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The Impact of Major Maritime Accidents on the Development of International Regulations Concerning Safety of Navigation and Protection of the Environment

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The Impact of Major Maritime Accidents on the Development of International Regulations Concerning Safety of Navigation and Protection of the Environment ZESZYTY NAUKOWE AKADEMII MARYNARKI WOJENNEJ SCIENTIFIC JOURNAL OF POLISH NAVAL ACADEMY 2017 (LVIII) 4 (211) DOI: 10.5604/01.3001.0010.6741 Daniel Duda , Ryszard Wawruch THE IMPACT OF MAJOR MARITIME ACCIDENTS ON THE DEVELOPMENT OF INTERNATIONAL REGULATIONS CONCERNING SAFETY OF NAVIGATION AND PROTECTION OF THE ENVIRONMENT ABSTRACT The article presents the impact of major maritime accidents on the development of international regulations concerning the safety of navigation and environmental protection of the seas and oceans. It contains analysis of the reasons and consequences of maritime disasters like the acci- dents of: ‘Titanic’, ‘Torrey Canyon’, ‘Amoco Cadiz’, ‘Herald of Free Enterprise’, ‘Exxon Valdez’, ‘Estonia’, ‘Erika’ and ‘Prestige’ as well as international agreements established in order to prevent this type of accident in the future or, at least, limit their consequences. Key words: international conventions, maritime safety, environmental protection, maritime accidents. INTRODUCTION The twentieth century was a period of very intensive development of the mari- time economy: maritime trade, exploration and exploitation of the seas and oceans and the seabed, shipbuilding and navigational and radio communication techniques. A new branch of maritime economy popularly called ‘offshore’ was developed and Polish Naval Academy, Institute of Navigation and Hydrography, Śmidowicza 69 Str., 81-127 Gdynia, Poland; e-mail: [email protected] Gdynia Maritime University, Department of Navigation, Jana Pawła II 3 Str., 81-345 Gdynia, Poland; e-mail: [email protected] 23 Daniel Duda, Ryszard Wawruch new types of ships (container vessels, oil, chemical and gas tankers, heavy lift carriers, etc.) were introduced. Large commercial vessels, equipped with modern radio navi- gational and radio communication systems have created a false feeling of safety, understood as resistance of vessel on threats that may arise during the sea voyage. Satellite communication and maritime traffic monitoring systems liquidated the tradi- tional autonomy of seagoing vessels — practically any time, everybody can see where every merchant ship is and establish radio contact with her. The development of technology is not affected, however, in reducing the number of marine accidents. The increase in vessel size (fig. 1) and in the number of passengers and dangerous, harmful and polluting goods transported at the same time on one ship makes that the consequences of her accident can be tragic and the costs of the removal of its effects on the environment high. Fig. 1. Comparison of the RMS ‘Titanic’ and cruise vessel Allure of the Saes [www.vesseltracking.net/biggest-cruise-ships (access 17.05.2017)] The consequence of the development of shipping was the adoption of legis- lative work on the establishing of international standards defining the minimum requirements for the safety of navigation and protection of the marine environment from pollution by ships and professional qualifications of seafarers. It should be emphasized that the impetus to work in this area were primarily ships accidents which resulted in the deaths of large numbers of persons carried on board or high financial consequences. For example, works on the basic international act regarding safety of life at sea — the International Convention for the Safety of Life at Sea (SOLAS), 24 Zeszyty Naukowe AMW — Scientific Journal of PNA The impact of major maritime accidents on the development of international regulations… were initiated after the tragedy of the royal mail steamer RMS ‘Titanic’ owned by the White Star Line, which sank on 14 April 1912 after a collision with an iceberg. Before this tragedy it was widely believed that the issues related to the construc- tion and equipment of ships are sufficiently regulated by the flag state legislative acts. It should be emphasized that the ‘Titanic’ met all requirements of the United Kingdom provisions on rules of construction and equipment, including life saving equipment, and the captain and deck officers have professional qualifications sig- nificantly higher than those required by the applicable provisions of the British regulations. Fig. 2. Length of large modern ships [visual.ly/ocean-giants-comparison-worlds-largest-ships (access 17.05.2017)] The SOLAS Convention was only the tenth international agreement regarding the widely understood human activities at sea. Earlier had been adopted the following acts: 1. The valid till today Treaty of Copenhagen dated 14 March 1857 on the freedom of navigation of commercial vessels in the straits of the Baltic (the Sound and the Great and Little Belt), according to which Denmark gave up the levying of any charge of ships and cargoes and pledged failure to stop and display on any obstacles merchant ships passing through the Baltic Straits. 2. International Convention for regulating the police of the North Sea fisheries outside territorial waters (three-mile limit from land) signed at the Hague on 6 May 1882 with a supplementary convention signed at the Hague on 16 November 1887 4 (211) 2017 25 Daniel Duda, Ryszard Wawruch among the same contracting parties, relating to the liquor traffic in the North Sea (forbidding the sale of spirituous liquors within it to persons on board fishing vessels). 3. Convention for the Protection of Submarine Telegraph Cables signed in Paris on 14 March 1884, introducing, among other, a safe distance passing vessels en- gaged in laying and repairing submarine cables showing adequate daily signs and navigation lights at least equal to 1 nautical mile from the vessel and 2.5 cables from beacon indicating the position of the cable. 4. Hague Convention signed on 29 July 1899 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864 provided for the pro- tection of marked hospital ships and required them to treat the wounded and shipwrecked sailors of all belligerent parties. 5. Convention on Hospital Ships signed at The Hague on 21 December 1904 es- tablishing that during times of war, hospital ships would be exempted from dues and taxes imposed on vessels in the ports of the states that ratify the treaty. 6. The International Radiotelegraph Convention of Berlin signed on 1st Interna- tional Radiotelegraph Conference conducted in Berlin between 3 October — 3 November 1906 — the first regulatory conference of its kind regulating six years before the ‘Titanic’ disaster questions connecting with radio communica- tions between coasts and ships at sea, and those exchanged between ships. The wavelengths 600 m (frequency 500 kHz) and 300 m (1 MHz) were allocated for maritime communications. Coast stations were generally required to be opera- tional 24 hours a day. The radio distress signal ‘SOS’ and general procedures for transmitting radio telegrams were established. After 1906, the conference met in 1912 (three months after the ‘Titanic’ casualty), 1927, 1932, 1938, and still meets roughly every four years, as the International Telecommunications Union World Radio Conference. On the conference in 1912 obliged ships to maintain contact with vessels in their vicinity as well as coastal onshore radio stations. Conference decisions are still recognized as having treaty status. 7. Hague Convention of 18 October 1907 consisting of thirteen treaties, of which twelve were ratified and entered into force, and one declaration, e.g.: Conventions: relating to the Status of Enemy Merchant Ships at the Outbreak of Hostiles (Hague VI); relating to the Conversion of Merchant Ships into War Ships (Hague VII); relating to the Laying of Automatic Submarine Contact Mines (Hague VIII); concerning Bombardment by Naval Forces in Time of War (Hague IX); 26 Zeszyty Naukowe AMW — Scientific Journal of PNA The impact of major maritime accidents on the development of international regulations… for the Adaptation to Maritime War of the Principles of the Geneva Convention (Hague X); relative to Certain Restrictions With Regard to the Exercise of the Right of Capture in Naval War (Hague XI); concerning the Rights and Duties of Neutral Powers in Naval War (Hague XIII). 8. Two conventions signed in Brussels on 23 September 1910: Convention for the Unification of Certain Rules of Law with respect to Colli- sions between Vessels; Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea amended by a Protocol issued in Brussels on 27 May 1967. The above statement shows that the first international agreements related to the issues, which could not be settled by the flag or coastal state national regulations only, first of all, freedom of navigation and fishing, the legal status of merchant ships during the war and the rules of collision avoidance and rescue of life at sea. BASIC INTERNATIONAL MARITIME CONVENTIONS AND AGREEMENTS Currently, dozens of international agreements regulate the various aspects of international shipping. As three basic acts, regarding the minimum requirements for maritime safety, protection of the environment against pollution from ships and professional qualifications of seafarers, should be listed following conventions in- troduced by the International Maritime Organisation (IMO): International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997 (MARPOL), as amended; International Convention on Standards of Training,
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