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Maritime Law English — B2 (IMLI Malta Focus)

Maritime Law English · B2

Maritime Law
in Practice

IMLI Malta focus · terminology, legal effect and drafting

Study context

This independent language unit follows the public subject areas of the IMO International Maritime Law Institute: law of the sea, shipping law, marine environmental law, maritime security law and legislative drafting. IMLI is located on the University of Malta campus in Msida. Official IMLI programmes

IMLI · MALTAEnglish skills focus
01 · Identifypeople & documents
02 · Locatezones & jurisdiction
03 · Regulateduties & conventions
04 · Applydrafting & analysis
1

Maritime actors & documents

Complete each sentence with the most suitable term. Use each item once.

Word bank vessel · master · crew · cargo · charterer · shipowner · bill of lading · port authority
  1. The ordered the vessel to reduce speed before entering the harbour.
  2. The goods carried on board are collectively described as the .
  3. The arranged insurance for the ship.
  4. A was issued when the carrier received the containers.
  5. The completed emergency training before departure.
  6. The agreed to pay freight under the charterparty.
  7. The temporarily closed the terminal because of severe weather.
  8. The word is frequently used as a formal legal term for a ship.
Precision: Shipowner, carrier and charterer can refer to different parties. Do not treat them as automatic synonyms.
2

States, zones & jurisdiction

Complete each definition with one term from the box.

Word bank flag State · port State · coastal State · territorial sea · exclusive economic zone · high seas · internal waters · innocent passage
  1. The has primary responsibility for ensuring that ships flying its flag meet applicable standards.
  2. The may inspect a foreign ship when it enters one of its ports.
  3. A has rights and duties in maritime zones adjacent to its coast.
  4. The may extend up to 12 nautical miles from the baseline.
  5. The may extend up to 200 nautical miles from the baseline.
  6. Waters on the landward side of the baseline are generally called .
  7. Navigation through the territorial sea that is not prejudicial to the peace, good order or security of the coastal State is called .
  8. Areas of ocean outside national maritime zones include the .
Legal distinction: Sovereignty, sovereign rights and jurisdiction do not mean exactly the same thing. Their scope depends on the maritime zone and the applicable rule.
3

Conventions & implementation

Use each verb or noun once. Change capitalisation only where necessary.

Word bank ratify · enter into force · implement · comply with · enforce · obligation · provision · amendment
  1. A State may sign a treaty and later it in accordance with its constitutional procedures.
  2. The convention will after the conditions stated in the treaty have been met.
  3. States must treaty requirements through effective national measures.
  4. Ships must the safety rules applicable to them.
  5. The maritime administration is responsible for taking action to national shipping legislation.
  6. The duty to report a serious marine casualty is a legal .
  7. Article 7 contains a concerning the certification of vessels.
  8. The committee adopted an to update the technical requirements.
Sequence: Adoption, signature, ratification, entry into force and domestic implementation are distinct legal steps.
4

Modal language & legal effect

Choose the expression that gives the sentence the intended legal effect. Use each once.

Word bank shall · must · may · must not · is entitled to · is required to · is permitted to · should
  1. Every seafarer receive written information about the terms of employment. (right)
  2. The shipowner maintain the required insurance. (obligation)
  3. The competent authority inspect the vessel when there are clear grounds for concern. (discretionary power)
  4. Confidential crew records be disclosed without lawful authority. (prohibition)
  5. The applicant submit the certificate before the deadline. (formal requirement)
  6. This Regulation come into force on 1 January. (legislative formula)
  7. Masters record near misses as a matter of good safety practice. (recommendation)
  8. A recognised inspector examine the relevant records. (permission)
Drafting note: Modern drafting practice varies between jurisdictions. Always follow the authorised drafting conventions of the legal system concerned.
5

Casualties, liability & compensation

Complete each sentence with one maritime-law term.

Word bank collision · grounding · salvage · pollution · claimant · liability · compensation · limitation
  1. A occurred when the two vessels struck each other in restricted visibility.
  2. The vessel suffered a after leaving the marked channel.
  3. The successful rescue of a ship or property from marine danger may give rise to a claim for .
  4. The oil spill caused extensive marine .
  5. The person bringing a legal claim is known as the .
  6. The court considered whether the carrier had for the damaged cargo.
  7. Victims may seek financial for proven losses.
  8. Some maritime regimes permit the of liability in specified circumstances.
Careful: Identifying the applicable liability regime requires facts, jurisdiction and the relevant instrument. Vocabulary practice cannot determine a real claim.
6

Passive & reporting structures

Complete each sentence using the correct passive form of the verb in brackets.

  1. The vessel after serious deficiencies were identified. (detain)
  2. Foreign ships when they visit a national port. (may / inspect)
  3. Several containers during the storm. (damage)
  4. It that the discharge occurred outside the permitted area. (allege)
  5. The national regulation to reflect the revised international standard. (amend)
  6. The coastal authority without delay. (should / notify)
  7. All members of the crew by a nearby vessel. (rescue)
  8. Reasonable response costs under the applicable compensation regime. (may / recover)
Focus: Passive structures foreground the ship, rule, evidence or action when the actor is unknown, obvious or less important.
7

Legislative drafting language

Complete the extracts with one formal drafting expression.

Word bank for the purposes of · subject to · except where · competent authority · prescribe · offence · penalty · applies to
  1. This Part every Maltese-registered commercial vessel.
  2. this Act, “ship” includes every description of vessel used in navigation.
  3. A certificate remains valid, compliance with regulation 12.
  4. No person may enter the restricted area, access is necessary in an emergency.
  5. The may issue guidance concerning inspections.
  6. The Minister may the form of the required certificate.
  7. A person who intentionally alters the record commits an .
  8. The maximum for the offence is stated in Schedule 2.
IMLI connection: IMLI publicly emphasises legislative drafting for incorporating and implementing international instruments in domestic law.
8

Applied case: the MV Meridian

Read the short case, then select the best answer to each question.

Case summary

The foreign-flagged cargo ship MV Meridian arrives at Port Selene. Port inspectors identify defective fire-safety equipment and temporarily detain the vessel. The master reports that several containers were damaged during heavy weather. A small quantity of oil also escaped while the ship was approaching the coast. The shipowner informs the flag administration, while the local maritime authority begins an investigation. No legal responsibility has yet been determined.

  1. 1. In which capacity are the authorities acting when they inspect the foreign ship in port?

  2. 2. Which verb best describes the official action taken against the vessel?

  3. 3. Why does the shipowner inform the flag administration?

  4. 4. The damaged containers form part of the ship’s:

  5. 5. Which field is most directly engaged by the oil escape?

  6. 6. Which is the most accurate statement about liability?

  7. 7. Which sentence uses the most appropriate academic/legal caution?

  8. 8. What should a careful legal writer do next?

Method: A sound legal analysis distinguishes established facts, disputed facts, applicable rules, legal issues and conclusions.
Study aid

Quick reference: maritime-law writing

Use precise terms, state legal effect clearly and avoid conclusions stronger than the evidence.

Describe authority

has jurisdiction over · is responsible for

is empowered to · may inspect

is subject to · must comply with

Report cautiously

The evidence indicates that…

It is alleged that…

Liability has not yet been determined.

This may depend on…

Structure an analysis

Facts: What happened?

Issue: What legal question arises?

Rule: Which instrument or provision applies?

Application: How does the rule relate to the facts?

Draft a clear rule

Identify who must act.

Use a precise operative verb.

State conditions and exceptions separately.

Define important terms consistently.

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