFAIRS (MARITIME SAFETY AND ENVIRONMENTAL ADMINISTRATION) 2019 Copyright: Tyson Haynes, 2019 DECLARATION Supervised by: Professor Raphael Baumler World Maritime University ii ACKNOWLEDGEMENTS I thank the Almighty God for His grace, blessings and for providing me with the opportunity to study at the World Maritime University. I thank the Department of Maritime Administration for providing the avenue for me to pursue my Master’s degree at WMU and for their support in providing the necessary data to assist with the completion of my dissertation and other subject areas. -
MSN 1848 (M) Amendment 2
Maritime and Coastguard Agency MERCHANT SHIPPING NOTICE MSN 1848 (M) Amendment 2 Maritime Labour Convention, 2006 Survey and Certification of UK Ships Notice to all Notice to all Ship Owners, Ship Operators, Managers, Manning Agents, Trade Unions and Seafarer This notice should be read with Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. No 2013/1785) and the ILO Guidelines for Flag State Inspections and replaces MSN 1848(M) Amendment 1. Summary The purpose of this Merchant Shipping Notice is to give details of arrangements for the survey, inspection and certification of seafarers’ working and living conditions on UK ships, in accordance with the Maritime Labour Convention, 2006 (MLC) under the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. No. 2013/1785) (“the MLC Survey & Certification Regulations”), and provide appropriate guidance. MSN 1848(M) Amendment 2 includes the amendments to the Maritime Labour Convention, 2006 (the MLC) adopted by the ILO in June 2014, including the format for the updated DMLC Part 1 and Part 2. Ships of 500GT and over operating internationally or in a foreign port require a Maritime Labour Certificate. Shipowners for ships under 500GT which operate internationally or in a foreign port may also request a survey for issue of a certificate. For UK ships under 500 GT, currently a Maritime Labour Certificate can only be issued by the Maritime and Coastguard Agency. For UK ships of 500 GT and over the Maritime Labour Certificate may be issued either by the Maritime and Coastguard Agency or by one of the six Recognised Organisations. -
Fishing Vessels Operating Under Open Registers and the Exercise of Flag State Responsibilities
ii FAO Fisheries Circular No. 980 FIPL/C980 FISHING VESSELS OPERATING UNDER OPEN REGISTERS AND THE EXERCISE OF FLAG STATE RESPONSIBILITIES INFORMATION AND OPTIONS iii FAO Fisheries Circular No. 980 FIPL/C980 FISHING VESSELS OPERATING UNDER OPEN REGISTERS AND THE EXERCISE OF FLAG STATE RESPONSIBILITIES INFORMATION AND OPTIONS Judith Swan Consultant International Institutions and Liaison Service FAO Fisheries Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 2002 iii PREPA RATION OF T HI S CI RCULA R This Circular was prepared within the framework of the Regular Programme as part of the on- going activities of the FAO International Institutions and Liaison Service (FIPL) aimed at providing information to FAO Members and FAO and non-FAO Regional Fishery Bodies on the activities of fishing fleets with open registries, and in particular those activities that result from States not exercising effective flag State control over those fleets. Swan, J. Fishing Vessels operating under open registers and the exercise of flag State responsibilities. Information and options. FAO Fisheries Circular. No. 980. Rome, FAO. 2002. 65p. ABSTRACT The number of fishing vessels operating under open registers is increasing. A related concern is to secure the effective control of fishing vessels by the flag State. This concern is evidenced by a range of post-United Nations Conference on Environment and Development (UNCED) international instruments that progressively include clearer and more thorough duties of the flag State. The purpose of this paper is to review activities relating to the fishing fleets of countries with open registries and, in particular, those activities that result from countries not exercising effective flag State control over those fleets. -
Shipping Industry Flag State Performance Table 2018/2019
Shipping Industry Flag State Performance Table 2018/2019 Supported by Shipping Industry Flag State Performance Table The following Table is published annually www.ics-shipping.org There is nothing inherently unusual in an international ship registry system in which the owner of a ship may be located in a country other than the state whose flag the ship flies. However, a balance has to be struck between the commercial advantages of selecting a particular flag and the need to discourage the use of flags that do not meet their international obligations. The purpose of this Flag State Performance Table How to use the Table is two-fold: This Table summarises factual information in the To encourage shipowners and operators to public domain that might be helpful in assessing examine whether a flag state has sufficient the performance of flag states. Sources are substance before using it. shown in the footnotes overleaf. To encourage shipowners and operators to put Positive performance indicators are shown as green pressure on their flag administrations to effect any squares on the Table. improvements that might be necessary, especially in relation to safety of life at sea, the protection of Like all statistics, the Table needs to be used with care. the marine environment, and the provision of decent Where a flag state is missing a single positive indicator working and living conditions for seafarers. in itself this does not provide a reliable measurement of performance. For example, a flag state might be unable to ratify a Convention due to conflict with domestic law but might nevertheless implement its main requirements. -
Pretending to Be Liberian and Panamanian; Flags of Convenience and the Weakening of the Nation State on the High Seas
Journal of Maritime Law & Commerce, Vol. 47, No. 1, January, 2016 Pretending to be Liberian and Panamanian; Flags of Convenience and the Weakening of the Nation State on the High Seas Carlos Felipe Llinás Negret* Carnival Cruise Lines owns and operates the largest cruise ship passenger fleet in the world.1 In practice, Carnival Cruise Lines is an American company. Carnival’s corporate headquarters located in Doral, Florida, a suburb of Miami, houses 3,900 employees.2 23 out of 24 of its cruise ships are home ported in the United States. Every year these ships, which account for 21% of the worldwide cruise market share,3 carry 4.5 million passengers in itineraries that always begin and end in American ports.4 Its corporate parent, Carnival Corporation (also headquartered in Doral, Florida), is publicly traded on the New York Stock -------------------- *Carlos Felipe Llinás Negret is a Board Certified Specialist in Admiralty and Maritime Law, and practices at Lipcon, Margulies, Alsina, & Winkleman, P.A., He focuses on complex commercial vessel litigation including: Limitation of Liability, Jones Act, DOSHA, cruise ship passenger personal injury, and Rule B attachments, and is licensed in Florida, California and the District of Columbia. 1Carnival Cruise Lines is the largest cruise line in the world based on passengers carried. Carnival Cruise Lines Fact Sheet, http://carnival-news.com/2014/01/17/ carnival-cruise-lines-fact-sheet-2/. 2Id. 32014 Worldwide Cruise Market Share, Cruise Market Watch, http://www.cruisemarketwatch.com/market-share/. 4Carnival Cruise Lines’ home ports are in the following American cities: Miami (Florida), Fort Lauderdale (Florida), Port Canaveral (Florida), Tampa, San Juan (Puerto Rico), Charleston (South Carolina), Baltimore (Maryland), New York (New York), New Orleans (Louisiana), Galveston (Texas) and Long Beach (California). -
Summary of Laws Regulating Floating Armouries and Their Operations Annex a to Maritime Crime: a Manual for Criminal Justice Practitioners
SUMMARY OF LAWS REGULATING FLOATING ARMOURIES AND THEIR OPERATIONS Annex A to Maritime Crime: A Manual for Criminal Justice Practitioners GLOBAL MARITIME CRIME PROGRAMME UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Summary of Laws Regulating Floating Armouries and their Operations Annex A to Maritime Crime: A Manual for Criminal Justice Practitioners Global Maritime Crime Programme UNITED NATIONS Vienna, 2020 © United Nations, September 2020. All rights reserved, worldwide. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. CONTENTS Chapter 1. Background 1 1.1 Origin of floating armouries 4 1.2 Floating armoury operations 4 1.3 Procedural history 5 Chapter 2. Current floating armoury operators 7 Chapter 3. Extant laws relevant to floating armouries 9 3.1 The vessel 10 3.2 The armoury 14 3.3 The services 20 3.4 Services facilitated by the vessel 21 3.5 The individuals involved 24 Chapter 4. Conclusion 27 Conclusion 28 iii Chapter 1 Background KEY POINTS 1. Floating armouries (FAs) are vessels that provide offshore storage of weapons, ammu- nition and security equipment, and are a recent development born of the logistical needs of private maritime security companies engaged in the protection of commercial ships from pirate attacks. 2. Few laws, if any, deal specifically with FAs, but a number of national laws and inter- national instruments are applicable to their activities and operations. -
The Proliferation Security Initiative Legal Considerations and Operational Realities
SIPRI Policy Paper THE PROLIFERATION 36 SECURITY INITIATIVE May 2013 Legal Considerations and Operational Realities aaron dunne STOCKHOLM INTERNATIONAL PEACE RESEARCH INSTITUTE SIPRI is an independent international institute dedicated to research into conflict, armaments, arms control and disarmament. Established in 1966, SIPRI provides data, analysis and recommendations, based on open sources, to policymakers, researchers, media and the interested public. The Governing Board is not responsible for the views expressed in the publications of the Institute. GOVERNING BOARD Göran Lennmarker, Chairman (Sweden) Dr Dewi Fortuna Anwar (Indonesia) Dr Vladimir Baranovsky (Russia) Ambassador Lakhdar Brahimi (Algeria) Jayantha Dhanapala (Sri Lanka) Susan Eisenhower (United States) Ambassador Wolfgang Ischinger (Germany) Professor Mary Kaldor (United Kingdom) The Director DIRECTOR Professor Tilman Brück (Germany) Signalistgatan 9 SE-169 70 Solna, Sweden Telephone: +46 8 655 97 00 Fax: +46 8 655 97 33 Email: [email protected] Internet: www.sipri.org The Proliferation Security Initiative Legal Considerations and Operational Realities SIPRI Policy Paper No. 36 AARON DUNNE May 2013 © SIPRI 2013 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, without the prior permission in writing of SIPRI or as expressly permitted by law. Printed in Sweden ISSN 1652–0432 (print) ISSN 1653–7548 (online) ISBN 978–91–85114–75–7 Contents Preface v Acknowledgments vi Summary vii Abbreviations ix 1. Introduction 1 2. Development and activities of the Proliferation Security Initiative 2 Origins 2 Development 3 Activities 6 Attribution 10 Critical Capabilities and Practices 11 Table 2.1. States that have endorsed the Proliferation Security Initiative 4 Statement of Interdiction Principles as of April 2013 3. -
Understanding Introduction from the Sea
Understanding Introduction from the Sea International Environmental Law Project of Lewis & Clark Law School February 2010 The International Environmental Law Project (IELP) is a legal clinic at Lewis & Clark Law School that works to develop, implement, and enforce international environmental law. It works on a range of issues, including wildlife conservation, climate change, and issues relating to trade and the environment. This Report was made possible through funding provided by Greenpeace-Netherlands, Greenpeace-International, the Humane Society International, and the Whale and Dolphin Conservation Society. All views expressed in the Report are those of the authors only. The following people contributed to this report: Chris Wold, Chris Gunn, Nicholas de la Fuente, Dave Allen, Erica Thorson, and Eleanor Garretson. For more information, contact: Chris Wold Associate Professor of Law & Director International Environmental Law Project Lewis & Clark Law School 10015 SW Terwilliger Blvd Portland, OR 97219 USA TEL +1-503-768-6734 FX +1-503-768-6671 E-mail: [email protected] law.lclark.edu/org/ielp Cite as: INTERNATIONAL ENVIRONMENTAL LAW PROJECT, UNDERSTANDING INTRODUCTION FROM THE SEA (2010) Copyright © 2010 International Environmental Law Project Cover Photo Credit: Sphyrna lewini, Scalloped Hammerhead Shark–MarineBio.org, http://marinebio.org/species.asp?id=86. Table of Contents Executive Summary ......................................................................................................................... i 1. What Is Introduction