Collisions at sea : regulations and defences

Abstract

In order to avoid collisions at sea, a universal standard of sea traffic rules is required. This standard is provided by the International Regulations for Preventing Collisions At Sea, 1972 designed to prevent such collisions from happening. Yet, the application of these regulations is far from unproblematic. Central to this study is Rule 2 which, in addition to prescribe rules, lays down a duty on those in charge of the ship to navigate her with due regard to the ordinary rules of good seamanship and to the special circumstances of the case. The same rule also warns against a rigid interpretation and allows mariners to depart from the prescribed regulations when circumstances so necessitate. The Regulations thus leave mariners with a wide discretion whether to obey or depart from the sailing rules. It is recognised that to require them to exercise such discretion, except in a very clear case of necessity, is hard upon the mariners themselves, inasmuch as the slightest departure from these rules is almost invariably relied upon as constituting a case of at least contributory negligence. As a consequence, a number of defences have been developed for collisions which result despite the mariners' best endeavours. Four defences are analysed in this study, each defence being dealt with in a separate chapter. This study strives to identify the constitutive elements of each defence and to analyse the extent of the justification provided when successfully pleaded. The thesis draws to an end by consolidating the findings and setting forth three recommendations aimed at improving upon the present legal framework so to generate a real and effective change on the ground.