The 4 Pillars of Maritime Law: SOLAS, STCW, MLC, and MARPOL Explained

Global shipping is regulated by over 150 conventions and agreements between states. The IMO is the primary regulator of international shipping, and the International Labour Organization (ILO) oversees the welfare of seafarers. In addition, the Organisation for Economic Cooperation and Development and World Trade Organization oversee economic competitiveness in shipping.

Underpinning international shipping is the United Nations Convention on the Law of the Sea Convention(LOSC or UNCLOS). The LOSC is not an organization, nor is it formally administered by the UN General Assembly. However, the convention is a key regulatory instrument that informs the operations of the IMO. The LOSC regulates marine transportation in two ways: First, the convention enshrines a number of overarching shipping principles. Among these primary principles are the rights of innocent passage and transit passage; immunity of warships; freedom of the high seas and use of the high seas for peaceful purposes; rights of all states to participate in shipping; prohibitions on carrying slaves; the necessity of combating piracy; and the right of all states to fish.

Second, the LOSC provides the administrative framework for shipping. Within this framework lie the rights and duties of coastal and flag states by LOSC jurisdiction, as well as the rights of states to determine the conditions for granting their nationality to ships and standards for manning and training crews. The requirement that all flag states ensure that vessels flying their flag meet international shipping regulations also falls within this framework.

Despite the importance of the LOSC, shipping is primarily regulated by the IMO and the ILO. The United Nations established the International Maritime Organization (IMO) in 1958. Headquartered in London, England, the IMO is composed of a 169-member assembly (consisting of states and three associate members), responsible for establishing the rules of international shipping. These rules address maritime safety, security, and prevention of marine pollution from ships.

The IMO’s authority only applies to international shipping. Member states are expected to implement and enforce the forty IMO conventions, protocols, and codes and recommendations, which now exceed 800 in number.

The International Labour Organization (ILO) is responsible for establishing and overseeing international labor standards. Established in 1919 as part of the Treaty of Versailles (the accord that officially ended the First World War), the ILO works to improve working conditions and worker safety and to ensure equal pay for equal work between states. The ILO was established under the premise that labor peace is fundamental to national prosperity. A key responsibility of the ILO is to oversee labor standards of the world’s 1.4 million seafarers and fifteen million fishers of various nationalities who crew ships that are often owned and flagged in different states. This is required because national labor codes may fail to protect seafarers and, in an effort to maximize profitability, some ship owners compromise worker safety and recruit low-wage crews.

Four conventions are frequently referred to as the “pillars” of maritime shipping law and are as follows:

The International Convention for the Safety of Life at Sea (SOLAS 1974) entered into force in 1980 and has been amended twenty-nine times. The convention’s origin was a 1914 conference convened after the Titanic struck an iceberg and sank, leaving 1,503 casualties. SOLAS sets safety standards that apply to all ship construction and equipment. Broadly, the convention sets standards for fire protection, lifesaving devices, radio communications, navigation, and the carriage of cargos. The convention can be retroactive and may require modifications to existing ships to conform with new regulations. The SOLAS conventions are managed by the IMO.

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) entered into force in 1984 and was amended in 1995 and 2010. The convention responded to many state-specific regulations on training and certification that caused problems when ships transited foreign waters or put into foreign ports. The STCW establishes the basic requirements and standards for masters (captains), officers, and watch personnel on merchant ships.

The STCW does not apply to ships less than 200 GT or ships operating only in internal waters. The convention does apply to ships registered in non-party states when they visit port states that have ratified the convention.

The Maritime Labour Convention (MLC) entered into force in 2013 and consolidates more than sixty-eight maritime labor standards adopted over eighty years. The purpose of the convention, also called the “seafarer’s bill of rights” ’ is to establish working conditions for seafarers and ensure fair competition for ship owners. The MLC applies to all public and private ships engaged in commercial activities except fishing vessels, traditional vessels (e.g., dhows and junks), and vessels used solely within a state’s internal waters. Like other international legal instruments, the MLC does not apply directly to seafarers or ship owners/ operators. Instead, it requires state parties to the convention to pass domestic legislation or enact regulations consistent with the convention. As such, the MLC provides considerable flexibility to states to develop new or use existing standards that are equivalent to the requirements in the convention.

The International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) is the culmination of a series of conventions since 1921 and is now the primary convention that governs the protection of the marine environment from shipping. The convention addresses both the operational and accidental causes of pollution in solid, liquid, and airborne forms. The pollutants covered by the convention include oil, chemicals, harmful substances in packaged form, sewage, and garbage. The convention, often referred to as “MARPOL 73/78,” is a combination of the 1973 and 1978 treaties and a 1997 protocol.

MARPOL 73/78 has no direct enforcement provisions, but it does permit any flag state or party to the convention to enforce its provisions. Under both the convention and the LOSC, the primary responsibility for enforcing the convention rests with the flag state. Generally, the flag state’s duties are to issue international certificates (e.g., International Oil Pollution Prevention Certificate) and to carry out periodic inspections of vessels to ensure that they comply with international laws. Coastal and port states have no direct obligation under the LOSC and MARPOL 73/78 to enforce the environmental protection aspects of the conventions. Yet, many coastal and port states are active in ensuring compliance and enforcement of international and domestic laws. Furthermore, port states maintain the right to inspect and detain vessels that either fail to produce valid international certificates or are believed to be in contravention of MARPOL 73/78 and the LOSC.

The convention also enables the concept of “special areas” where more stringent regulations are applied for oil discharges, sewage, garbage, and emissions. Currently, there are twenty-two special areas under MARPOL.