1 2008 MARITIME LAW Teaching Material Sponsored by Justice and Legal System Reseacrh Institute HAILEGABRIEL GEDECHO FEYISSA 2009 
2 postpone OF CONTENTS INTRODUCTION INTRODUCTION TO MARITIME LAW Definition, Scope, and Characteristics of Historical Development of Ethiopia s Maritime Legislations : a attend at their continue Relevance NATIONALITY, REGISTRATION AND OWNERSHIP OF SHIPS UNDER ETHIOPIAN LAW Ownership and Nationality of Ships Registration of Vessel and Rights in rem relating Thereto Rights in rem relate to the Ship and their enforcement Maritime Liens and Mortgages Enforcement of Maritime Liens and Ship Mortgages LABOUR AND OTHER RELATIONS OF THE SHIPOWNER Maritime Labour Law The Captain/Master and the Shipowner Shipowner sulfur Limitation of Liability THE LAW ON CARRIAGE OF GOODS BY SEA Charterparties Carriage of Goods by Sea under Bills of Lading The ethiopian Law on Multimodal Transport MARINE INSURANCE AND OTHER MARITIME MATTERS Marine Insurance Maritime Collisions, Salvage and General Average Maritime Collisions Salvage
3 general Average SELECTED BIBLIOGRAPHIES 
4 INTRODUCTION Maritime jurisprudence is a clear-cut body of law that governs individual ship activities. It covers about the whole of advanced embark police, including possession and adjustment of ships, maritime mortgage and maritime liens, nautical use, shipowner south limitation of liability, carriage of goods by sea ( including passenger car of goods by multimodal conveyance system ), marine indemnity, general modal, collision and salvage. These, of course, would be studied in light of ethiopian nautical legislations. apart from the 1960 Maritime Code of Ethiopia, recently enacted relevant legislations will be considered. Included are the Multimodal Transport of Goods Proclamation and the Maritime Affairs Administration Proclamation. Wherever appropriate, international nautical conventions would besides be considered. The course is organized into five chapters. chapter One the introductory chapter deals with, among other things, the continue importance of ethiopian maritime legislations. In the moment chapter nationality, adjustment and ownership of ships under ethiopian laws are share together with the rights in rem in the ship. Maritime labor law and shipowner sulfur limitation of liability are studied in chapter three. In the fourth chapter Ethiopian laws on carriage of goods by both unimodal ( ocean ) and multimodal transport are treated. chapter Five deals with marine policy and relate matters i.e., salvage, general average and marine collisions. Upon the completion of this course, students are expected to : appreciate the relevance of maritime legislation for land-locked transportation countries like Ethiopia, understand the nature and setting of maritime law comprehend contractual a well as non-contractual principles involved in nautical jurisprudence develop skills needed to solve problems involving nautical matters, recognize the cosmopolitan aspects of laws on external ship, Page1 
5 sleep together late developments in the area of maritime commerce and, in turn, in nautical jurisprudence. develop the necessitate competence in making out rules and their exceptions for the diverse nautical problems, etc. Page2 
6 CHAPTER ONE INTRODUTION TO MARITIME LAW This chapter deals with ( 1 ) the diachronic exploitation of maritime jurisprudence, ( 2 ) the definition, scope, and nature of maritime jurisprudence, and ( 3 ) the cover importance of Ethiopia randomness maritime legislations. At the end of the unit of measurement, students should be able to : identify the historical importance of nautical law specify nautical law and understand its nature explain the meaning of studying Ethiopia randomness nautical laws 1.1 DEFINITION, SCOPE, AND CHARACTERISTICS OF MARITIME LAW Glimore and Black, in their the Law of Admirality, specify nautical law as aacorpus of rules, concepts and legal practices governing certain centrally important concerns of the business of carrying goods and passangers by water. On the other hand, William Tetley s Glossary of Maritime Terms describes maritime law as a complete system of law, both populace and individual, substantial and adjective, national and international. The celebrated legal dictionary Black south Law Dictionary, in its share, defines maritime law as the body of law governing marine commerce and navigation, the baby buggy at of persons and property, and nautical affairs in general ; the rules governing narrow, tort and workers compernsation claims or relating to commerce on or over water. The definitions given above, though comprehensive, are not necessarily inclusive of all matters dealt under this specific area of law. While Tetley s definition emphasise how broad nautical law can be, the two other definitions concentrate on the central aspects of the law. A rather simple but broad definition of mritime law would be : the branch of jurisprudence that governs ships and transport. As the law of ships, it regulates the nationality, possession and registration of vessels. As the police of transportation, it governs the kinship between private entities which operate vessels on the oceans. In early words, it governs maritime questions such as ocean carriage, contract of affreightment, marine policy, maritime spleen and the like. It is distinguished from another etymologically identical area of jurisprudence the law of the sea. The law of the ocean is a Page1 
7 arm of public international law which aims to regulate the kinship between states in respect of those areas of the sea and seabed subject to coastal state jurisdiction and beyond. Whereas, maritime law/admiralty jurisprudence is a consistency of private law that govern the legal relationships arising from the department of transportation of passengers and cargoes on the high seas and other navigable waters. The star parties affected by nautical law are the crew, the shipowner, the cargo owner, the charterer and the nautical insurance company. Generally, nautical law could be understood as a body of domestic jurisprudence governing the relationships between parties engaged in nautical department of commerce. In most jurisdictions, maritime law applies to seawater only. Shipping activities in interior waterways are normally governed by a separate located of rules. There are, however, some countries that extend the telescope of their nautical police to shipping activities in interior water bodies. In scandinavian countries, for case, maritime jurisprudence applies to shipping activities in all water bodies, including lakes, rivers, and canals. The setting of application of our Maritime Code is, like in most of the transportation nations, limited to shipping activities on seawaters entirely. These could be inferred from the general model of the Code, peculiarly the foreword. In the Preface to the 1960 Maritime Code of Ethiopia, it is stated that the codification of the Code was felt imperative with the return of Ethiopia s ancient ocean coast on the Red Sea and the subsequent expansion of Ethiopia south maritime exponent. The definition given to ships is besides of some assistant in determining the scope of our Maritime Code. For the purpose of this Code, provides Art. 1, a ship is any seagoing vessel This definition is not inclusive of any other vessel used as a mean of transportation in any early water body. frankincense, our Maritime Code is not the apposite legislation that governs shipping activities of nonseagoing vessels. legislative provisions, other than that of the Maritime Code, are besides indicative of this fact. For model, Art.563 of the Commercial Code excludes carriage of goods/persons in inland waterways from the scope of carriage by sea, which is the concern of the Maritime Code ( See Art.565 of Com.Code ). From the foregoing discussion it is clean that nautical law is a domestic secret police that, in most cases, aims to regulate transport activities on seas. Though each Page2 
8 nation south maritime legislations have their own distinct features, the follow remarks could be made on maritime laws in general : 1. International Nature Although regulated to a boastfully extent by national legislation, nautical law in about all jurisdictions is clearly shaped by international influences, in particular international conventions. This is due to the fact that ship by its very nature involves international relations. The ocean-going vessels flying the flag of a state function in all waters throughout the world and voyage from nation to country. Vessels much are supplied and repaired in extraneous ports. Cargo may be damaged or lost while at sea in the course of an external voyage or in a extraneous interface, and similarly seamen may be injured on the gamey seas or in the waters of foreign countries. such background facilitated the development of common external use and practice since antiquity. The common universal use and practices were subsequently adopted by national laws. Maritime law is thus a specialized domestic jurisprudence that can not avoid international influences. This may in character be the reason why judges and lawyers who deal with nautical law consider themselves as specialists with an external setting. 2. Comprehensiveness The second crucial characteristic of nautical police is its width. Maritime law is a complete legal system, just as the civil jurisprudence and the coarse law are complete legal systems. Maritime police, by the way, is much older than the common law and probably contemporaneous with the advent of the civil law. That nautical law is a complete legal system can be promptly seen from its component parts. As noted by William Tetley, nautical law has had its own law of sign — of sale ( of ships ), of service ( tow ), of lease ( chartering ), of carriage ( of goods by sea ), of insurance ( marine policy being the precursor of indemnity ashore ), of agency ( transport chandlers ), of pledge ( bottomry and respondentia ), of lease ( of masters and seamen ), of recompense for nausea and personal wound ( maintenance and cure ) and gamble distribution ( general average ). It is and has been a national and an international law ( probably the first private external law ). It besides has had its own public law and populace external law. Maritime police has and has had, vitamin a well, its own courts and procedures from earliest times. Page3 
9 As will be seen in due time, nautical law seeks to regulate personal and property relationships american samoa well as contractual and tortious relationships. The breadth of the jurisprudence can besides be seen in its administrative and few criminal provisions. In short, nautical police is a comprehensive system of law concerning maritime matters both public and private, with the later forming the major region. 3. special Legal Jargons The sketch of maritime law normally employs the use of complex jargons which, in most cases, are alien to other areas of law. Understanding the subject matter without first knowing such transport terms may often be unmanageable. The presence of different jargons peculiar to this sphere of law may well be attributable to its unique development. early nautical law the footing of modern nautical law is distinguishable from the development of other areas of law. Though first developed in continental Europe, the law relating to transport was, in lineage, based on customs only- customs and custom of the ocean. ( see the next incision for details ) Though the forthcoming discussions reveal many of these special jergons, we may tentatively note some of them here : charterparty, maritime lien, general average, and salvage. Charterparty : A charterparty is a contract of lease of a ship in solid or in separate for a farseeing or short period of time or for a particular ocean trip ( William Tetley s Glossary of Terms, 2nd Ed., 2004 ). nautical lien : A secure claim against a ship ( and sometimes against cargo or bunkers ) in respect of services provided to the vessel or damages done by it ( Glossary of Terms, 2nd Ed., 2004 ). cosmopolitan average : The monetary contribution required of shipowners and cargo owners ( or their respective insurers ) in regard of general average expenditures andgeneral average sacrifices. Cargo ‘s claim for general average contributions against the ship is secured by either a nautical lein or a statutory right in paradoxical sleep depending on the juriscdiction concerned ( Glossary of Terms, 2nd Ed., 2004 ). Page4 
10 salvage : Rendering aid to ships at distress. Rules awarding such aid have retentive been prescribed in versatile maritime nations. Review Questions 1 1. What is nautical law ? Are there different conceptions of maritime law ? 2. How do you explain the comprehensiveness of maritime law ? 3. What factors contributed to the development of singular legal jargons in nautical jurisprudence ? 4. Is Ethiopia south Maritime Code applicable to carriage of goods on Lake Tana ? Why ? 5. State the potential reasons for the being of external influence on domestic maritime laws. 1.2 HISTORICAL DEVELOPMENT OF MARITIME LAW Transportation of goods and passengers by urine is one of the most ancient channels of commerce on record. This mode of department of transportation was and still is essential for international trade since ships are capable of carrying bulky goods which differently would not be carried. Rules governing relationships among participants of sea-transport have besides been known since c.1 st millennium BC. Ancient nautical rules derived from the customs of the early Egyptians, Phoenicians and the Greeks who carried an extensive commerce in the Mediterranean Sea. The earliest nautical code is credited to the island of Rhodes which is said to have influenced Roman law. It is by and large accepted that the earliest nautical laws were the Rhodian Sea Laws, which have been claimed to date from 900 B.C., but which more likely appeared in the phase recognized nowadays during the time period from 500 to 300 B.C. These laws were recognized in the Mediterranean worldly concern as a method acting of providing predictable treatment of merchants and their vessels. The complexity and attention to detail found in the Rhodian Sea Laws demonstrated the sophism of department of commerce and trade of Ancient Greece a world of commerce, the center of which, Rhodes, was in a position to dictate terms for deal. Although the decline of Greece and the wax of the Roman Empire did alter the influence of the Rhodian Sea Law, a undifferentiated code based on the Rhodian Law Page5 
11 remained and was recognized as essential to peaceful and profitable Mediterranean barter : the Mediterranean Sea was for more than one thousand years [ 300 B.C. to 1200 A.D. ] only ruled by the Rhodian Law, although augmented with some additions by the Romans. frankincense, the Digest of Justinian, dated 533 A.D., states the following regarding any controversy get up in the Mediterranean Sea : “ This count must be decided by the nautical law of the Rhodians, provided that no law of ours is opposed to it. ” These laws which derived their essential elements from Rhodian customs were afterwards leveled up by Romans. There was a great enlargement of the lotion of the principles of the Roman law in the revival of commerce attendant upon the growth of the italian republics and the big free cities of the Rhine and the Baltic Sea. special tribunals were set up in the Mediterranean port towns to judge disputes arising among seafarers. This activity finally led to the commemorate of individual judgments and the codification of accustomed rules by which courts become bind. Three noted codes of nautical law whose principles were found in the Roman jurisprudence, were formulated in Europe during the three centuries between A.D and A.D One, Libre del Consolat de mutilate of Barcellona was adopted by the cities on the Mediterranean ; the second, the Laws of Oleron prevailed in France and England ; and the third base, Laws of Wisby governed the great release cities of the Hanseatic League on the Baltic. The oldest of these codes was Consolato del Mare, or regulation of the Sea, prepared at Barcelona. It was a compilation of comprehensive rules for all nautical subjects. It, for exemplar, deal with possession of vessels, the duties and responsibilities of the masters or captains thereof, duties of seamen and their wages, freight, salvage, jettison, average contribution, and the like. Libre del Consolat de mutilate of Barcellona and the Tablets of Amalfi, one prepared at the celebrated of italian seaports, enjoyed authority far beyond the ports where they were promulgated. In perfume, until the ascend of modern nations, nautical police did not derive its wedge from territorial sovereigns but represented what was already conceived to be the accustomed law of the sea. finally, as commerce from the Mediterranean moved northbound and westbound, sea codes developed in northerly european ports. Among the important medieval sea codes were the Laws of Wisby ( a Baltic port ), the Laws of Hansa Towns ( a Germanic league ), and the Laws of Oleron ( a french island ). The Consolato del Mare was inspirational in the planning of these late codes. In Page6 
12 particular, the Laws of Oleron, the moment capital code of nautical regulation, was inspired by the Consolato del Mare. These three codes are called the three arches upon which rests modern admiralty social organization. As could be understood from the discussion above, the earliest developments relating to maritime law occurred in areas belonging to what is now known as the Continental legal custom. These developments contributed to the early admiralty law of England the origin of the coarse law legal tradition and one of the major nautical states with rich tradition in shipping. The European admiralty doctrines were carried to the USA another important transport nation through the English organization of admiralty law, which initially was inspired by what have been termed the three arches of modern admiralty police the Laws of Wisby, the Laws of Hansa Towns, and the Laws of Oleron. Contemporary maritime law is a mix of ancient doctrines and newfangled at laws both national and international. Among the traditional principles of admiralty calm in use are marine indemnity, general average and salvage. The wellbeing of the seaman, the ancient concept of “ maintenance and bring around ” are besides still in use nowadays. The main reason for the continuous use of ancient principles of law is the unchanging nature of basic hazards of seafaring. Since at least the end of the 19 thursday century, however, naval architecture and cargo wield have changed in significant ways. The across-the-board use of crude vegetable oil carriers ampere well as carriers of liquefied natural gas has, for case, posed new hazards and questions of liability for oil befoulment and damage to the nautical ecology and the shorelines. As a result of this, modern nautical law consists of laws that are of historic origin and of late exploitation. note besides that not all of the original principles of maritime law distillery apply. The earliest know maritime laws were uniform. According to one historian, the great value of the rules which had been developed for nautical trade lie down in the fact that they had been “ found by drill to be suitable to the needs of a community which knows no home boundaries the international community of seafarers. ” This diachronic uniformity of early on nautical laws declined with the emergence of patriotism. however, maritime transactions have always been international in nature which most of the time involve individuals from different jurisdictions. International transportation is a complex business, and its activities are conducted in a manner that often implicates the interest of respective countries. The complex international aspect of the transaction, on the one hand, and the fact that nautical jurisprudence is national ( than international ), on the other, present different Page7
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13 problems. The dispute in domestic maritime legislations may, for model, make the consequence of the international transaction unpredictable to participants. furthermore, jurisdictional, choice-of-law, and forum not conveniens issues would be there. Making the rules of nautical law universally undifferentiated, once again understand, would alleviate most of the problems related to unpredictability and conflict of laws. This understand has led to the revival in the nineteenth hundred of the ancient tendency to make rules relating to maritime transaction undifferentiated globally. This attempt was first started at the fomentation of lawyers and commercial men such as those who founded the Comité Maritime International ( CMI ) and the home maritime law associations ; and continues to grow under the breastplate of the Intergovernmental Maritime Organization ( IMO ) and other United Nations affiliated organizations with the cooperation of experts in the private sector. Founded in 1897, the International Maritime Committee or CMI originate uniformity among national maritime legislations of member countries. Among the conventions drafted by CMI were the Hague Rules ( International Convention on Bill of Lading ), and the Visby Amendments ( amending the Hague Rules ), the Salvage Convention and many others. Since 1958, many of CMI south functions have been taken by the International Maritime Organization of the UNO. This arrangement has besides continued the move towards uniform maritime laws. many states adhered to this rules either by incorporation of the provisions in domestic laws or by implication of treaty obligations. frankincense, immediately, we can speak of the relative uniformity of national maritime laws of unlike ship states which may not be matched by the degree of uniformity attained in some other areas of police. The degree of harmonization therefore far attained is not, however, satisfactory in so far as some areas are concerned. For example, there hush exists differences in assessment of maritime claims. The history of nautical law in Ethiopia had not been acquit until the portrayal of the 1960 Maritime Code. Though Ethiopia s maritime history dates as far back as the times of Axum, a parallel development of the laws relating to maritime trade was absent. It is only since 1960 second that Ethiopia witnessed a development of a comprehensive nautical legislation coupled with the revival of shipping craft after the establishment of the ethiopian Shipping Lines SC ( ESLSC ). The 1960 Maritime Code is distillery the most important nibble of legislation in the area. Page8 
14 The legislative history of the code, along with its continue relevance, is foster share under 1.3. ( See below ). Review Questions 2 1. What is the oldest nautical code in record ? 2. What distinguishes the development of nautical law from other areas of police ? 3. What circumstances did lead to the decline of uniform maritime laws ? 4. Which codes of the medieval Europe are said to be the pillars of modern maritime jurisprudence ? 5. Why is uniformity sought among national maritime laws ? 6. Which nautical code of chivalric Europe was inspirational in the readiness of subsequent nautical codes of the same time period ? 7. Which codes are considered, in England, as the three arches of mod admiralty law ? 1.3. ETHIOPIA S MARITIME LEGISLATIONS : A LOOK AT THEIR CONTINUED RELEVANCE The relevance of maritime law to land-locked countries like Ethiopia has frequently been misconstrue. Some think the Maritime Code of 1960 is no more authoritative since Ethiopia became a country without ocean ports in the early 1990s. The myth underlying this misconception is that land-locked countries could not possibly engage in nautical transaction of any classify. A highlight on some core principles of the law of the sea a branch of public external law is all-important to understand that it is still legally possible for landlocked states to engage in ocean trade wind. The most dangerous restriction has been economic incapacity, not legal incapacity as such. As a matter of principle of external law, every state has freedom of the high seas ( a bundle of freedoms including exemption of seafaring, exemption of overflight, fish, scientific research and freedom to construct artificial islands, lay submarine cables, and pipelines ). obviously, these freedoms are not limited to coastal states. Land-locked states like ours are evenly entitled to these freedoms. The question is how could land-locked states, which are not in principle precluded from the enjoyment of rights pertaining to the consumption of ocean and Page9 
15 ocean resources, practically benefit from the universally recognized freedoms without access to outlets ? traditionally, states without access ( SWA ) have endeavored to obtain the correct of absolve access to the ocean in holy order to practically enjoy freedom of the high seas and most importantly to participate in international craft. With this aim, many multilateral and bilateral agreements have been signed guaranteeing the right of transit of SWA through adjacent territories. There are many documents of public and private international law which guarantee access rights to landlocked states. such documents include the United Nations Convention on the Law of the Sea ( UNICLOS III ), of 1982 ( entered into force in 1994 ). UNICLOS grants right of access of landlocked countries to and from the ocean and the freedom of transit. Article 3 of UNCLOS, for exemplar, provides as follows : article 3 1. In order to enjoy the exemption of the seas on peer terms with coastal States, States having no seashore should have free access to the sea. To this end States situated between the ocean and a State having no seashore shall by common agreement with the latter and in conformity with existing external conventions accord : ( a ) To the state of matter having no seashore, on a basis of reciprocality, unblock transportation system through their territory and ( b ) To ships flying the ease up of that department of state treatment equal to that accorded to their own ships, or to the ship of any other states, as regards access to seaports and the use of such ports. In addition, the 1965 United Nations Convention on the Transit Trade of Land- Locked Countries and the General Agreement on Tariffs and Trade ( in its Article V ) and african Maritime Transport Charter of 1993, to which Ethiopia is a party, recognize the right of free access to the sea for landlocked Member States with, however, the provision that they comply with the laws and regulations of the transit States. such international conventions have little consequence on those nations that would have to grant the rights sought, i.e., transportation system right. As a leave, the trouble of access to ocean has normally been solved through bilateral treaties between the individual nations concerned. incidentally, it is besides advisable for states without access to maintain polish relations with neighbors over whose district its goods must traverse. Page10 
16 angstrom far as sea access to ethiopian ships is concerned, Ethiopia has concluded Port Utilization Agreement with Djibouti and Sudan. Since road ecstasy plays a meaning role in the passage transport, Ethiopia has besides concluded Road Transport Agreements with the above-mentioned neighbor states. however, presently Ethiopia chiefly uses the Port of Djibouti. Agreement on Port Utilization and the Transit of Goods towards Ethiopia, signed in April 2002, and subsequently ratified by both Ethiopian and djiboutian parliaments, is based on the major United Nations conventions and the principles of detached ocean access ( and transit ) to the ocean for landlocked countries. The agreement covers the diverse aspects of transit transport : port introduction, customs, documentation, land tape drive, security along the corridor, facilities alimony, approval procedures for public and private operators of both states that use the corridor, etc. Djibouti International Autonomous Port ( PAID ) handles millions of tonnes per annum, well over 50 per penny on behalf of Ethiopia. Since Djibouti does not have a merchant evanesce, the PAID gives priority to berthing ships transporting goods to Ethiopia. Since 2000, the ethiopian customs has had an office within the port of Djibouti in order to carry out formalities for goods in theodolite to Ethiopia. In addition, more favorable terms, for length of storehouse and rates, are granted to Ethiopians for operations in the port of Djibouti. ethiopian Shipping Lines, the alone national iris carrier established in 1964, has had a monopoly of conveyance of goods coming from or going to Ethiopia. For goods in passage to Ethiopia ( an average of 100,000 containers each class ), over 70 per penny of handling is carried out by the Maritime Transit Services Enterprise ( MTSE ). As to the road ecstasy connecting Ethiopia south inland to the Port of Djibouti it is about all undertake by ethiopian operators. Some 100,000 vehicles use the corridor from the port of Djibouti to Ethiopia annually since Ethiopia randomness traffic moved from Eritrea to Djibouti in The major piece of Ethiopia s nautical legislation is the 1960 Maritime Code. With 371 articles, the code deals with many aspects of nautical affairs including contract of carriage under ( 1 ) charterparty and ( 2 ) bill of ladle, nautical labor law, nationality and registration of ships, limitation of liability, nautical insurance, general average, collisions, salvage and aid, and besides ship mortgage and maritime spleen. The material sources of the jurisprudence, according to Tsehai Wada, is less know. But, he remarks that the Code is well drawn from international Page11 
17 conventions of nautical importance. Another writer, however, is of the opinion that the code is inspired by Continental ( Civil Law ) sources. In his article the Civil Law and Common Law Influences on the Developing Law of Ethiopia, J. Vanderlinden incidentally mentions the follow : The Commercial and Maritime Codes were drafted by french Professors, Professor Escarra, and after his death, Professor Jauffret. They [ the codes ] are representative of the most late developments in french commercial legal thought. Despite divergent views, one can safely argue that the Maritime Code south provisions bear similarity, in many instances, with the provisions of the then outstanding conventions, including the Hague Rules on Bill of Lading of 1924, and hence, the by and by are the probably major material sources of the former. In kernel, the inaccessibility of a seaport though the most discernible disadvantage for inland countries has not completely dissuaded landlocked nations from taking to the sea. This is particularly the case with Ethiopia. Though landlocked, Ethiopia continues to own ships and engage in external maritime commerce. hence, it is not odd for land-locked states to legislate a body of law concerning ships flying their flag and transactions involving them. undeniably, however, there is some decline in importance of some of the provisions of our maritime legislation, peculiarly those provisions which assume the universe of sea interface. none the less, this area of jurisprudence has still a major function to play in the landlocked submit own merchant ships and handling 90 per cent of its importexport deal through sea tape drive. In the approaching chapter, pricnciples of maritime law relating to nationality, registration, and ownership of ships are studied. As could be noted from the discussions in this chapter, this aspect of nautical police is what makes nautical law the jurisprudence of ships. Review Questions 3 1. What are the international legal regimes enabling landlocked states to engage in international nautical trade ? 2. Does the absence of ocean coast carry states not to engage in nautical trade and subsequently not to enact nautical laws ? 3. Do you think principles of maritime legislation in landlocked countries differ, in a way, from that of coastal states ? Why ? 4. Page12 
18 SUMMARY Maritime law is a body of private international law governing relationships between individuals involved in shipping. Rules governing relationships among participants of sea-transport have besides been known since c.1 st millennium BC. It is broadly accepted that the earliest laws of maritime legal power were the Rhodian Sea Laws, which have been claimed to date from 900 B.C. The Mediterranean Sea was for above one thousand years merely ruled by the Rhodian Law, although augmented with some additions by the Romans. finally, three noted codes of maritime law whose principles were found in the Roman law, were formulated in Europe. These three codes- the Laws of Wisby, the Laws of Hansa Towns, and the Laws of Oleron termed the three arches of advanced admiralty law. Maritime law characterized by universal principles, breadth, and unique legal jargons is a domestic police that is evenly important to landlocked transport countries like Ethiopia. Ethiopia, though a landlocked, has along maritime tradition. It did not stop taking to the sea even after becoming an inland state in the 1990s. Though there is some refuse in importance of some of the provisions of its maritime legislations, its continue importance is hush justified since Ethiopia owns ships engaged in external nautical trade. furthermore, more than 90 % of Ethiopia s foreign trade benefit from sea transmit. therefore, nautical police which governs the relationship between participants of this mode of tape drive is indispensable for a state whose extraneous deal is about wholly dependent on ocean transportation. Page13 
19 chapter TWO NATIONALITY, REGISTRATION AND OWNERSHIP OF SHIPS UNDER ETHIOPIAN LAW This chapter discusses, the publish of nationality and registration of vessels/ships at the end of the chapter, students are expected to understand/develop : tell importance of nationality of ships ; Identify the unlike international and national requirements for owning an ethiopian ships ; describe the legal effects of nationality and absence of nationality ; describe the registration and enforcement of rights in paradoxical sleep relate to the ship ; Identify he skills to apply the unlike rules studied to hardheaded situations. 2.1 OWNERSHIP AND NATIONALITY OF SHIPS A ship is a special chattel property ( Art.3, Mar. Code ) with curious features. The justly of possession of a ship is equivalent to ownership of movable goods ( chattels ) of a special character. consequently, delivery of a ship is not necessity, as it is of early goods or chattels, in arrange to pass ownership to the buyer ( see Arts.45 ff. of the Maritime Code ). Ships need to have nationality. This distinguishes them from other special movable properties. One may ask why ships need to be registered. Chiristopher Hill, in his Marirtime Law, gives the pursuit reasons why ships, unlike other movable things, are subjected to the prerequisite of nationality. Excerpts : Hill C., 1985, , 2 neodymium ed., London : Lloyd second of London Press Ltd, pp Ships being big and valuable asset, are unfortunately unique, and can disappear from one side of the universe to another, escaping jurisdictions. besides, they are potentially the means by which their owners can incur liabilities to third parties sometimes of catastrophic proportions. It is, therefore, coherent that shipsshould be given a nationality therefore Page14 
20 that their owner randomness obligations, duties, rights, liabilities, immunities, etc., can the more well be regulated and recognized. The terminus nationality describes the legal relationship between a state of matter and a embark authorized by the state to fly its pin. In early words, the nationality of a ship refers to the department of state which has authority and responsibility over the ship as symbolized in the flee of a national masthead. The attribution of nationality to a ship is one of the most important means by which public regulate is maintained at sea. States normally grant their nationality to vessels by means of adjustment and by authorizing vessels to fly their flag. Though each state has the right to confer its nationality on a embark and to prescribe the rules governing such grants, international law has developed certain limitations. One of such limitations is the principle of genuine connection. The principle of genuine liaison prohibits states from granting nationality to ships lacking genuine link to the submit. The elements of genuine link vary among nations, but often include : ownership by nationals, national officers, national crew, and national build. Though external instruments like the United Convention on the Law of the Sea UNCLOS ( Art.91 ) mention the necessity of genuine link, it remains changeable what the consequences are if there is no actual link between a vessel and the State whose nationality it purports to bear. According to a wide held horizon, the function of the principle of actual link, as incorporated under UNCLOS, is to impose upon every State the duty and the duty to exert effective jurisdiction, so that ships flying its flag comply with international treaties or agreements such as IMO ( International Maritime Organisation ), ILO ( International Labour Organisation ) and FAO ( Food and Agriculture Organisation ). UNCLOS, as the universal law of the sea framework treaty, accepts that conditions for the grant of nationality are intelligibly within the sphere of domestic law : Every State shall fix the conditions for the grant of its nationality, registration of ships and right field to fly its flag. This means that requirements to register a ship, such as ownership, nationality of gang, or reside of the shipowner, should not, according to UNCLOS, be regulated internationally. thus, it is clear that each country under international law may determine for itself the conditions on which it will grant its nationality to a merchant ship. In early words, each submit under international law may determine for itself the conditions Page15 
21 on which it will grant its nationality to a merchant ship, thereby accepting responsibility for it and acquiring authority over it. No one is in world power to question the regularity and cogency of a registration except the flag state itself. This loophole is, however, manipulated by some states that are by and by named flag of convenience or open registries. Over the past few decades, the use of sag of appliance has grown from a small proportion to account for a big percentage of shipping global, over half. Shipowners in traditional maritime nations opt for flag of appliance to avoid the rigorous safety and labor regulations in home area and to benefit from easy entree to registry and broken tax schemes. Whereas, host countries are motivated by the fiscal advantages the practice render to their economy. None the less, the bad sides of the commit are more apparent than its good sides. One of the problems of iris of convenience registrations is that the host countries are normally ineffective or unwilling to provide enforcement mechanism for guard and sociable regulations. In fact, it is frequently stated that flags of appliance include a large proportion of low timbre vessels operating under minimal maritime condom conditions. furthermore, the personnel of flag of convenience vessels have in respective instances been given lower than median standards. International measures to counter registration under flags of convenience have not been that much successful. however, there are actual flag states that insist, in note with UN rules, there must be a genuine link between the ship owner and the pin state. These countries consequently, put restrictions on foreign ownership and apply national laws, including parturiency laws, on board unlike the flag of convenience system which places a large separate of the industry beyond the influence of government control. Ethiopia is one of the nautical nations that do not favor flag of public toilet The ethiopian concept of genuine associate has been incorporated under Art. 4 of Mar. Code. accordingly, ownership of ethiopian transport is restricted to ( 1 ) ethiopian subjects, ( 2 ) Bodies Corporate established as per ethiopian law, ( 3 ) foreigners domiciled in Ethiopia and having their chief position of business in Ethiopia. Thus, the nationality of a ship under ethiopian law depends on its ownership by these persons. Ethiopia accords nationality to a ship entirely if it is owned by ethiopian natural and/or jural person and foreigners, their principal rate of business being hera, domiciled in Ethiopia. Page16 22 In order to acquire the ethiopian nationality, i.e. pin, the shipowner has to register the vessel at Addis Ababa or other ethiopian towns designated by the appropriate torso ( Maritime Affairs Authority ) as a place/s port/s of registration. The Maritime Affairs Authority, established by Maritime Sector Administration Proclamation, Procl. No. 549/2007, is now the registrar for this function. It registers ethiopian ships thereby authorizing the lapp to fly ethiopian pin upon fulfilling the command formalities. Before entering any vessel in the read, the Authority will make certain that it is owned by persons qualified for owning ethiopian ship as per Article 4 of the Maritime Code. apart from being owned by certified persons, the vessel is expected to have the technical competence to provide the intended services ( See Transport Procl. No 468/2005 ). Most importantly, the shipowner has to complete the vessel crew in conformity with relevant national and external standards. The Transport Proclamation, under Article 23, provides : no person shall be engaged as mariner unless he has obtained a allow granted by the Authority. Though the effect of hiring crews without a permit is provided nowhere in the announcement, the Authority who besides has the power to issue and renew certificate of seaworthiness is expected to deny the like for vessels failing to hire only seafarers with certificate of competence and seaman mho book. by the way, it is worthnoting that the Maritime Sector Administration Proclamation repealed some provisions of the Transport Proclamation ( Procl. No. 468/2005 ) and the antagonistic provisions of the 1960 Maritime Code dealing with registration. The revoke provisions of the Code envision a register kept at home ports, which is the shell in many coastal embark nations. Nationality and registration might not be required for all vessels. Some jurisdictions do not require registration for humble vessels. The english Merchant Shipping Act of 1894 exempt [ from the duty to register ] ships not exceeding 15 tons burden employed soley in navigation on the rivers and or coasts of the United Kingdom. Sweden, on the other hand, has a ship cross-file for swedish vessels over twelve meters long and over four meters wide. similarly, the possibility for little ethiopian boats to avoid the legal and administrative requirements of registration is not closed. Article 15 of the Maritime Sector Administration Proclamation states the adopt : the Minister [ of Transport and Communication ], by directives, may waive the application in whole or in part of this proclamation to little vessels. Page17
23 by the way, it should be noted that adjustment under ethiopian law concerns vessels as defined under Article 1 of the Maritime Code american samoa well as ships and motor boats used for inland water transportation. registration of Ships Council of Ministers Regulations No. 1/1996 requires the adjustment of both seagoing vessels and watercrafts used for inland water system transport. costly Students, what do you think would the effect of nationality of ship be ? In the waive discussion, the different legal effects of nationality of ships have by the way been mentioned. The legal effects of nationality of ship pertain chiefly to the assumption by the flag country of legal power in matters relating primarily to the internal affairs of the embark. Some of the foundational issues in the development of nautical law were the questions of : ( 1 ) which police applies to a seagoing vessel ? ; ( 2 ) which law governs the rights of gang members ( including matters of working conditions, health and base hit ) ? ; ( 3 ) which police regulates the structure and social organization of a vessel to ensure seaworthiness ? ; ( 4 ) which law applies to the commission of a tort or crime aboard a vessel ? The response to these questions gave ascend to the principle of the jurisprudence of the flag state of matter. In its simplest human body, the jurisprudence of the flag has been described as the notion that seagoing vessels are like floating bits of territory of the autonomous whose pin it flies, with the law of the sovereign governing the vessel and those on board. This, however, does not exclude any other states from assuming legal power where appropriate. Shipping states do not always assume legal power in matters involving ships flying their flag. The history of maritime law demonstrates that early factors than the principle of the law of the flag were applied by courts in states ( early than the ease up express ) to either assume legal power on matters involving ships flying other nation south flag or decline on the applicability of the law of the flag state by the same. other factors include : ( 1 ) plaza of the wrongful act ; ( 2 ) allegiance or domicile of the injured ; ( 3 ) commitment of the defendant shipowner ; ( 4 ) invest of abridge ; ( 5 ) inaccessibility of the foreign forum ; and ( 6 ) the jurisprudence of the forum. For example, an ethiopian ship may serve in international carriage between ports in the Middle East and Europe ; and about all transactions regarding this partially of the ethiopian merchant fleet may probable be governed by the jurisprudence of any refer Middle East or european states where, for exercise, the transaction is entered into. furthermore, resort to international commercial arbiral tribunals is patronize in maritime transactions ; and hence, the application of external principles of nautical law, in place of the police of the falg, is frequent. Page18 24 According to Article 6 of the Maritime Code, vessels that have acquired the nationality of Ethiopia are entitled to the veracious of navigation under the flag of Ethiopia. This is particularly crucial for absence of nationality [ sag ], under external law, precludes a ship from engaging in international craft or navigation of any sort in the high seas, let alone in territorial seas of any particular coastal state. furthermore, benefits from treaties on which rights to enter foreign ports are based are unavailable to stateless ships. Any express can exercise jurisdiction over homeless ships. last, coastal nautical nations limit coastal nautical business to national ships. such privilege to national ships is besides recognized under Article 6 ( 2 ) of our Maritime Code, enacted during the fourth dimension when Ethiopia was a coastal state of matter. Review Questions 1 1. Why do ships need to have nationality ? 2. What are the reasons for the present external efforts to curb the drill of open registries ? 3. Registries in some landlocked countries like Mongolia are attractive to alien vessel owners. Do you think Ethiopia is as such attractive ? If not, is it because there is, in Ethiopia, no legal means for foreigners to own ethiopian ships ? 4. What are the effects of nationality under ( 1 ) external and ( 2 ) national laws ? 5. A extraneous ship company who sees the increasing demand for ocean carriage in Ethiopia wants to break into the relatively uncompetitive commercialize for sea carriage in Ethiopia. And, it particularly, wants to benefit from the lack of alternative sea mailman to ethiopian exporters who normally complain the high freight price charged by the only national sea carrier who is the love monopoly status. What do you think this foreign company need to do ? [ touch : Consult the rules relating to ownership of ethiopian ship in the Maritime Code vis-a-vis the pertinent Investment Proclamation and Regulation provisions dealing with investment areas reserved entirely to either the government or domestic investors ] 6. A transport was owned by a company punctually registerd in Ethiopia but was in fact controlled from Kenya by the charman of directors who held the majority of shares and resided there. Do you think such a embark would forfeit its ethiopian nationality ? [ tip : in a 1916 lawsuit, an english court rules that the pricncipal home of business is from where effective control is maintained. ] Page19 25 2.2 registration OF VESSEL AND RIGHTS IN REM RELATING THERETO Ordinarily, a state confers its nationality on a ship by registering the ship and issuing documents evidencing the embark south nationality. For this function, registries are kept at desirable places, normally at home ports. The same was envisioned under Article 45 of the Maritime Code. For Ethiopia was a coastal state at the time of the enactment of the Code, the Code provided the keeping of registries in every port designated by the Government of Ethiopia. The impracticability of this provision of the Code has been obvious since consequently, a 1996 Council of Ministers Regulation put things right. Under Article 4 of registration of Ships Council of Ministers Regulations No 1/1996 the follow is provided : Addis Ababa or other towns designated by the appropriate torso shall serve as a station ( s ) port ( mho ) of registration. besides, the lapp Regulation empowers the Ministry of Transport and Communications to carry out the registration of ships and other related activities. now, it is the Maritime Affairs Authority ( answerable to the Ministry of Transport and Communications ) that registers all vessels and any rights relate thereto. The Authority besides issues registration marks to vessels ; approve vessel baptize ; visit and write out seaworthiness certificates ; specify the character of services for which vessels are to be used ; preserve and regulate conditions as to the construction, assignment, care and repair of vessels. apart from these, the administrative tasks of the Authority include licensing and control of seafarers, pilots and other persons working on dining table a vessel. All ethiopian ships shall be registered at the time and in the manner prescribed ( Art.47, Mar. Code ). At this period, one may ask what the particulars of registration are and why they are needed. The policy underlying the adjustment of ships is comparable with that of the registration of real number properties. chiefly, the adjustment provides leading facie, if not conclusive, evidence of title to the vessel in disputes as to title. accordingly, the documents required and kept by the regsirar, in most cases, include title documents. In connection with this, the registrar verifies the eligibility of a embark to be ethiopian. i, it inquires into who actually owns the ship. apart from this, since most maritime nations stipulate seaworthiness of the ship at the time of registration [ and sporadically after that ], documents evidencing the fourth dimension and place of building of the vessel are required. ultimately, the marks of the embark the names and official number and tonnage are entered into the cash register. In unretentive, documents evidencing title to the vessel, Page20
