•Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements
Understanding the principles on how to monitor complience with the legislative requirements
1.explain the basic principles of “general average”
2.state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3.state briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R.A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4.enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (classification societies, flag and port state, inspections, etc.) 5.enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1.) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient maritime law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949. General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: "1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently 'inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder." "2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole." "3rd. This attempt to avoid the imminent common peril must be successful". http://en.wikipedia.org/wiki/General_average
2.) RELEASE OF CARGO WITHOUT PRESENTATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. b) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading. Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, without consultation with the carrier’s agent, to release cargo...