REPORT IN MARLAW Chapter 2 THE SHIP: ITS MEANING, REGISTRATION, AND NATIONALITY >Introduction •History reveals that even in the early times, ships were important means of transportation. During the second world war, ship is used in transporting men, supplies and ammunition. Today, it is inconceivable to consider a large volume of products can be traded between countries without using ships. >HISTORICAL DEVELOPMENT OF SHIPS A.) Early Evolution of ships Even in the early times, ships were used for transporting goods and people. The early types of ship were in the form of a SAILING CRAFT. The craft is a flat raft with a short mast positioned so that a single square sail could be hoisted. * Oldest ship was found between 2960-3908BC, built for the funeral of the egyptian pharaoh Cheops. *From 1000 to 250 BC, the PHOENICIANS improve the Egyptian Design. They built vessel of approximately 30 meters to 100 meters in length. These ship were used in Mediterranean trade. * The principle of building a hull for the ship came from EUROPE. The frame was a longitudinal keel (backbone), with stempost and sternposts and athwartship ribs. The frame was covered with wooden planks coated with a pitch. * In 450 BC, bigger ship with upper decks were found in tombs near Rome. =The Romans introduce the idea of decking partly their ship so that passenger and crew will have shelter when they board the ship. * In the far east, about 250 BC, a different design came out. The Chinese joined together two canoes by using planking and built up the sides, bow and stern to form a flat-bottomed wooden box. THERE WAS A HULL WITHOUT KEEL.This was called the Chinese Junk. =The Chinese used the junk before the West discover them. =Later, the Japanese and other eastern civilization built their own form of Junk. =The JUNKS were superior to any Western vessels built before the 17th century.. * In 900AD, the Vikings long ship were introduced. The ship carried warriors and supplies in support of the conquest for power and supremacy. The long ship carried 16 to 30 oarsmen on each side and had large square sails. *Between 13th and 15th century, the most advanced countries in Europe used the CARAVEL in many economic and political exploration. = It was a ship with two decks and finer lines. =The caravel was a small wooden vessel featuring lanteen or triangular sail. = It was developed by Portuguese fishermen and used until the end of the 15th century. = The great discovery by the known navigators Ferdinand Magellan and Christopher Columbus were made using Caravel ship. * In the 16th century, sea routes from Europe via the Cape of Good Hope to the Far East were opened and began the development if trade among countries located in the areas. = Spain built ships called GALLEONS that dominated the naval ships design until the discovery of steam engine in the middle of 19th century. * A galleon ship was a three-mast sailing vessel used both as warship and trade ship between Europe and the New World. = It was in 1755, during the time of the Galleons, the trade between Manila and Acapulco was developed. * In the 19th century, larger ship with greater cargo capacity were in great demand due to the growth of seaborne trade in newly discovered colonies. = This gave way to the construction of CLIPPER SHIP, which were slim-lined sailing ship that plied regular routes between Europe, Americas, and China, carrying passenger and cargoes. = This continued until the early 20th century when mechanical propulsion replace the sail. * The first steamboat that was powered by engine was successfully made by Robert Foulton in 1807. = The US ship SAVANNAH was the first steamship to cross the Atlantic in 1819. = In 1884, the steam turbine began after an English engineer Sir Charles Algemon Parson used the first turbine propelled vessel. = The steam turbine did not last long when oil was discovered and used as a ships fuel. = Rudolf Diesel patented his invention of the diesel engine in 1892. B.) Pre-war, Post-war and later development of ships The use of oil as fuel triggered the development of bulk ship. Before the second world war, very few ship were made for bulk shipment. Ship were smaller in size, conventional and traditional types. The average speed of ship was between ten and twelve knots. Although there were some ship with passengers accommodation, most of the vessel during the pre- war period were made for general cargo. At that time, the ship had a large number of crew, long voyage, and long days in port ( due to manual and sime-mechanized discharging and loading of cargo. *Liner vessels carrying general cargo had a deadweight of eight thousand to fifteen thousand tons. * Tankers had an average deadweight of about twenty-five thousand only. *In coastal shipping, vessel used in liner trade and tramping operation had an average deadweight of about five hundred to one thousand tons. * Bulk carrier used in tramping operation had fifteen thousand average deadweight. • During second world war, the number of ship diminished because many were lost and destroyed. After the war, US started massive shipbuilding to revitalize the industry to be assured of sufficient fleets that can be utilized in times if conflict with other nation. •In 1945, the United Nation was established by allied countries to help stabilize international relations and secure the foundation of peace. Thereafter, world trade was resumed and shipping activities slowly normalized. >In the second half of 20th century, trade increase considerably. =The significant growth of trade created impact on shipping industries. = There was a phenomenal growth in bulk shipment and liner shipping reached a point where shipowners could not supply the demand for ships by shipper. > Later oil became a prime commodity due to the massive industrialization taking place in Western Europe, United State and Japan in the Far East. During this time many oil tankers with over twenty thousand deadweight were built and deployed. The industrialization of these countries created remarkable impacts on the technology and design of ships. Before the end if 1960s oil tanker with over 120,000 deadweight dominated the seas. • In the last quarter of the 20th century, the growth of specialize ship was also noted. Ships that were design to carry specialized cargo gradually replace the traditional cargo vessels. The decline in number of traditional cargo vessels gave way to the rise of container ship, heavy lifters, large tanker, roll on-roll of ship, off-shored vessels, large bulk carriers, etc. • Changes in the mode of handling cargo were also noted. Cargo was shipped in a new variations of the traditional forms of container, bulk, lose solid cargo. Based on the discussion on the development of a ship, it simply gives us an idea about the importance of ship and how people in the past attempted to develop its structure to meet certain objective. Based on historical background, we can conclude that even in the past, ship were built for various purposes. > THE LEGAL DEFINITION OF A SHIP The purpose for which the ships have been built seem to be the same since the early times to the present, the meaning of a ship thousand of years ago, could be different from what we have today. Ship built today are faster and bigger than before. PIC ng boat People usually give different interpretation of structure at sea. For example a big ship is automatically called ship while a small boat us called boat. Thus, when a person is at a distance and see an object sailing at sea, he might ask this question: Is it a ship? The answer is either yes or no. Today, a small yacht that sails on the water is not considered a ship. The International Maritime community recognize the importance of a legal definition of ship in the beginning of the 19th century. The concept of international regulation being used for the uniform application of law date back one hundred years ago. • The rules on collision and carriage of goods by sea are only two example of international convention that specify the meaning of a ship. These were adopted by many countries in the first half of 20th century fir applying uniform rules. In reality, it us not easy to give the meaning of a ship because some maritime laws are designed for the particular operation of a kind of ship. According to the IMO, there is no universal definition of ship. • Ship may be defined in accordance with the purpose for which they were built and used. The following are some meanings of the word ship. A.) For Liability in Oil Pollution When referring to pollution liability, the IMO through a protocol to the International Convention on Civil Liability for Oil Pollution Damage 1969, define the term ship as any seagoing vessel and seaborne craft if any type whatsoever constructed or adopted for the carriage of oil in bulk as cargo, provided that a ship is capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage, unless it us proven that it has no residues of such carriage of oil in bulk aboard. •In simple definition ship is any seagoing vessel or seaborne craft that is fit to carry oil as cargo. B.) Maritime Labor Convention For the purpose of labor maritime convention, the term ship is defined as any vessel mechanically propelled and registered in a territory for which the convention is in force; it is engaged in the transportation of cargo or passenger for the purpose of trade or engaged in a voyage at sea C.) For the Purpose of Ships Registration If a ship is to be registered , the meaning of ship refers to any self-propelled sea going vessel used in international seaborne trade for the transport of goods, passenger, or both with the exception of vessels less than 500 gross registered tons D.) In Carriage of Goods Under a Bill of Lading With respect to carriage of goods, the International Law Association or ILA (1924), through the International Convention for Unification of Certain Rules of Law Relating to Bill of Lading ( Hague- Visly Rules) agreed that the term ship referred to in a bill of lading means any vessel used for carriage of goods by sea E.) In Salvage Convention The term vessel has been given more preference by the 1989 International Convention on Salvage (ICS). It defined vessel as any ship or craft or any structure capable of navigation. = Brodie (1994) defined the word ship in a generic term. He describe it as a floating vessel, which is self propelled and capable of carrying cargo or passenger. Based on the various definitions given above, it has been noted that s ship is also called a vessel.
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