Maritime Law Maritime Law 4 — Questions and Answers
Question 1: Under MARPOL, what does Annex I primarily regulate?
- Prevention of pollution by oil from ships (Correct answer)
- Sewage discharge standards for vessels
- Air emissions from ship engines
- Garbage disposal requirements for vessels
Correct answer: Prevention of pollution by oil from ships
MARPOL Annex I sets regulations for the prevention of oil pollution from ships, including discharge limits and requirements for oil record books.
Question 2: What is the concept of 'privity or knowledge' in the context of the Limitation of Liability Act?
- A shipowner cannot limit liability if the negligence or unseaworthiness causing the loss was within their personal knowledge or fault (Correct answer)
- The requirement that cargo owners have knowledge of shipping contract terms
- A rule requiring seamen to have prior knowledge of voyage risks before boarding
- The standard for proving that a maritime lien was properly filed
Correct answer: A shipowner cannot limit liability if the negligence or unseaworthiness causing the loss was within their personal knowledge or fault
Under the Limitation Act, a vessel owner loses the right to limit liability if the claimant proves the cause of loss was within the owner's privity or knowledge.
Question 3: What is 'demurrage' in maritime charter party contracts?
- Compensation paid to a shipowner when cargo loading/unloading exceeds the agreed lay time (Correct answer)
- A fee charged for delayed port entry due to traffic
- Penalty for late delivery of cargo to the consignee
- The cost of maintaining a vessel during a long voyage
Correct answer: Compensation paid to a shipowner when cargo loading/unloading exceeds the agreed lay time
Demurrage is liquidated damages payable by the charterer to the shipowner when loading or discharging operations exceed the contractual laytime allowance.
Question 4: Under the Hague-Visby Rules, what is the per-unit liability limitation for cargo damage?
- The higher of 666.67 Special Drawing Rights per package or 2 SDR per kilogram (Correct answer)
- $500 per package as established by COGSA
- Actual market value of the cargo at the destination port
- 10,000 gold francs per package under the Gold Franc standard
Correct answer: The higher of 666.67 Special Drawing Rights per package or 2 SDR per kilogram
The Hague-Visby Rules set carrier liability at 666.67 SDR per package or 2 SDR per kilogram of gross weight, whichever is higher.
Question 5: What is the exclusive economic zone (EEZ) as defined by UNCLOS?
- A zone extending 200 nautical miles from a coastal state's baseline where it has sovereign rights over natural resources (Correct answer)
- The 12-nautical-mile zone over which a state exercises full sovereignty
- A 500-meter safety zone around offshore installations
- A free trade zone within 50 miles of a state's coastline
Correct answer: A zone extending 200 nautical miles from a coastal state's baseline where it has sovereign rights over natural resources
UNCLOS Article 55–75 defines the EEZ as extending up to 200 nautical miles from baselines, granting the coastal state exclusive rights to explore and exploit marine resources.
Question 6: What is 'hot pursuit' in maritime law and when does it end?
- A coastal state's right to chase and arrest a foreign vessel that violated its laws, ending when the vessel enters foreign territorial waters (Correct answer)
- The right of a naval vessel to pursue pirates across the high seas indefinitely
- A port state's authority to detain a vessel for inspection without prior notice
- The practice of following a vessel suspected of smuggling through international waters
Correct answer: A coastal state's right to chase and arrest a foreign vessel that violated its laws, ending when the vessel enters foreign territorial waters
UNCLOS Article 111 permits hot pursuit of a vessel that violated coastal state laws, but pursuit must begin in internal, territorial, or contiguous waters and ends upon entry into foreign territorial seas.
Question 7: Which U.S. federal court has original jurisdiction over admiralty and maritime cases?
- U.S. District Courts under 28 U.S.C. § 1333 (Correct answer)
- U.S. Court of International Trade
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Claims
Correct answer: U.S. District Courts under 28 U.S.C. § 1333
28 U.S.C. § 1333 grants U.S. District Courts exclusive original jurisdiction over admiralty and maritime claims, though the 'savings to suitors' clause allows some claims in state court.
Maritime Law Maritime Law 4
Under MARPOL, what does Annex I primarily regulate?