ratification and domestication of maritime...

CAPACITY BUILDING FOR CLIMATE CHANGE MITIGATION IN THE MARITIME SHIPPING INDUSTRY

1st MTCC-Africa Regional Workshop | 13-15 December 2017 | Mombasa, Kenya

Presented by Lydia Ngugi |[email protected]

Ratification and Domestication of Maritime Conventions

The Global MTCC Network (GMN) project is funded by theEuropean Union and implemented by IMOThe views expressed in this presentation can in no way betaken to reflect the views of the European Union

• IMO - (International Maritime Organization) is the United NationsSpecialized Agency with responsibility for the Safety and Security ofShipping and the Prevention of Marine Pollution by Ships

http://www.imo.org/

http://www.imo.org/

IMO's Mission Statement

• The mission of the International Maritime Organization (IMO) as aUnited Nations specialized agency is to promote safe, secure,environmentally sound, efficient and sustainable shipping throughcooperation. This will be accomplished by adopting the highestpracticable standards of maritime safety and security, efficiency ofnavigation and prevention and control of pollution from ships, as wellas through consideration of the related legal matters and effectiveimplementation of IMO’s instruments with a view to their universaland uniform application

Domestication of International Conventions Laws and Regulations

• A maritime treaty is adopted or amended – what happens next?

• IMO treaties are not self-executing and require domestic legislation togive effect to their provisions

• Appropriate implementing legislation must be drafted at the nationallevel, because international treaties can only become law whenimplemented into national legislation.

Maritime Conventions Ratified by Kenya

• Convention on the International Maritime Organization (IMO Convention)as Amended

• Intergovernmental Standing Committee on Shipping (ISCOS) Agreement1987 as Amended

• Agreement establishing the Northern Corridor Transit and TransportCoordination Authority, 1986 and its Protocol.

• African Maritime Charter

• Maritime Labour Convention, 2006

• International Convention for the Safety of Life at Sea, 1974, as amended(SOLAS 1974)

• International Convention for the Prevention of Pollution from Ships(MARPOL)

1st NATIONAL WORKSHOP 2017 6

MARPOL Annex VI

Ratification

1. Benin

2. Congo

3. Ghana

4. Kenya

5. Liberia

6. Nigeria

7. Sierra Leone

8. South Africa

9. Tunisia

Maritime Conventions Ratified by Kenya ……………

• International Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978, as amended (STCW 1978)

• International Convention on Load Lines, 1966 (ll 1966)

• International Convention on Tonnage Measurement of Ships, 1969(TONNAGE 1969)

• Convention on the International Regulations for Preventing Collisions at Sea,1972 (COLREGS)

• International Convention for Safe Containers, 1972, as amended

• International Convention on Maritime Search and Rescue (SAR)

• Convention on Facilitation of International Maritime Traffic, 1965, asamended (FAL 1965)


• Convention on the Prevention of Marine Pollution by Dumping of Wastesand other matter, (London Convention), 1972

• Protocol of 1992 to amend the International Convention on Civil Liability forOil Pollution Damage, 1969 (CLC PROT 1992)

• Convention on the International Mobile Satellite Organization, as Amended(IMSO c 1976)/INMARSAT C 76 /INMARSAT OA 76)

• Protocol of 1992 to amend the International Convention on theEstablishment of an International Fund for Compensation for Oil PollutionDamage, 1971 (Fund Prot 1992)

• Convention for the Suppression of Unlawful Acts against the Safety ofMaritime Navigation, Protocol for the Suppression of Unlawful Acts againstthe Safety of Fixed Platforms located on the continental shelf


• International Convention on Salvage, 1989 (Salvage 1989)

• International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990, as amended (OPRC 1990)

• International Convention for the Control and Management of Ships BallastWater and Sediments, 2004

• 1988 Protocol to the Load Lines Convention, 1966

• 1978 Protocol to the 1974 Safety of Life at Sea (SOLAS) convention (SOLAS78 Protocol)

• Protocol of 1988 Relating to the International Convention for the Safety OfLife at Sea, 1974

• Convention on the Limitation of Liability for Maritime Claims 1976 (LLMC1976)


• 1996 Protocol to the Convention on Limitation of Liability for MaritimeClaims (LLMC), 1976

• Nairobi International Convention on Removal of Wrecks, 2007

• International Convention on the Control of Harmful Anti-Fouling Systems onShips, 2001


• Under the Law of the Sea and Fisheries

• 1982 United Nations Convention on the Law of the Sea (UNCLOS)

• United Nations Fish Stock Agreement (UNFSA) for Straddling and HighlyMigratory Fish, 1995

• UN 1993 FAO Compliance Agreement, 1993

• Code of Conduct for Responsible Fisheries, 1995 (CCRF) of FAO

• International Convention for Regulation of Whaling, 1946

• The World Conservation Union (IUCN)

• Indian Ocean Tuna Commission (IOTC) Agreement


• South West Indian Fisheries Commission Convention (SWIOFC)

• Intergovernmental Oceanographic Commission / UNESCO’S (UNESCO-IOC).

• Western Indian Ocean Marine Science Association (WIOMSA).

• Port State Measures Agreement (PSMA) against Illegal, Unreported andUnregulated Fishing (IUU) 2009

• The Common Market for Eastern and Southern Africa Fisheries Strategy(COMESAFS).

• Lake Victoria Fisheries Organization (LVFO) Convention of 1994.

Merchant Shipping Act of Kenya(Subsidiary Regulations)

• Merchant Shipping (Fees) Regulations – revoked by L.N. 192/2011 - M16 –211

• Merchant Shipping (Application of Safety Convention, 1974) Order, 2004 -M16 – 213

• 3 Merchant Shipping (Maritime Service Providers) Regulations, 2011 - M16– 215

• Merchant Shipping (Fees) Regulations, 2011 - M16 – 233

• Merchant Shipping (Port State Control) Regulations, 2011 - M16 – 253

• Merchant Shipping (Licensing of Vessels) Regulations, 2012 - M16 – 275

THANK YOU!

MTCC-Africa Consortium Members

Jomo Kenyatta University of

Agriculture and Technology (JKUAT)

Host Institution

Kenya Maritime Authority (KMA)

Kenya Ports Authority (KPA)

ratification and domestication of maritime...

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