Around 90% of global trade is carried on the shoulders of the shipping industry. Shipping is considered as a safe, economical, and environmental form of commercial transport. Unfortunately, shipping accidents are inevitable cases in the maritime field that have not only resulted in financial losses but have also taken the lives of officers and crew aboard. Moreover, the accidents at sea also damage the seabed, sea depth, sea surface, flora, and fauna, and ultimately harm the marine ecosystem. Its adverse impact can also be seen on the weather and livelihood of the people. The absence of creative and innovative technologies in this sector coupled with the non-serious execution of precautionary safety guidelines and contravention of legally framed rules are the factors that manifest in major ship collisions. They, in turn, adversely and enormously hamper the marine ecosystem.

Technical Framework

For improved retardation of the merchant’s vessels to avoid collisions at sea, two important systems have to be taken into consideration- ECDS (Emergency Cargo Drop Stop) and EBP (Emergency Braking Propellers).

On average, a cargo ship is 200-300 meters long and the average speed is 20-30 knots and it takes about 25-30 minutes on average to stop the ship. This period is more than enough for ships to collide with other ships, the periphery of ports, and icebergs. Here, the major problem occurs.

While going through data, it is observed that 20-25% of vessels involved in maritime accidents are cargo vessels. Out of 15,103 ships involved in accidents (2007-2022), 2848 were merchant cargo vessels.

To cater to the problem as stated above, a specific focus needs to be paid to reducing the collisions & contact type accidents on merchant vessels by reducing the time to stop or decelerate the vessel.

Legal Framework

There is a substantial requirement for improved legislation in this regard, especially bearing in mind the magnanimous risk posed to the marine environment particularly due to ship collisions and generally due to operational discharge. There are certain conventions and rules framed by United Nations (UN), which deals with these type of problems facing the marine ecosystem due to maritime industry which if followed in strict sense by the signatory countries would significantly reduce the frequent instances of ship wreckage and would thereby reduce considerably the chances of the marine environment being degraded to the maximum extent possible and also enhance the safety of seafarers and mariners on board.

1. Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter COLREGs) are published by the International Maritime Organization (IMO) and set out, inter alia, the “rules of the road” or navigation rules to be followed by ships and other vessels at sea to prevent collisions between two or more vessels.

One of the most important innovations in the 1972 COLREGs was the recognition given to traffic separation schemes as given in Rule 10. Rule 10 states that ships that cross traffic lanes must do so “as nearly as practicable at the right angles to the general direction of traffic flow” to reduce confusion with other vessels as to the intentions and course of the crossing vessel and at the same time allowing the vessel to cross the lane as quickly as possible.

The efficacy of traffic separation schemes can be judged from a study carried out in 1981 by the International Association of Navigation Institutes (IAIN). This meant that 60 accidents occurred in the Dover Strait between 1956 and 1960. Twenty years later, after the implementation of traffic separation systems, this number was cut to only 16.

2. In order to establish a flag state’s failure to honour its international obligations, the pre-requisite legal basis is prescribed by conventions such as OILPOL 54 and MARPOL 73/78 which is accepted as a general standard by international community in case of breach of international obligations.

3. Part XII (Articles 192 to 237) of the United Nations Convention on the Law of the Sea (UNCLOS) is devoted to protection and preservation of the marine environment. Article 192 makes it “the business of the governments”, flag States and coastal or port states.

Hence, it is a case of relying on international law on marine pollution by ships, since the actions of these conventions and laws are aimed as much at the prevention of pollution as well as collision as at intervention in the event of an accident, and at the repair of damage caused by pollution to marine environment.

Marex Media