AUTHOR: VIKASH RANA, ARMY LAW COLLEGE PUNE

The Merchant Navy is very important for world trade. It helps move goods across oceans from one country to another. But, working in the Merchant Navy is not just about sailing. It follows many rules and laws made by different countries and international organizations. In this article, we will understand these laws in simple words and see how they protect ships, seafarers, and the environment.

Many global organizations like the International Maritime Organization (IMO) and the International Labour Organization (ILO) make laws that all shipping companies must follow. Some important international rules are:

a) UNCLOS – United Nations Convention on the Law of the Sea

This law is like the "Constitution of the Ocean." It explains how countries can use the sea, divide water zones (like territorial waters and high seas), and what powers a country has over its ships.

b) SOLAS – Safety of Life at Sea (1974)

SOLAS makes sure ships are safe. It has rules for ship design, fire safety, life-saving tools, and more. It helps protect crew and cargo from accidents.

c) STCW – Standards for Training and Certification (1978)

This rule tells how seafarers should be trained and certified. It ensures that all crew members are skilled, healthy, and ready to handle their duties.

d) MLC – Maritime Labour Convention (2006)

Known as the "Seafarers' Bill of Rights," the MLC gives seafarers rights like proper pay, rest, medical care, and safety. It makes sure their working conditions are fair.

Every country also has its own shipping laws, often based on international rules.

India – The Merchant Shipping Act, 1958 manages ship registration, safety, and pollution control.

USA – The Jones Act says that only U.S.-made and U.S.-owned ships can carry goods between U.S. ports.

UK – The Merchant Shipping Act, 1995 looks after ships under the British flag and ensures they follow international rules.

3. Who is Responsible? Understanding Liability and Insurance

In the Merchant Navy, both shipowners and crew have responsibilities.

a) Shipowners’ Duties

Shipowners must keep their ships in good condition and care for the crew. If an accident happens or oil spills, they may be responsible under rules like:

CLC (1969) – Makes shipowners pay for oil pollution.

LLMC (1976) – Limits how much money can be claimed in maritime accidents.

b) Seafarers’ Rights and Duties

Seafarers have legal rights such as fair pay, medical help, and the right to return home (repatriation). But they also have duties like following safety rules, keeping watch properly, and preventing pollution.

Modern shipping laws also focus on saving nature and improving safety:

MARPOL (1973/78) – Stops ships from polluting the sea with oil, waste, and smoke.

Ballast Water Convention (2004) – Stops the spread of harmful sea creatures from one area to another through ballast water.

Sometimes, there are disagreements or problems, like damaged cargo or worker injury. These can be solved by:

Admiralty Courts – Special courts for shipping matters.

Arbitration – A private process where both sides agree to let an expert decide.

Mediation – A friendly discussion helped by a neutral person to settle the matter peacefully.

The laws of the Merchant Navy are detailed and cover everything from training and safety to environment and employment. Following these laws keeps shipping safe, protects seafarers, and saves our oceans. As the world changes, it’s important that everyone in the industry understands and follows these rules. That’s how we can truly navigate the legal seas wisely.