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International Maritime Conventions

What happens if a vessel fails a PSC inspection in Georgia?

If major deficiencies are found, the vessel may be detained until they are rectified. The owner must fix the issues and undergo a re-inspection, paying relevant fees and fines.

Does Georgia recognize STCW certificates from other countries?

Yes, Georgia recognizes certificates issued by countries with which it has signed a mutual recognition agreement (Wholist), in accordance with the STCW Convention.

What is the liability for oil pollution under Georgian law?

Liability is strict under the CLC Convention and Georgian law. Fines can be substantial, and the ship may be arrested until security for the fine and cleanup costs is provided.

How can a lawyer help with MLC compliance?

A lawyer can draft compliant Seafarer Employment Agreements (SEAs), advise on social security obligations, and help resolve disputes regarding wages and repatriation.

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International Maritime Conventions form the backbone of global maritime law, regulating navigation safety, environmental protection, seafarers' rights, and commercial relations. Georgia, as a maritime nation and a member of the International Maritime Organization (IMO), is obliged to uphold and enforce the major conventions it has ratified. This field involves complex regulations affecting shipowners, ports, crewing companies, and seafarers. Compliance with international maritime conventions is critical for vessels flying the Georgian flag and foreign vessels entering Georgian ports to avoid detention, fines, and commercial losses.

What does International Maritime Conventions service cover?

Legal services in this area involve consultation and practical assistance in implementing international standards. Specialists work within the framework of the following key conventions:

  • SOLAS (Safety of Life at Sea): Monitoring compliance with technical safety, equipment, and construction standards of vessels and providing legal support during the certification process.
  • MARPOL (Prevention of Pollution from Ships): Ensuring compliance with environmental regulations, drafting waste management plans, and handling disputes regarding pollution allegations.
  • STCW (Standards of Training, Certification and Watchkeeping for Seafarers): Legal aspects of seafarer certification and competency verification, which is particularly important for crewing companies.
  • MLC (Maritime Labour Convention): Regulating seafarers' labor rights, wages, repatriation, and social protection issues.
  • BWM (Ballast Water Management Convention): Ensuring compliance with regulatory requirements related to the installation and operation of ballast water management systems.

Common Situations and Needs

In practice, violation or misinterpretation of international conventions leads to serious problems:

  • Vessel Detention (Port State Control): Detention of a vessel in a Georgian or foreign port due to SOLAS or MARPOL deficiencies. Lawyer involvement is needed to quickly release the vessel and mitigate fines.
  • Oil Spills: Massive fines and criminal liability resulting from oil spills in port waters, requiring defense based on international conventions (CLC/Fund Conventions).
  • Seafarer Wage Disputes: Violations of the MLC by shipowners where the crew demands unpaid wages and repatriation.
  • Certification Issues: Suspension of class or statutory certificates by a classification society, requiring a legal response.

Georgian Legislation and Regulations

In Georgia, international conventions are implemented through the Maritime Code of Georgia, the Law on Maritime Spaces of Georgia, and normative acts of the Maritime Transport Agency. According to the Constitution of Georgia, ratified international treaties (such as SOLAS, MARPOL, MLC) have superior legal force over domestic legislation. However, enforcement mechanisms and administrative sanctions are outlined in the Administrative Offences Code of Georgia and environmental legislation. Vessel registration and flag state control are overseen by the Maritime Transport Agency of the Ministry of Economy and Sustainable Development of Georgia.

Service Process

Services related to international maritime conventions include:

  1. Audit and Assessment: Checking the compliance of shipowner or operator activities with international conventions.
  2. Documentation Preparation: Legal drafting of mandatory logbooks, plans (e.g., SOPEP), and procedural documents.
  3. Representation: Protecting client interests before the Maritime Transport Agency, Port State Control (PSC) inspectors, and in court.
  4. Dispute Resolution: Participation and mediation in international maritime disputes, especially with foreign counterparties.
  5. Training and Consulting: Informing personnel about new regulations and legislative changes.

Why Legal.ge?

International maritime law is a niche and specific field requiring deep knowledge not only of Georgian legislation but also of global conventions. Legal.ge gives you access to qualified maritime lawyers experienced in working with IMO regulations and maritime industry challenges. Through our platform, you can find experts who will ensure the smooth operation of your vessels and business in international waters.

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