A Safe Voyage to a New World

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References

The views expressed in this article are those of the coauthors writing in a personal capacity and do not represent any official view of IMCO or its Secretariat or reflect any opinion other than the private views of the coauthors. 1. Michael Baily, shipping correspondent, reporting in the Times (London), on figures compiled by the Liverpool Underwriters Association which revealed also that four States (Cyprus, Greece, Liberia, and Panama) led the world in ships' casualties in the beginning of 1977 (February 4, 1977).

2. James Dawson, "Ghost Ships Are a Menace to World's Ocean Lanes,"American Marine Engineer (a house journal of the Todd Shipyards Corp., no longer published) (September 1974). 3. James Dawson, "Freak Ocean Waves Are Episodic," New Scientist 73, no. 1033 (January 6, 1977): 7-9.

4. U.S. Department of Commerce, Human Error in Merchant Marine Safety (Washington, D.C.: Maritime Transportation Research Board, National Technical Information Service, June 1976); see also n. 20 below.

5. U.S. Coast Guard, "Report of the VLCC Metula Grounding, Pollution and Re-floating in the Strait of Magellan in 1974" (unclassified, unpublished report submitted by Rear Admiral R. I. Price, Chief, Office of Marine Environment and Systems, U.S. Coast Guard, 1975). ¡. 6. Ibid., enclosure 15. 0

7. James Dawson, "Antiquated Charting Perils Shipping," Marine Technology Society Journal 8, no. 2 (February 1974): 15-17. 8. Noel Mostert, Supership (New York: Knopf, 1974).

9. Hans Laurin, "Suez and World Shipping," Lloyd's List (May 8, 1975). 10. "12M Ton Rise in World Merchant Fleet," Lloyd's List (November 13, 1968). 11. Laurin. 12. Ibid.

13. Admiral E. J. Roland, "Commandants' Action concerning Recommendation of the Board," 5943/YARMOUTH CASTLE (February 24, 1966). 14. After the Argo Merchant and other casualties, it was the U.S. secretary of transportation, Mr. Brock Adams, who on May 23, 1977, took the role which Ambassador Harriman had earlier filled. He explained the U.S. government's urgent interest in oil-tanker safety measures to the IMCO Council, remarking tht "President Carter stressed ... that he prefers international solutions to problems which spring from international concerns" (see nn. 18 and 21 below).

15. A detailed exposition of the events of 1965 and 1966 in their legislative context is found in Thomas A. Clingan, Jr., "Legislative Flotsam and International Action in the Yarmouth Castle's Wake," George Washington Law Review 35, no. 4 (May 1967): 675-97, from which this brief account is drawn. The discussion is relevant to events 10 years later. 16. Ibid., p. 692. 1

17. Ibid., p. 693.

18. Office of the White House Press Secretary, "Fact Sheet-Actions to Reduce Maritime Oil Pollution" (March 16, 1977). 19. Ibid.

20. Clingan, p. 677. 21. Secretary Adams pointed out at IMCO that 80-85 percent of tanker accidents are caused by human error. His address to the IMCO Council is summarized in IMCO document C XXXVIII/SR.1 (May 23, 1977). An International Conference on the Training and Certification of Seafarers is scheduled for the spring of 1978 by IMCO. 22. The shipping industry, which tends once again to regard the U.S. tanker safety issue as a kind of "ultimatum" by that country, has submitted to a multitude of new international regulations since 1967, and it still reserves its strongest complaints not so much for the substance of new proposals as for the unpredictability of regulations with which a shipowner may be required to comply in the various states. The fear of U.S. action is that ships may arrive in ports to find that they do not meet the standards of the

authorities which inspect them. This feature of the American program may give rise to the "international discord" warned against recently in such journals as Fairplay International Shipping Weekly ("IMCO's Time of Crisis on Tanker Safety Issue" june 2, 1977]). 23. "Pacem in Maribus VI," in Symposia of Expo '75, Official Report of the Japan Association for the International Ocean Exposition (Okinawa: Dai Nippon, 1975), p. 55.

24. The Scotia 81 U.S. (14 Wall) 170 ( 1871). In this famous appellate action in the United States Supreme Court, the defense against an allegation of fault in a collision case was that the American ship which collided with the Scotia was carrying improper lights. Although the prescription of lights to be used on the high seas originated in a British enactment, the court held that the rules were not those of a British or an American statute but were an obligation of the general maritime law, created by "common consent of States." 25. The Duke of Sussex [1841] 1 Wm Rob. 274. 26. 25-26 Vict. C. 63. 27. Regina v. Keyn [1876] 2 Exch. Div. 63, p. 175.

28. Royalty and other distinguished persons figure among the nine "honorary" Elder Brethren, and the master is the Duke of Edinburgh. Winston Churchill was an Elder Brother of Trinity House and is reported to have replied in his fearless French when asked in that language about the significance of his attire-the Trinity House frock coat with gold lace: "Je suis frere aine de la Trinite." "Quel influence!" was said to have been the reply. 29. "I believe that a drastically new concept of management is vital-one which leads in the opposite direction from overblown, centralized, permanent super- bureaucracies with decision-making authority concentrated at the top. Indeed, I believe that we are fast approaching and in some cases may have exceeded, the effective limits of centralized bureaucratic structure, especially in public institutions" (Maurice F. Strong, "One Year after Stockholm," Foreign Affairs 51, no. 4 (July 1973): 690-707). 30. "New 'Road Signs' for Sailors," Observers (London) (April 17, 1977).

31. IMCO, FN/Circ. 80 (21 May 1976). 32. Dawson, "Antiquated Charting," p. 17; and Captain A. F. Dickson, "Underkeel Clearance," Proceedings of the Marine Safety Council, United States Coast Guard 34, no. 3 (March 1977): 51-57. 33. On this subject, see Commander R. B. Richardson, F.R.I.N. (a Port of London Authority havenmaster), "Confusion of Arts,"IALA Bulletin, no. 62 (January 1975), pp. 28-31; and J. S. McKenzie, "The Routeing of Ships,"Journal of Transport Economics and Policy 5, no. 2 (May 1971 ): 201-15, from which much of what follows is gratefully drawn.

34. Various institutes of navigation began work on traffic separation immediately after the 1960 Safety Conference in London, and priority was given to the Strait of Dover for which a scheme was completed in 1967. Recommended routeing systems for areas outside national jurisdiction called for international sanction of the kind IMCO was prepared to provide. In 1967 at the fifteenth session of the Maritime Safety Committee, it was unanimously decided that "IMCO was the only international body responsible for establishing and recommending measures concerning the separation of traffic in congested areas on an international level." The assembly of IMCO approved this conclusion, and since 1967 over 200 schemes have been approved as IMCO recommendations. On July 15, 1977, the element of obligation was introduced by the entry into force of the new collision regulations. 35. Richardson, p. 30.

36. McKenzie, p. 201. 37. Richardson, p. 30. 38. In November 1976 a conference convened by IMCO adopted the Convention of the International Maritime Satellite Organization (INMARSAT) to improve maritime safety systems, among other purposes. That convention is included as an appendix to this volume. OnJuly 14, 1977, thejournal of Commerce, London, reported on a new geostationary meteorological satellite which will "keep open a weather eye" for typhoons and other disturbances in the Pacific Ocean. The program is part of the World Weather Watch. 39. Richardson, p. 31. 40. Ibid.

41. Dawson, "Antiquated Charting," pp. 15, 16. 42. Richardson, p. 29. 43. McKenzie has set out in his admirable article (n. 33 above) a statistical projection of berth occupancy and turnaround time in graph and tabular form. A simulation was used for average rates of arrival and turnaround and from this with a computer program it was possible to establish the relationship between random arrivals and the queues which can form of ships wanting to berth. 44. Wendell Mordy, "Weather Modification, as a Non-polluting Technology Capable of Changing the Marine Environment," Symposia of Expo '75, p. 53, n. 19.

45. McKenzie, p. 207. 46. Ibid. 47. Ibid., p. 211. 48. Ibid. 49. Oliver S. Schroeder, Jr., "The Law and the Sea: An Introductory Comment," Case Western Reserve Journal of International Law 8, no. 1 (Winter 1976): 5-12.

50. Wolfgang Friedmann, The Future of the Oceans (London: Dobson, 1972), preface. 51. 1976 and 1977 also saw IMCO moving ahead with programs for improved enforcement of conventions, in particular to identify and deal with ships that do not comply with international standards. For all the appeal to some shipowners (and many seafarers) of operating under a flag of convenience and the substantial efforts of Liberia to dispel a reputation for indifference to such standards, the poor safety record of the flags of convenience is a major reason for the current insistence on "port State jurisdiction," which most shipowners resist. There is also evidence that some shipowners are bowing to the pressures to leave the convenience flags (see Michael Grey, "Flags of Convenience-the Pressure Grows," Fairplay International Shipping Weekly (July 14, 1977], pp. 49-51). 52. Friedmann, p. 118.

53. James Dawson, "Sea Courts and the U.S. Navy," U.S. Naval Institute Proceedings 99, no. 1/839 (January 1973): 91-93.

54. Arvid Pardoand Elisabeth Mann Borgese, The New International Economic Order and the Law of the Sea, IOI Occasional Paper, no. 4 (Malta: Royal University of Malta, 1976).

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