Tuesday, 19 March 2013

International Convention for the Safety of Life at Sea (SOLAS), 1974



International Convention for the Safety of Life at Sea (SOLAS), 1974
Adoption: 1 November 1974; Entry into force: 25 May 1980


The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic disaster, the second in 1929, the third in 1948, and the fourth in 1960. The 1974 version includes the tacit acceptance procedure - which provides that an amendment shall enter into force on a specified date unless, before that date, objections to the amendment are received from an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous occasions. The Convention in force today is sometimes referred to as SOLAS, 1974, as amended.

Technical provisions
The main objective of the SOLAS Convention is to specify minimum standards for the construction, equipment and operation of ships, compatible with their safety. Flag States are responsible for ensuring that ships under their flag comply with its requirements, and a number of certificates are prescribed in the Convention as proof that this has been done. Control provisions also allow Contracting Governments to inspect ships of other Contracting States if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the Convention - this procedure is known as port State control. The current SOLAS Convention includes Articles setting out general obligations, amendment procedure and so on, followed by an Annex divided into 12 Chapters.

Chapter I - General Provisions
Includes regulations concerning the survey of the various types of ships and the issuing of documents signifying that the ship meets the requirements of the Convention. The Chapter also includes provisions for the control of ships in ports of other Contracting Governments.

Chapter II-1 - Construction -
Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments must be such that after assumed damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight integrity and bilge pumping arrangements for passenger ships are also laid down as well as stability requirements for both passenger and cargo ships.

The degree of subdivision - measured by the maximum permissible distance between two adjacent bulkheads - varies with ship's length and the service in which it is engaged. The highest degree of subdivision applies to passenger ships.

Requirements covering machinery and electrical installations are designed to ensure that services which are essential for the safety of the ship, passengers and crew are maintained under various emergency conditions.

"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010,  requiring new ships to be designed and constructed for a specified design life and to be safe and environmentally friendly, in intact and specified damage conditions, throughout their life. Under the regulation, ships should have adequate strength, integrity and stability to minimize the risk of loss of the ship or pollution to the marine environment due to structural failure, including collapse, resulting in flooding or loss of watertight integrity.

Chapter II-2 - Fire protection, fire detection and fire extinction
Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers.

They include the following principles: division of the ship into main and vertical zones by thermal and structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the zone of origin; containment and extinction of any fire in the space of origin; protection of the means of escape or of access for fire-fighting purposes; ready availability of fire-extinguishing appliances; minimization of the possibility of ignition of flammable cargo vapour.

Chapter III - Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according to type of ship. The International Life-Saving Appliance (LSA) Code gives specific technical requirements for LSAs and is mandatory under Regulation 34, which states that all life-saving appliances and arrangements shall comply with the applicable requirements of the LSA Code.

Chapter IV - Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and upwards on international voyages are required to carry equipment designed to improve the chances of rescue following an accident, including satellite emergency position indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to provide radiocommunication services as well as ship requirements for carriage of radiocommunications equipment. The Chapter is closely linked to the Radio Regulations of the International Telecommunication Union.

Chapter V - Safety of navigation
Chapter V identifies certain navigation safety services which should be provided by Contracting Governments and sets forth provisions of an operational nature applicable in general to all ships on all voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship engaged on international voyages.

The subjects covered include the maintenance of meteorological services for ships; the ice patrol service; routeing of ships; and the maintenance of search and rescue services.

This Chapter also includes a general obligation for masters to proceed to the assistance of those in distress and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently manned from a safety point of view.

The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship identification systems (AIS).

Chapter VI - Carriage of Cargoes
The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their particular hazards to ships or persons on board, may require special precautions". The regulations include requirements for stowage and securing of cargo or cargo units (such as containers). The Chapter requires cargo ships carrying grain to comply with the International Grain Code.

Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the classification, packing, marking, labelling and placarding, documentation and stowage of dangerous goods. Contracting Governments are required to issue instructions at the national level and the Chapter makes mandatory the International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly updated to accommodate new dangerous goods and to supplement or revise existing provisions.

Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the documentation, stowage and segregation requirements for these goods and requires reporting of incidents involving such goods.

Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and requires chemical tankers to comply with the International Bulk Chemical Code (IBC Code).

Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers to comply with the requirements of the International Gas Carrier Code (IGC Code).

Part D includes special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships and requires ships carrying such products to comply with the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code).

The chapter requires carriage of dangerous goods to be in compliance with the relevant provisions of the International Maritime Dangerous Goods Code (IMDG Code).

Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and is particularly concerned with radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which was adopted by the IMO Assembly in 1981.

Chapter IX - Management for the Safe Operation of Ships
The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety management system to be established by the shipowner or any person who has assumed responsibility for the ship (the "Company").

Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).

Chapter XI-1 - Special measures to enhance maritime safety
The Chapter clarifies requirements relating to authorization of recognized organizations (responsible for carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship identification number scheme; and port State control on operational requirements.

Chapter XI-2 - Special measures to enhance maritime security
Regulation XI-2/3 of the  chapter enshrines the International Ship and Port Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply with the mandatory requirements. Regulation XI-2/8 confirms the role of the Master in exercising his professional judgement over decisions necessary to maintain the security of the ship. It says he shall not be constrained by the Company, the charterer or any other person in this respect.

Regulation XI-2/5 requires all ships to be provided with a ship security alert system. ,Regulation XI-2/6 covers requirements for port facilities, providing among other things for Contracting Governments to ensure that port facility security assessments are carried out and that port facility security plans are developed, implemented and reviewed in accordance with the ISPS Code.Other regulations in this chapter cover the provision of information to IMO, the control of ships in port, (including measures such as the delay, detention, restriction of operations including movement within the port, or expulsion of a ship from port), and the specific responsibility of Companies.

Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in length.

Amendments
The 1974 Convention has been amended many times to keep it up to date.
Amendments adopted by the Maritime Safety Committee  (MSC) are listed in MSC Resolutions. 

Monday, 17 September 2012


NORTHERN UNIVERSITY, BANGLADSH
DEPARTMENT OF LAW
PROGRAM: LL.B (HON’S)
                                  

COURSE TITLE: JURISPRUDENCE    COURSE CODE: LAW 2111/LLB1101/LAW4101


COURSE TEACHER: Md.Ahsan Habib
   Senior Lecturer, Department of Law, NUB (Advocate)
                            &
Assistant JUDGE of the Peoples’ Republic of Bangladesh
  
 Mobile: 01717623243, Email:ahsanhabib.law@gmail.com                                                      

                                                                                                                

COURSE OUTLINES OF JURISPRUDENCE


Lecture-01: Nature of Jurisprudence
            Definition of Jurisprudence, the Nature, Scope and Importance of Jurisprudence.

Lecture-02: The Definition, Nature and kinds of Law
Definition, Nature and Classification of Law, General Law, Imperative Law, Physical or Scientific Law, Natural or Moral Law, Conventional Law, Customary Law, Practical or technical Law, International law, Civil Law.

Lecture-03: Theories of Law
Theories of Law: Natural Theory of Law (Salmond’s Theory), Positive Theory of Law (Austin’s Theory) and Pure Theory of Law (Hans Kelsen’s Theory),

Lecture-04: The Schools of Jurisprudence
Schools of Jurisprudence: Analytical School, Historical School and Ethical School of Jurisprudence, Sociological School.

Lecture-05: The Administration of Justice
Importance or Necessity of Justice, Origin and Growth of Administration of Justice, The Principles of Natural Justice, Civil and Criminal justice, Theories of Punishment, Theory of Compensation, Kinds of Punishment, Primary and Secondary rights, Penal and Remedial Proceedings, Secondary Functions of the Courts of Law.

Lecture-06: Sources Of Law
Meaning of Sources of Law, Classification of Sources of Law, Legal Sources of English Law, Sources of Law and Sources of Rights, Ultimate Legal principles.
             
Lecture-07: Legislation
Meaning of Legislation, Legislation as a Source of Law,             Supreme and Subordinate Legislation, Codification, Rules of Interpretation of Legislation.
           
Lecture-08: Precedent
Precedent as source of Law, Stare Decisis, The Authority of Precedent, Original and declaratory  precedent, Authoritative and declaratory, Disregard of precedent and Effects of it, Circumstances destroying binding force of Precedent, Grounds of Authority of Precedent, Sources of Judicial Principle, Value of the Doctrine of Precedent.

Lecture-09: Custom
Definition and Origin of Custom, Importance of Customary Law, Acceptance of Customary law, Difference Between Law and Custom, Kinds of Custom, Requirements of Valid  Custom, Custom and Prescription.


Lecture-10: Legal Rights
Rights, Wrong, Duty, Correlation of Rights and Duties, Definition of Legal Rights, Characteristics of Legal Rights, Essentials of Legal Rights, Classification of  Rights according to their object, Legal rights in a wider sense, Liberties and No-Rights.

Lecture-11: Kinds of Legal Rights
Kinds of Civil Rights, Perfect and imperfect Rights, Positive and Negative Rights, Real and Personal Rights, Rights in rem and Rights in personem,
Proprietory and Personal Rights, Inhertable and Uninheritable rights, Rights in re propria and Rights in re aliena, Principal and accessory rights, Legal and equitable Rights, Primary and Secondary Rights, Antecedent and Remedial Rights, Public and Private Rights,Vested and Contingent Rights,Servient and Dominant Rights,Municipal and International Rights, Rights at Rest and rights in Motion, Ordinary and Fundamental Rights, Jus ad rem.

Lecture-12: Ownership
Definition of ownership, Corporeal or Incorporeal Ownership,   Sole ownership and Co-ownership, Trust and Beneficial Ownership, Legal and Equitable Ownership, Vested and Contingent Ownership.

Lecture-13: Possession
Introduction, Possession in Fact and in Law, Corporeal and Incorporeal Possession, Two elements of Possession, relation of Possessor to Other Persons, Relation of Possessor to the Thing possessed, Nature of Possession, Concurrent Possession, Derivative  Possession,  Constructive Possession, Adverse Possession, Duplicate Possession,  Relation Between Possession and Ownership, Possessory Remedies.
         
Lecture-14: Persons
Definition of Person, Nature of personality, Legal Status of Lower Animal, Legal status of Dead Person, Legal Status of Unborn Person, Legal Status of an Idol, Legal Status of Mosque, Kinds of Persons, Corporations, Agents, beneficiaries and members of Corporation, Acts and Liabilities of Corporation, Uses and Purposes of Corporation, The State as a Corporation, creation and Extinction of Corporation.
         
Lecture-15: Title
Definition and nature of Title, Classification of Titles, vestitive facts, Acts in the Law, Importance of Agreements, Kinds of Agreements, Validity of Agreements, Modes of Acquiring possession, Prescription.

Lecture-16: Liability
Definition and nature of Liability, Kinds of Liability, Civil Liability, Remedial Liability, Penal Liability, vicarious Liability, Absolute or Strict Liability, Juristic Acts, Wrongful Acts, Damnum Sine Injuria, Injuria Sine Damnum, Mens Rea, Presumtion of Innocence, Stages in the Commission of a Crime, Intention, preparation, attempt and commission of crime, Difference Between Intention and Motive,  Malice,  Negligence,  Negligence and inadvertenance, Negligence and intention, Culpable Negligence, Duty of Care, Theories of Negligence,  Subjective and objective Theories of Negligence, Measure of Penal Liability, Measure of Civil Liability , Crime and Tort –Distinction , Exemption from Criminal Liability.


Lecture-17: Law of Property
Meaning of Property, Kinds of Property, Corporeal Property, Real and personal property, Incorporeal Property, Rights in Re Propria , Rights in Re Aliena, Leases, Servitudes  Kins of Servitudes-Personal, Public and Positive , Securities, Mortgage and lien , Kinds  of Liens, Trust, Modes of Acquisition of Property, possession, Prescription, Property and law, relation between.
 
Lecture-18: Law of Obligation
Definition and Nature of Obligation, Chose in Action, Chose in Possession, Solidary Obligations, Sources of Obligation, Obligation arising from contracts or Contractual Obligations, Innominate Obligations.


Lecture-19: The Law of Procedure
Law of Procedure and Substantive Law, Elements of Judicial Procedure, definition and classification of Evidence, Judicial Evidence, Personal or Real Evidence, Primary or Secondary Evidence Direct or Circumstantial Evidence, Production of Evidence, Probate value of evidence, Conclusive Proof, presumptive Proof, Exclusive evidence.
         




Books Recommended:

            Dr. Hamiduddin khan- Jurisprudence & Comparative Legal Theory.
          Dr. V.D. Mahajan- Jurisprudence and Legal Theory
          DR. Md. Ahsan Kabir Jurisprudence and Legal Theory
          N. H Jhabvala- Elements of Jurisprudence
          R.W.M Dias- Jurisprudence
          Paranjape- Jurisprudence
          Salmond- Jurisprudence

Evaluation Procedure

CLASS TEST -1

MID TERM

CLASS TEST-2 / Viva/ Assignment/ Presentation

FINAL


MARKS DISTRIBUTION:

CLASSTEST-…………………………………………………..…………………...5
               
MIDTERM.………………………………………………….…….……………..…40

CLASSTEST-…………..…………………………………………………………...5

FINAL………   ………………………………………………………………….….50

ATTENDANCE+VIVA…   ………………………………………….……………..10
                                                                                                                                                      TOTAL-100


Saturday, 14 July 2012


Syllabus for advocate examination
OFFICE OF THE BANGLADESH BAR COUNCIL BAR COUNCIL
BHABAN, RAMNA,
DHAKA
Examination for Enrolment as Advocate: Time 4 Hours
SYLLABUS Examinations
for enrolment as Advocates
Total Marks-100
M.Ahsan Habib
(Advocate)
LL.B(Honours),LL.M (First Class), RU.

6(six) questions to be answered taking one from each Group
Time- 4 hours


GROUP-A: CIVIL PROCEDURE CODE, 1908 (Marks-16)
  • Section 2 : Definition
  • Sections 9 to 12 : Jurisdiction and Res Judicata
  • Sections 15 to 20 : Place of Suing
  • Sections 22 to 24 : Power of transfer of suits
  • Sections 38, 39 & 48 : About Execution of decree
  • Sections 96,97,104,105 & 107: Appeal from decree
  • Order (See Order 41, Rules 1 to 6 and Order 43 Rule 1)
  • Section 114; Review (See Order 47 Rule 1)
  • Section 115 : Revision
  • Section 144 : Restitution
  • Section 151 : Inherent Power of Court
  • Order 6 Rule 17: Amendment of pleadings
  • Order 7 Rules 1 to 15 : Plaint
  • Order 8 Rules 1 to 8 :Written Statement and set off
  • Order 23 Rules 1 to 3 :Withdrawal & adjustment
  • Order 38 Rules 5 to 12 : Attachment before judgment
  • Order 39 Rules 1 to 4: Temporary injunction
  • Order 40 Rule 1: Appointment of Receiver.
GROUP-B: SPECIFIC RELIEF ACT, 1877 (Marks-16)
  • Section 9 : Suit for possession
  • Sections 12 to 17 : Contracts which may be specifically enforced
  • Sections 21 & 22 : Contracts not specifically enforced and discretion of court
  • Sections 39 & 40 : Cancellation of instrument
  • Section 42 : Declaration of status or right
  • Section 45 : Power to order to do specific acts.
  • Sections 52 to 57 : Injunctions.
GROUP-C: CRIMINAL PROCEDURE CODE, 1898 (Marks-16)
  • Section 4 : Definitions
  • Section 6 : Classes of criminal courts
  • Sections 9,10,12, & 14 : Court of Session, District Magistrate, Subordinate Magistrate & Special Magistrates
  • Sections 107 to 110 : Security for keeping the peace and for good behavior
  • Section 144 : Temporary order in urgent cases.
  • Sections 145 & 146 : Dispute as to immovable property
  • Sections 154 & 155 : Information in cases
  • Sections 172 & 175 : Diary investigation, Report of police officer
  • Sections 200 to 205 :Complaints to Magistrates & Commencement of Proceeding.
  • Sections 241 to 249 : Trial of summons cases.
  • Sections 404 to 410, 412 to 414, 417 to 420: Appeals.
  • Sections 435, 436, 438, 439 and 439A: Reference and revision
  • Section 476: Procedure in cases in section 195
  • Section 488 :Order for maintenance of wives and children
  • Sections 496 to 498 and 498A : Bail
  • Sections 526, 526B and 528 : Transfer of cases
GROUP-D: PENAL CODE, 1860 (Marks-16)
  • Sections 34 & 35 :Common intention, when such act is criminal
  • Sections 96 & 97: Right of private defence
  • Section 107: Abatement
  • Section 149 : Prosecution of common object
  • Sections 299, 300, 301, 304 & 304A: Offence affecting life
  • Sections 319 to 322, 324 & 326 : Hurt
  • Sections 339 & 340: Wrongful restraint and confinement
  • Sections 359 & 362 : Kidnapping & abduction
  • Section 375 : Rape
  • Sections 378 to 380 : Theft
  • Section 383 : Extortion
  • Sections 390, 391, 394 & 396 : Robbery & dacoity
  • Sections 403 & 405: Dishonest misappropriation & breach of trust
  • Sections 415, 416 & 420 : Cheating
  • Section 425 : Mischief
  • Sections 441 & 446 : Criminal trespass
  • Sections 463 & 464: Forgery.
GROUP-E: (Marks-16)
(i) LIMITATION ACT, 1908
  • Section 3: Suits to be dismissed if instituted after limitation
  • Section 5 : Extension of period
  • Section 6 : Legal disability
  • Section 12 : Exclusion of time in legal proceeding
  • Section 14 : Exclusion of time spent bonafide in other forum
  • Section 18 : Effect of fraud
  • Section 19 : Effect of acknowledgment
  • Section 20 : Effect of payment
  • Section 23: Continuing breaches and wrongs.
  • Section 29: Savings.
(ii) EVIDENCE ACT, 1872
  • Section 17 : Admission
  • Sections 24 to 26 Confession
  • Sections 32 & 33: Statement of persons who cannot be called as witness
  • Sections 59 & 60 : Oral evidence
  • Sections 61 & 63 : Documentary evidence
  • Sections 74 & 75 : Public & Private document
  • Sections 101 to 106 and 114, 115: Burden of proof and presumption, estoppel
  • Sections 137 to 142, 145,146,151, 152, 155, 157 and 159: Examination of witness.
GROUP-F : (Marks-20)
Ethics, Bar Council Rules and Legal Decisions
  1. Rules of Professional Etiquette.
  2. Functions, formation and power of the Bangladesh Bar Council and difference between Bar Council & Bar Association.
  3. Legal decisions and reports.