Collisions at sea: The Human Factor

Maritime law generates many international and unique measurements and standards including collisions at sea. Today, international rules and codes on Collisions at Sea have almost accomplished their intended aim of preventing collisions and therefore increasing safety at sea. Even where international provisions are not applicable, the practical necessity of shipping demands compliance to good seamanship by the navigators. The general and international principle of good seamanship supplements the closely knitted net of international rules and prevention. Each lawyer can
refer either to the international standards or even to national measurements as long as they are in accordance with good seamanship as required by the nautical standards of a prudent navigator. Today, the duty of good seamanship is strongly coined by International Conventions such as COLREGS
(Convention on Collision Regulation 1972) and the STCW (Standards of Training, Certification and Watchkeeping)
Convention. However, good seamanship does not only demand compliance with the rules where it is reasonable but also the navigator's own critical judgments and the principle is expressly stated in rule 2(b) of COLREGS. Even local rules, not made by any authority, govern the duty of a seaman provided that they are firmly established, well understood, and recognized by long usage.The standard of good seamanship has rarely been put as a statute, it is very difficult for a court to see and render judgment based on how the conduct of the navigator should have been, except by referring to COLREGS. A traffic regulation which specifically regulates the conduct of good seamanship while navigating in certain areas would facilitate the court of that particular jurisdiction to bring about a fair trial to parties involved in a collision at sea. Such regulation is deemed necessary in the Straits of Malacca, considering the increase in shipping traffic and high density of fishing vessels in the Traffic Separation scheme.