CARIBBEAN MARITIME INSTITUTE
MARITIME LAW & INTERNATIONAL CONVENTIONS
AUGUST 10, 2013
TIME OF EXAMINATION: 3 HOURS
Answer all questions from Section A
and two questions from Section B.
This paper is worth 50% of your final grade.
Books, texts and materials are not permitted into the examination room for any examination whatsoever. 3.
No electronic devices with recorded notes permitted in examination room. 4.
No cell phones are to be used during the examination.
No correspondence allowed with any other student during the examination. 6.
All papers are to be submitted to the examiner at the end of the examination. 7.
Refer to international conventions, codes, statutes, cases, laws and decisions where appropriate.
SECTION A – ANSWER ALL QUESTIONS
What section of the Maritime Areas Act declares Jamaica an archipelagic state?
Define maritime hot pursuit.
Name the two MARPOL 73/78 goals.
The Regulations of the Maritime Labour Convention 2006 are organized into five (5) areas called Titles. Name the five Titles.
How does the Convention on Facilitation of International Maritime Traffic, 1965, as amended, (The FAL Convention) define a stowaway? (2 marks)
Label the areas marked A, B & C in the diagram below. (3 marks)
Section 4 of the Guidelines on shipowners’ responsibilities in respect of contractual claims for personal injury to or death of seafarers outlines the shipowners’ responsibilities. Name them. (4 marks)
Give the name and effective date of the convention that first established basic requirements on training, certification and watchkeeping for seafarers on an international level. (2 marks)
What is human trafficking and what international instrument defines it?
SECTION B – ANSWER TWO QUESTIONS
For the past two decades, a number of issues have surfaced on the international scene regarding successive ruthless dictatorships which have been committing egregious and widespread violations of international human rights and humanitarian law in over 60 states. In light of the United Nations Charter and the aims of that international body, it has been suggested to the Legal Committee of the International Maritime Organization to bring about a new convention addressing human rights and accountability for such crimes committed by states and their regimes. It is expected that states will sign and ratify the newly introduced convention to be entitled International Human Rights Convention.
You are the government appointed United Nations Representative for the state, Genocidia. The President of Genocidia has been recently inaugurated and is not experienced in the process of ratification of conventions. In fact, Genocidia had only ratified 4 conventions, these being since you were appointed to your present post. You have received a letter from the President of your state requesting that you prepare a detailed presentation on the ratification process and present this at a meeting to be held next week. The other Ministers of State will be in attendance.
You are also asked to prepare a written version of your presentation explaining the entire process from the point that the suggestion is made to the committee to point where the convention comes into force; explaining the differences between the steps and what each action signifies, such as signature as opposed to ratification. Prepare the written version of your presentation. (15 marks)
One of the vessels under your management has sailed from South America to the United States. Four days after sailing a stowaway is found hiding in one of the lifeboats. Discuss TEN actions you would instruct the master to take following the discovery of the stowaway. (15 marks)
In the case of R. v. City of Sault Saint Marie 40 Can. Crim. Cas. (2d) 353...
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