Responsibility & Accountability in Maritime Law
Published by Informa Law from Routledge
Responsibility Accountability Maritime Law examines the phenomenon of criminalisation which confronts the Master in their professional conduct, both in terms of Flag State and Port State rights and obligations. The fault lines of criminalisation, which go to the heart of the question, demand an understanding of how the concept of criminal justice has evolved to impose accountability on the Master, in circumstances which had not been crimes before.
Since this book was first published, the maritime world has changed dramatically, requiring a new understanding of responsibility and accountability before the Master can make rational decisions to respond to the risk of criminalisation. While the basic theory of accountability for criminalisation and the sources of law provide the foundation, this second edition presents a new introduction to summarise the necessity for changes in structure in order to define the pre-existing law with which the Master must comply, acknowledging the re-emergence of risk in the Gulf in 2026, and the foreseeable emergence of risk in the Arctic as geopolitical pressures create uncertainty as to who will assert jurisdictional control in the management of merchant shipping in this region. The Sources of Law chapter has been expanded to address risk management in the context of current geopolitical turmoil, balancing company commitments with the safety of the ship and crew. New content includes detention of Masters and crew, the International Convention on Arrest of Ships, universal jurisdiction, and relevant case studies such as the M/T Heroic Idun.
The book’s format meets the needs of lawyers, academics and maritime professionals, with the aim of analysing the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions.
The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
The current law and cases have been verified up to June 2026.
Selected Contents
01 Introduction
- Justice or Criminalisation?
02 Sources Of Law
- Sovereignty and Maritime Conventions
- The enforcement of Conventions in domestic law
- Tensions between Sources of Laws
- The Detention of Master and Crew
03 What Is A Crime?
- The essence of criminal accountability
- Case study: Captain Laptalo of the Coral Sea
- Strict Liability - its use and abuse
04 Criminal Accountability For Negligence
- What is criminal negligence?
- The Gulf between Civil and Criminal Accountability
- Neither one thing nor the other
- Conclusions?
05 Criminalisation And Seafarers’ Rights: Problems And Solutions
- Rights and Responsibilities
- Prosecutions and the Master’s Human Rights
- What is a crime under the Maritime Labour Convention?
- A Solution?
06 The Master And The Ship
- The Master’s Overriding Duty
- The Master’s responsibility for safe navigation
- Assistance from overseas jurisdictions
07 The Risk Business
- The Master and their accountability
- Flag State Protection
- The Master-Owner relationship
- Risk management in navigation today
08 Port State Sovereignty - What Could Possibly Go Wrong?
- Port State jurisdiction
- The Port State and Perpetuation of Errors
- What the People Want, the People Get
- China’s emergence on the maritime stage
09 The Risk Society And Environmental Protection
- Environmental welfare
- Some Relevant Statutes On Environmental Welfare
- Marine Environmental Management
- The Risk of crude oil pollution
- Government Policy
- About Marine Protected Areas
10 Pollution And Criminalisation
- MARPOL
- Scope and Extent
- Article VI and Climate Change
- The Criminal Factor
11 Salvage And The Environment
- What is Salvage?
- What are the Risks to the Owner and the Salvor?
- The Master, the Salvor and the SOSREP
- Criminalisation in Salvage
12 Management Control By The Flag State
- The Flag State and UNCLOS
- The Flag State and the Master’s accountability
- The Master’s Management of the Flag State’s Human Rights
- The Role of Flags of Convenience
13 Investigations, Evidence And Self-Incrimination
- What is the objective of an investigation?
- Attributing responsibility and blame: comparing shipping and aviation
- Problems and Solutions: A Just Culture
- The Nature of Just Culture
14 The Foundations Of Sentencing: Culpability And Harm
- Sentencing Guidelines
- Culpability
- Harm
- The Nature of the Punishment
15 Occupational Hazards
- Part 1 Trouble in the Gulf
- Metamorphosis of maritime risk
- Port State versus Flag State
- The 2026 War
- Downstream Consequences
- The Master’s Risk Management in Emergency Response
- Part 2 The Resurgence of Piracy
- Piracy and the Master
- Flag State Protection? How the Flag State sees it
- The unacceptable risk of liability for armed guards
- Summing up the risk
16 Polar Maritime Operations
- Part 1 The Geopolitical Risks
- The Clash of Interests
- The Master’s risk management in Arctic waters
- The Consequences of Geopolitical Risks on the Master
- The Current International Situation in the Arctic
- Part 2 The Master’s Responsibility
- The Polar Code
- Training and Experience
- The Risk of Criminalisation in the High North
- Managing Accountability
- Navigating through the risk
17 Compulsory Pilotage: Who Takes The Blame?
- The modern law of Compulsory Pilotage
- Criminal Accountability of the Pilot
18 Practical Guidance
- Golden Rule 1: You must get independent legal advice and representation
- Choosing a lawyer
- Preparing the case
- Criminal Evidence and Procedure
- What is evidence for legal purposes?
- Presenting evidence to the Court
- The Trial
- Golden Rule 2: Do not admit liability