Volume 5
Ship safety between freedom of the seas, competition and regulation

Stemmler

University of Oldenburg, Law Seminar 2001 Shipping accidents involving only one vessel or collisions with other vessels have been occurring since humans have been using the seas for transport and trade. Almost three quarters of the earth's surface is covered by seas. Today, around 95% of world trade is carried out by sea. Jurisdiction under maritime law is characterised by the principle of freedom of the seas. Even today, this claim to freedom is regarded as a self-evident basis for international transport across the seas. Calls for improvements in maritime safety are not only being made by conservationists and relatives of victims, but also by business organisations calling for measures to improve safety.
However, even with the strictest regulations and owners, operators and crews who are highly committed to safety, the operation of ships can only minimise the risk of accidents, but not reduce it completely.
The aim of this work is to show what influence the principle of freedom of the seas has had and still has today on the design of regulations to ensure maritime safety, what influence is exerted on their function and what conclusions can be drawn from this development in order to contribute to a solution to this problem. The work is aimed at both experienced practitioners and the interested public. A more general presentation was deliberately chosen in order to shed light on the legal structures behind the practical problems of improving maritime safety.

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