marlamamba ® 09-Мар-2020 18:16

The Legal Position of the Ship Master


Year: 2000
Language: english
Author: Marcus Toremar
Genre: Research papers
Publisher: Göteborg University
Format: PDF
Quality: eBook
Pages count: 61
Description: The purpose of this thesis has been to examine the legal position of the master. Has he got the necessary independence to perform his duties according to the law? Are his authorities sufficient or perhaps even greater than necessary to perform his duties? The examination has
generally been limited to Sweden and questions regarding safety, environment, the ISMCode,
the designated person and the issue of privity.
The status of the master has gradually diminished due to changes in society and technology. But this is no reason to diminish his authority. Many of the powers which the master has at his disposal are meant to be used only in a state of emergency. Therefore there is no need to remove these authorities. The position of the master is being adapted to a modern society, which under all circumstances must be a good thing in itself.
International regulations are of great importance and probably the most efficient way of creating legal development. The ISM-Code will not prevent a master from acting in accordance with his own good judgement. The technology of today has made it possible to monitor the master more than ever before.
The amount of time, money and attention spent on the safety of the vessel are of great importance and will influence the safety of the vessel. These factors are a source for conflicto between the persons operating the vessel. The problem is that the master might be biting the hands which feeds him.
The authorities of the master are still sufficient enough for him to handle his duties.
Certain improvements could however be made. The ISM-Code is a significant step in the right direction. The introduction of the designated person has improved the lines of communication within the company.

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