Who takes responsibility when a ship sinks? | Explained

Smoke fluctuations from the Singapore Ship MV Wan Hai 503 during a rescue operation carried out by the Indian Coast Guard (ICG) in Kochi on 13 June 2025. Photo Loan: x/@Indiacoastguard Ani Video Grab

The story so far: On June 9 MV Wan Hai 503A ship with Singapore Flag, about 88 nautical miles away from the Beypore coast of Kerala burned fire. The ship carried more than 2,000 tons of fuel and hundreds of containers, which caused concerns about the burning potential ecological effect. Search for dangerous containers is still open. Liberia Container Ship on May 25 MSC ELSA 3 Kochi sank from the coast of Kerala.

Who organizes global transport?

Global commercial transportation is firstly regulated by the International Maritime Organization (IMO). IMO is among the most powerful UN agencies, because most of its prescriptions and directives are valid between transport, given the multinational nature of the industry. Countries, which are members of the IMO, sign various contracts that put norms related to pollution, security, accidents, obligations and responsibilities, including India, then pass the appropriate local legislation or set rules synchronized with convention prescriptions. In India, the General Directorate of Shipping (DG), which has made notifications for these purposes. In some cases, parliamentary sanctions may also be required.

In general, India signs many contracts that block several of a few of them, such as the 2004 Ballast Water Agreement and 2010 Dangerous and Harmful Substances (HNS) Convention. The HNS Convention deals with responsibility and compensation for damage to the transport of dangerous and harmful substances on ships. Considering the increasing accidents on the beach, India can be served by the approval of this agreement. In the case of Elsa 3Many containers carrying harmful substances such as calcium carbide will seek remedies within the scope of India’s own commercial transport laws.

Ships belong to companies in the world. Greece and China are leading to most of these companies to be home. However, ships are usually registered in various countries for convenience and ease of operation. Although it is managed by IMO members and IMO norms, these countries offer less interventionist examination and are therefore referred to as convenience flags (FOC). Liberia is such a country, Marshall islands are another country.

Who is responsible for the loss of cargo and any damage to the environment?

The ship owner is responsible for both. The trade of goods is managed by a contract called the bill of lading, which covers the transport of goods from one port to another and exported to the exporter by the ship owner during the loading of the cargo. The owner of the bill of lading is the owner of the cargo. The Langer of Language is a contract in which the owner undertakes to send the cargo from one port to another, as well as other things. The bill of lading is transferred to the importer or buyer according to various shipment forms after paying the exporter. Typically, the importer opens a credit letter to the exporter and the bank then extends the loan and receives the bill of bill from the exporter. When the buyer receives the cargo and makes the payment, the bank receives the bill from the bank.

In case of damage or cargo loss, the ship owner must pay the owner of the bill of bill of bill. However, this payment is within the scope of the protection and compensation (P&I) club, the cluster of several insurance companies sharing the risk. The damage given to the body of the ship and machines with a loss of work for the owner is usually covered by compensation. However, in P & I, the insurer protects the owner against the claims of the owner, such as loss of environment or cargo or loss of life on board and elsewhere as a result of a accident containing the ship.

International contracts limited the responsibility of the ship owner’s responsibility for the loss of cargo, but there is no limit to allegations against environmental damage such as oil pollution or dangerous substances. The latter can be applied to sunken containers Elsa 3 or Wan Hai 503 This fire lit. Petroleum pollution damage covers a wide range – affecting fish capture, tourism, loss of other enterprises, transportation, etc. The contract for the prevention of international pollution supports the pollutant payment principle. However, sometimes national laws protect against expanded and potentially infinite claims.

Who should save a sinking ship?

This responsibility belongs to the owner of the ship. The agreement on the issuance of Nairobi debris, 2007 manages this situation and India is a signing. Under this, the ship owner, who has to save the ship in the dominant waters of the ship (200 miles of 200 miles from a reference line on the beach) has to save the ship. If the ship is not refilling, especially if the waters are too deep, the owner of the ship is responsible for any claims of damage.

Why are ships still sinking?

Developed materials are exposed to the whims of the sea when entering information, expertise and skills construction ships, and the multi -layered effect is not always predicted. For example, Elsa 3As the ship begins to bend to one side – the listing, transportation view – stacked on top, fell to the sea, which is already rough. This has led to an increase of the list on the heavier side, which can lead to the sinking of the ship.

Often, a number of errors, errors and small events sync to create a major accident. Each of these mistakes and events is not a reason for worries. Very often, such errors are human -making and often sucks. Today, commercial ships tend to sail close to the shore to find mobile phone signals so that sailors with circulatory facilities remain in communication with their friends or families. WakashioA collective carrier came ashore from Mauritius in 2020 and led to oil rash, because he was very close to the shore in search of mobile phone signals. This was during the Covid-19 epidemic, while sailors spent long in the sea due to their health and concerns of their families.

It sank because of an irrevocable titanic human error. However, after sinking, a congress called Life Safety at sea (SOLAS) emerged. SOLAS is one of the basic contracts that manages transport and generally revised. An important course from Titanic, which is currently applied as a Solas norm, is that the lifeguard boots on both sides of the ship should have sufficient capacity to carry the number of people in which the ship is designed to carry it. This means that if the ship leans to one side and can only be accessed with lifeguard boats on one side, they should be able to carry all these people on the ship to safety.

The shipping industry learns from every accident. IMO then reviews and supports the directives of ship design and construction adopted by the industry.