CMI Maritime Law & Regulatory Compliance 5 — Questions and Answers
Question 1: Which international convention governs the removal of wrecks in exclusive economic zones and requires shipowners to maintain compulsory insurance?
- Salvage Convention 1989
- Nairobi International Convention on the Removal of Wrecks 2007 (Correct answer)
- CLC Convention 1992
- Athens Convention 2002
Correct answer: Nairobi International Convention on the Removal of Wrecks 2007
The Nairobi Wreck Removal Convention 2007 requires shipowners to remove hazardous wrecks from EEZs and carry compulsory wreck removal insurance.
Question 2: In admiralty law, in rem jurisdiction allows a court to:
- Arrest the vessel's master for criminal charges
- Seize and adjudicate claims directly against the vessel itself (Correct answer)
- Impose fines on the flag state government
- Suspend the vessel's classification certificate
Correct answer: Seize and adjudicate claims directly against the vessel itself
In rem jurisdiction allows admiralty courts to arrest a vessel and adjudicate claims against the ship itself as a legal entity, enabling enforcement of maritime liens.
Question 3: Under OPA 90, a 'responsible party' for a vessel oil discharge is FIRST defined as:
- The cargo owner whose oil was spilled
- The owner or operator of the vessel (Correct answer)
- The port authority where the spill occurred
- The insurer of the vessel
Correct answer: The owner or operator of the vessel
OPA 90 defines the vessel's owner or operator as the responsible party primarily liable for removal costs and damages from an oil discharge.
Question 4: The USCG's authority to conduct a Marine Board of Investigation (MBI) is most appropriate for casualties involving:
- Minor vessel groundings with no injuries
- Major marine casualties with potential criminal misconduct or broad public interest (Correct answer)
- Routine cargo damage claims
- Recreational vessel accidents only
Correct answer: Major marine casualties with potential criminal misconduct or broad public interest
Marine Boards of Investigation are convened for major casualties — those with significant loss of life, severe environmental damage, or suspected criminal conduct — due to their formal evidentiary powers.
Question 5: Under the MLC 2006 (Maritime Labour Convention), what minimum rest period must seafarers receive in any 24-hour period?
- 8 hours of rest
- 10 hours of rest (Correct answer)
- 12 hours of rest
- 6 hours of rest
Correct answer: 10 hours of rest
MLC 2006 Regulation 2.3 requires seafarers to receive a minimum of 10 hours of rest in any 24-hour period to prevent fatigue-related incidents.
Question 6: When a marine investigator finds that a vessel departed with a known deficiency in its firefighting equipment, which legal principle is most directly implicated regarding the shipowner?
- Privity and knowledge under the Limitation of Liability Act (Correct answer)
- Force majeure defense
- Contributory negligence of the crew
- Act of God defense
Correct answer: Privity and knowledge under the Limitation of Liability Act
If the shipowner had privity or knowledge of the deficiency before departure, they cannot limit liability under the Limitation of Liability Act for resulting losses.
Question 7: The International Convention on Civil Liability for Oil Pollution Damage (CLC) requires tanker owners to carry certificates of insurance known as:
- P&I Club endorsements
- Blue Cards (Correct answer)
- Certificate of Financial Responsibility (COFR)
- MARPOL compliance documents
Correct answer: Blue Cards
Under the CLC Convention, tanker owners must obtain 'Blue Cards' from their P&I Club as evidence of compulsory pollution liability insurance to enter signatory state ports.
CMI Maritime Law & Regulatory Compliance 5
Which international convention governs the removal of wrecks in exclusive economic zones and requires shipowners to maintain compulsory insurance?