Maritime law is a body of laws, conventions and treaties that governs international private business or other matters involving ships, shipping or crimes occurring on open water. Laws between nations governing such things as national versus international waters are considered public international law and are known as the Law of the Seas. 

In most developed nations, maritime law is governed by a separate code and is a separate jurisdiction from national laws. The United Nations, through the International Maritime Organization (IMO), has issued numerous conventions that can be enforced by the navies and coast guards of countries that have signed the treaty outlining these rules. Maritime law governs many of the insurance claims relating to ships and cargo, civil matters between shipowners, seamen and passengers, and piracy.

IMO Conventions

-The IMO was created in 1958 and is responsible for ensuring that existing international maritime conventions are kept up to date as well as develop new conventions as and when the need arises. Today, there are dozens of conventions regulating all aspects of maritime commerce and transport.

The IMO identifies three of these as its key conventions. They are:

The International Convention for the Safety of Life at Sea

The International Convention for the Prevention of Pollution from Ships

The International Convention on Standards of Training, Certification and Watch-keeping for Seafarers

Enforcement

The governments of the of IMO’s 171 member States are responsible for the enforcement of IMO conventions for ships of their nationality. Local governments enforce the provisions of IMO conventions as far as their own ships are concerned and set the penalties for infringements. In some cases, ships must carry certificates on board the ship to show that they have been inspected and have met the required standards.

Nationality of ships

A ship’s nationality is determined by the country where it is registered. Most ships are registered in the national registry of the country where their owners reside or operate their business. However, often for reasons of tax planning or to take advantage of more lenient local rules, some owners will register ships in countries that allow foreign ships to be registered. These registries are called “flags of convenience.” Two common examples of flags of convenience are Panama and Bermuda.

UNCLOS 

UNCLOS is United Nations Convention for the Law of the Sea. The convention is also sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty. UNCLOS, as a law of the sea came into operation and became effective from 16th November 1982.

However, the first time such a proposal was announced before the United Nations was in the year 1973. 

Over the course of nine years, with representations from over 160 countries coming forward, UNCLOS came into existence. The background of UNCLOS covers can be explained in detail as follows:

Starting with United States in the 1945, many countries across the world brought under their jurisdiction, the natural resources found in their oceans’ continental shelf. Some of the countries that exercised this power were Argentina, Canada, Indonesia, Chile, Peru, Ecuador and even countries like Saudi Arabia, Egypt, Ethiopia and Venezuela.

Source: telanganatoday


Fuel oil blends produced to meet the IMO 2020 sulphur limit, referred to as very low sulphur fuel oil (VLSFO), have had a lot of bad press. Most of it has been based on alarmist predictions about the quality and other characteristics of these fuels, which have later proven to be unjustified or only partially accurate.

Earlier this year, IBIA addressed claims that the shift from high sulphur fuel oil (HSFO) with up to 3.50% sulphur to VLSO blends meeting the new 0.50% sulphur limit for marine fuels would increase black carbon (BC) emissions. The claims, which proliferated in the press and on social media, were based on a study submitted to the IMO indicating that the new VLSFO blends could potentially be highly aromatic, and therefore increase black carbon (BC) emissions.

IBIA and others explained to an IMO meeting (PPR 7) in February 2020 that the fuel specimens used in the BC measurement study were not representative of most VLSFOs that were actually in the market. IBIA made a statement at PPR 7, and interventions by ISO and IMarEST are on record in an annex to the IMO’s report from PPR 7. VLSFOs delivered to ships have so far generally been more paraffinic and less aromatic than the HSFOs they have replaced.

Now, a new theory has been circulated in the press based on an article published on LinkedIn by Francisco Malta of VM Industrials, a distributor for additive maker Aderco. The article, originally* published with the headline “Why new VLSFO 0.5% Sulphur fuels emit higher Black Carbon Emissions” claimed that it isn’t a high aromatics content, but rather paraffinic hydrocarbons in VLSFO that are to blame for BC emissions.

IBIA finds claims made in the article questionable. Without getting into too much detail, let’s explain some of the issues.

First of all, the article gave the impression that the introduction of VLSFO has led to an increase in black carbon (BC) emissions.* However, the article did not present or reference any independently validated data from actual measurements of actual VLSFOs in use so far to support this observation.

It is important to note that the discussion at IMO in February was about a theoretical increase in BC emissions based on the BC measurement study, not an actual observed increase since ships began to use VLSFOs. The BC measurement study, which had been submitted to the IMO in November 2019, showed that an increase in aromatic content was associated with increased BC emissions. This was well understood by industry, which welcomed the study as an important contribution to build better knowledge about factors contributing to BC emissions. It was the assumption that VLSFOs would be more aromatic than the HSFOs they were replacing that was disputed.

Understanding all the factors behind black carbon emissions is a complex science and many people struggle to get a good understanding of it, including experts on chemistry and combustion processes. Formation of BC depends on multiple and variable factors and how they interact, including the engine type, engine load, engine condition, the makeup of the fuel and the pre-conditioning of the fuel prior to injection.

While the article claimed that an it was an increased level of paraffinic hydrocarbons in VLSFO that were causing an increase in BC emissions, we should not forget that a large portion of marine distillates are mainly paraffinic in nature. Yet there have not been any reports of an increase in BC emissions in emission control areas (ECAs), where most ships have been using marine gasoil to meet the 0.10% sulphur limit since 2015. We do note, however, that even clear and bright distillates can cause very visible black smoke when the engine is not in an optimum condition/and or setting.

The article stated that the asphaltenes in HFO 3.5% S “drop from suspension and end up as sludge in tanks” hence “they rarely ever make their way to combustion” whereas in the new VLSFO scenario, they “do make their way to the combustion chamber.” This isn’t what we have seen in practice. Conventional high sulphur fuel oils (HSFOs) are typically less prone to forming asphaltenic sludge prior to combustion than we have seen with VLSFOs so far. HSFO is typically more aromatic than VLSFO, and this helps keep the asphaltenes in suspension and stable. Hence, there would be more asphaltenes reaching the combustion chamber when using HSFO than VLSFOs. Also, VLSFOs typically contain less asphaltenes than HSFOs so it seems counterintuitive to suggest that more asphaltenes reach the combustion chamber when using VLSFO compared to HSFO.

Simply put, black carbon, or soot, is a result of incomplete combustion. From what we have heard, fuels with higher paraffinic content are associated with improved combustion compared to highly aromatic fuels. So far, we have not heard about VLSFOs being particularly prone to poor and/or incomplete combustion compared to HSFOs (which are typically more aromatic). Hence the claims in the article appear to run counter to real world experience.

We learnt from the discussions about VLSFO and BC emissions prior to the IMO meeting in February that misunderstandings can take hold when theories are taken as evidence of fact, when the reality may be quite different.

IBIA believes it is important to have proper data and empirical evidence to back up theories. When pointing to a certain fuel characteristic as the cause of an increase in BC emissions, it needs to be backed by independently validated data and specifics on the measurement methodology used to define black carbon.

VLSFO is currently the most widely adopted solution to meeting the 0.50% sulphur limit and for the most part it has performed better than predicted in the run-up to IMO 2020. As such, VLSFO blends have confounded much of the bad press. As VLSFOs are still quite new, we are still learning. We should, however, ensure that any conclusions drawn about the performance and environmental impact of VLSFOs are based on solid evidence.

Source: ibia


ClassNK reports that it has joined the Maritime Transportation System Information Sharing and Analysis Center (MTS-ISAC), a US-based non-profit formed in February 2020 to promote cybersecurity information sharing throughout the maritime community.

The MTS-ISAC has already produced a number of maritime cybersecurity advisories sourced from member shared information, aiming to share members’ best practices so that critical infrastructure stakeholders can be better protected. ClassNK is the group’s first non-US member, though it expects to add further additional international stakeholders to the community in the future.

The partnership provides ClassNK with additional community-sourced cyber threat intelligence to reinforce its own Cyber Security Guidelines, something the class society has been keen to do in advance of the IMO’s January 1, 2021, deadline for Maritime Cyber Risk Management to be addressed in Safety Management Systems.

In addition, the US Coast Guard will begin inspecting facilities regulated under the Maritime Transportation Security Act of 2002 for cyber risk management efforts for the first time next year, starting with annual inspections occurring on or after October 1, 2021.

“We are excited that ClassNK is bringing a proactive, classification society perspective into the MTS-ISAC community,” said Scott Dickerson, the MTS-ISAC’s Executive Director.

“The MTS community’s resiliency is improved when we can quickly address cyber risks with meaningful cybersecurity controls. ClassNK joining the MTS-ISAC is a perfect example of how community partnerships provide win-win situations while reinforcing to stakeholders how the implementation of guidelines and recommended security controls can reduce their exposure to risks the community is actively seeing.”

“The MTS-ISAC’s Board of Directors understands the importance of cyber risk prevention efforts and are supportive of the inclusion of class societies into our information sharing ecosystem as a key component to building a stronger culture of community cybersecurity.”

Source: smartmaritimenetwork


Ransomware attackers who hacked leading Australian maritime logistics business Toll Group’s corporate server files in May 2020 have published stolen data on the Dark Web, the company has revealed. The hackers used Nefilim ransomware to steal sensistive dat  including Toll employee names, home addresses, age, birthdates, and payroll details including salary, superannuation, and tax file numbers.

While it’s not illegal to visit the Dark Web, it provides access to illegal activities. Web sites that exist on the Dark Web are encrypted most commonly through the Tor encryption tool and most Dark Web users access those sites using the Tor browser.

The Dark Web allows users to remain anonymous through encryption. This is attractive to anyone involved in illegal activity, such as child pornography, sex trafficking, illicit drugs, or counterfeit goods. The hackers who scolded Toll did so easily because of  its lack of security measures. “Toll Group failed to secure their network even after the first attack (in January),” read the post, screen grabbed by Data Breach Today. “We have more than 200 GB of archives of their private data.”

Toll have refused ransom demands by the unknown hackers so far. 

The first attack, which took place in January and has since been attributed to a Russian criminal group, a Toll spokesperson has said there has been a second unrelated attack. The second security breach, which took place in May was in concert with a spate of attacks on other industries in Australia. Australia’s trade and diplomatic relationships with China have worsened over issues regarding the COVID-19 pandemic and as yet unattributed cyber attacks on Australian institutions and businesses.

A recent joint cyber security survey by the international maritime  association BIMCO found the “attack surface” or human element to be a major factor in maritime shipping  industry breaches. 

The survey noted that training in the maritime industry was important to prevent seafarers and dockers opening emails containing malware or inserting infected USB sticks into company computers.

Maritime organisations would stop doing business with a third-party supplier due to a lack of cyber-security protections, according to an industry survey.

More than three-quarters (77%) of respondents to the 2020 Safety at Sea and BIMCO Maritime Cyber Security survey said they would cancel a contract with a third-party supplier over concerns with their cyber-security practices, or if it was found to be the cause of a cyber incident in the respondent’s own organisation. Furthermore, 26% admitted they had previously recommended not doing business with a third-party supplier due to concerns over poor cyber security practices. The survey found 68% reported phishing incidents where email attachments or web links led to breaches. Contractors or third parties were also a liability.

What is susceptible to attack at sea is navigation control and propulsion, automatic identification system (AIS), electronic chart display and information system (ECDIS), or radar. In ports, ships’ cargo handling or container tracking could be compromised.

The International Maritime Organisation has given ship-owners and managers until January 2021 to incorporate cyber risk management into their respective ship management systems.

Toll said it had further strengthened its systems and operations across its global network have resumed as normal.
While maritime companies are expanding their assessments into cyber security weaknesses across their supply chain, many of their measures remain firmly focused on reducing human error.

“Cyber-security training is seen by many as a first line of defence, especially against the most common types of cyber incidents,” said Jakob P. Larsen, Head of Security at BIMCO. “Eighty-eight percent of respondents indicated that their company offers some sort of cyber training, either internally provided (58%) or externally provided (30%).

BIMCO


ABSG Consulting Inc. (ABS Consulting), a subsidiary of ABS focused on safety and risk management, and American Steamship Owners Mutual Protection and Indemnity Association, Inc. (the American Club) have joined forces to provide education, training and insurance guidance that address maritime cyber security.

As digital transformation in the maritime industry brings both opportunities and new challenges, owners and operators are relying more on smart technologies and operational data to drive decisions and run their businesses. Comprehensive cyber security programs are not only necessary to protect operations but are also critical to protect the overall safety of crew and the environment. More frequent cyber attacks, increased digitalization and emerging global regulatory focus are adding to immediate demands to address and reduce cyber risk across the industry’s value chain. Cyber security has become a business imperative and new measures will have an impact on how maritime vessels and facilities will be covered by insurers.

Dr. William Moore, Director of Loss and Prevention at the American P&I Club, says:

“The safety and security of our members is a priority. Having a better understanding of the tools available, the programs that can be implemented and the integration of these in the marine industry will help us provide better services to shipowners and charterers globally. The work we are going to do with ABS Consulting is going to help us identify how to enhance our policies, and the offerings we need to incorporate to improve the coverage and services we offer to our members.”

Ian Bramson, Global Head of Cyber Security of ABS Group, says:

“Collaborating with the American Club to build education programs for their members and industry will give us a better understanding of the real challenges we are collectively facing. This alliance enables us to develop the tools, training and services that support compliance and help ship owners and operators put protections in place to secure their vessels – from the design and construction phases through continuous operation over their service life.”

Source: seawanderer


ABS Consulting and American P&I Club have joined forces to provide education, training and insurance guidance to address maritime cyber security.

A teaming with the consulting subsidiary of classification society ABS will help American Club “identify how to enhance our policies, and the offerings we need to incorporate to improve the coverage and services we offer to our members,” said Dr William Moore, director of the club’s Loss Prevention.

“Collaborating with the American Club to build education programs for their members and industry will give us a better understanding of the real challenges we are collectively facing,” commented Ian Bramson, global head of Cyber Security at ABS Group.

“This alliance enables us to develop the tools, training and services that support compliance and help ship owners and operators put protections in place to secure their vessels – from the design and construction phases through continuous operation over their service life,” he added.

Source: seatrade-maritime


ClassNK has joined the Maritime Transportation System Information Sharing and Analysis Center (MTS-ISAC). Set up in February this year, MTS-ISAC promotes and facilitates maritime cybersecurity information sharing, awareness, training and collaboration efforts between private and public sector stakeholders.

ClassNK is the first classification society and the first non-U.S. organization to formally join MTS-ISAC, helping broaden the reach of MTS-ISAC’s efforts to support the maritime community.

The partnership provides ClassNK with actionable insights from community-sourced cyber threat intelligence to reinforce ClassNK’s Cyber Security Guidelines to help prevent cyber incidents from negatively impacting the safety and security of maritime operations.

Both vessel and shoreside cybersecurity efforts will be under increasing scrutiny starting in 2021. IMO has set a January 21, 2021, deadline for Maritime Cyber Risk Management to be addressed in ships’ Safety Management Systems. Meanwhile, the U.S. Coast Guard will be inspecting Maritime Transportation Security Act of 2002 regulated facilities for cyber risk management efforts for the first time starting with annual inspections occurring on or after October 1, 2021.

“We have been working with the International Association of Classification Societies (IACS), maritime stakeholders and cyber security professionals to understand and promote cybersecurity best practices across the maritime transportation system (MTS),” says Hirofumi Takano, Executive Vice President at ClassNK. “By joining the MTS-ISAC, we will have increased visibility to current, real-world examples of cyber threats targeting MTS stakeholders. This provides us an opportunity to reinforce how, and periodically update, ClassNK’s Cyber Security standards to provide our stakeholders with the latest security recommendations to protect their assets from cyber threats. With IMO 2021 right around the corner, this relationship is perfectly timed to add increasing value to our stakeholders, and we are excited to be a part of the active and growing MTS-ISAC community. We hope ClassNK stakeholders will quickly understand the value of this partnership.”

“We are excited that ClassNK is bringing a proactive, classification society perspective into the MTS-ISAC community,” says Scott Dickerson, MTS-ISAC’s Executive Director. “The MTS community’s resiliency is improved when we can quickly address cyber risks with meaningful cybersecurity controls. ClassNK joining the MTS-ISAC is a perfect example of how community partnerships provide win-win situations while reinforcing to stakeholders how the implementation of guidelines and recommended security controls can reduce their exposure to risks the community is actively seeing.”

Source: marinelog


Growing marine industry digitalization brings with it increasing exposure to cyber risk. In response, ABS Consulting, an ABS Group subsidiary focused on safety and risk management, has joined forces with the American P&I Club to provide education, training and insurance guidance on maritime cybersecurity.

More frequent cyber attacks, increased digitalization and emerging global regulatory focus are adding to immediate demands to address and reduce cyber risk across the industry’s value chain. Cybersecurity has become a business imperative and new measures will have an impact on how maritime vessels and facilities will be covered by insurers.

“The safety and security of our members is a priority. Having a better understanding of the tools available, the programs that can be implemented and the integration of these in the marine industry will help us provide better services to shipowners and charterers globally,” says Dr. William Moore, Global Loss Prevention Director at the American Club. “The work we are going to do with ABS Consulting is going to help us identify how to enhance our policies, and the offerings we need to incorporate to improve the coverage and services we offer to our members.”

“Collaborating with the American Club to build education programs for their members and industry will give us a better understanding of the real challenges we are collectively facing,” says Ian Bramson, Global Head of Cyber Security of ABS Group. “This alliance enables us to develop the tools, training and services that support compliance and help ship owners and operators put protections in place to secure their vessels – from the design and construction phases through continuous operation over their service life.”

Source: marinelog


A new interactive infographic summarises the key considerations owners and operators should make when building a cyber security plan.

The Shipowners’ Club infographic is based on the IMO’s recommendation of a cyber security risk management framework based in five functional elements: Identify, Protect, Detect, Respond and Recover.

‘Identify’ – which systems are vulnerable to attacks, which systems are vital to operations and who is responsible for them.

‘Protect’ – the plan should define measures to prevent attacks from taking place.

‘Detect’ – if an attack does happen, recognising it can mitigate damage

Respond – plan a clear means of getting back up and running as quickly as possible using a second system.

Recover – get the primary system back running and analyse the cause.

Neptune Cyber tool

Neptune Cyber has also launched a new online tool to ensure marine operators stay ahead of new cyber risk regulations that come into force in January 2021.

The ‘MV Neptune Cyber’ ship allows visitors to go on a virtual exploration of a vessel and understand potential cyber risks.

In June 2017, the IMO laid out its ‘Guidelines on Maritime Cyber Risk Management’. Shipowners and managers now have until 1 January 2021 to build cyber risk management into their ship safety initiatives – or risk having their ships detained.

Gwilym Lewis, CEO of Neptune Cyber, said: “Our quick-start guide includes clear action steps to help you prepare for the new IMO regulations. Depending on the complexity of your vessel more steps may be needed to adequately protect against cyber attacks.”

By Rebecca Jeffrey


The German TUI Group announced that it completed the sale of its subsidiary Hapag-Lloyd Cruises to TUI Cruises, an joint venture company that TUI operates with the Royal Caribbean Group.

The transaction was announced in February 2020, prior to the coronavirus sidelining the cruise industry. At the time, the transaction, which valued the company at 1.2 billion euros, was reported to be part of TUI Group’s strategy to deliver additional profitable growth at a lower level of capital intensity. The integration of Hapag-Lloyd Cruises into the joint venture was reportedly designed to allow TUI to participate in the global cruise industry’s growth at a low level of capital expenditure.

One of the most historic names in cruising, Hapag traces its roots to the 1800s and the immigrant trade. In 1891, the company operated its first luxury cruises, but after World War II the cargo operations were rebuilt before returning to passenger operations in the 1970s. TUI AG entered the tourism market in 1997 with the acquisition of Hapag-Lloyd, which at the time was separated from the cargo shipping operations.

Hapag-Lloyd Cruises had recently begun ongoing efforts to upgrade and expand its cruise operations with the introduction of two new luxury cruise ships for the expedition cruise market and an order for a third expedition cruise ship scheduled for delivery in 2021. In addition, the company operates two luxury cruise ships, the Europa and Europa 2, and recently began to expand marketing beyond German-speaking travelers into the international markets.

TUI reported that the transfer of the individual Hapag-Lloyd Cruises vessels to the joint venture will be completed in the coming days. During the global cruise suspension, the ships have been laid up in Hamburg, Germany.

TUI and Royal Caribbean had launched the joint venture TUI Cruises in 2008 targeted at the German-speaking traveler. Recently, the company has been expanding its fleet currently with seven large cruise ships, known as Mein Schiff, and has three additional new builds on order for 2023, 2024 and 2026.

TUI Group said it will use the transaction proceeds to strengthen the group’s balance sheet and to drive its transformation into a digital organization. The company is evolving from a traditional tour operator model into a developer, investor and operator of hotels and cruise ships, as well as destination activity provider. TUI announced its digital business model with operations in hotels, resorts and cruises that is less asset and capital intensive.
Source: maritime-executive


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