Who takes responsibility when a ship sinks?

15 Jun 2025 GS 3 Environment
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 Ship Accidents, Liability & Regulations

1. Recent Shipping Accidents off Kerala Coast

  • MV Wan Hai 503 (June 9, 2024): Singapore-flagged container ship caught fire near Beypore, carrying 2,000+ tonnes of fuel. Ecological concerns due to burning containers.

  • MSC ELSA 3 (May 25, 2024): Liberian container ship sank off Kochi, carrying hazardous materials like calcium carbide.

2. Key Concepts for Prelims

  • Bill of Lading: Legal document issued by the ship owner to the exporter, transferring cargo ownership to the importer. Governs liability for cargo loss/damage.

  • International Maritime Organization (IMO): UN agency regulating global shipping via conventions (e.g., SOLAS, MARPOL). India is a member but hasn’t ratified some conventions like the HNS Convention (2010).

  • SOLAS Convention (Safety of Life at Sea): Ensures ship safety standards (e.g., lifeboat capacity). Revised after Titanic disaster.

  • Flags of Convenience (FOC): Ships registered in countries like Liberia/Marshall Islands for lax regulations, despite foreign ownership (e.g., Greece/China).

3. Liability & Compensation

  • Ship Owner’s Responsibility:

    • Cargo Loss: Compensates bill of lading holder (covered by Protection and Indemnity (P&I) Club, which is a cluster of several insurance companies who share the risk).Limited liability on Cargo loss

    • Environmental Damage: Unlimited liability (e.g., oil spills, hazardous leaks). Governed by Polluter Pays Principle (MARPOL Convention).

  • Salvage Operations:

    • Nairobi Convention (2007): Mandates ship owners remove wrecks within 200 nautical miles of coastal waters.

4. Reasons for Ship Sinking

  • Human Errors: E.g., MV Wakashio (2020) grounded near Mauritius for mobile signals.

  • Natural Factors: Rough seas, container shifts (e.g., MSC ELSA 3 listing).

  • Design Flaws: Addressed via IMO’s revised guidelines (e.g., SOLAS lifeboat norms post-Titanic).

5. UPSC Mains Analysis

  • Regulatory Gaps: India’s non-ratification of HNS Convention limits compensation for hazardous spills.

  • Ecological Impact: Oil/hazardous spills affect marine life, tourism, and livelihoods (e.g., Beypore fire).

  • Global Governance: IMO’s role in standardizing safety/pollution norms, but enforcement challenges due to FOCs.

6. Potential Questions

Prelims (MCQs)
Q1. The ‘Nairobi Convention’ deals with:
(a) Marine biodiversity
(b) Removal of ship wrecks
(c) Carbon emissions from ships
(d) Deep-sea mining
Ans: (b)

Q2. Which country is a prominent ‘Flag of Convenience’ in shipping?
(a) Japan
(b) Liberia
(c) India
(d) Australia
Ans: (b)

Mains (GS-3: Environment/Disaster Management)

  • “Discuss the challenges in holding ship owners accountable for environmental damage in maritime accidents. Suggest measures to strengthen India’s regulatory framework.”

  • “Analyze the ecological and economic risks posed by Flags of Convenience in global shipping.”



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