Cartner on the International Law of the Shipmaster On The New Command at Sea

Prologue : The Civil Commander

Part 1: Shipping and Navies

Part 2: Definition of Civil Command at Sea

Part 3: The Maritime Venture

Part 4: Seven Pillars of Wisdom

Part 5: The Nine Duties of the Civil Commander

Part 6: From Whence the Civil Commander Came

Part 7: Modern Laws and the Licensee and Appointee

Part 8: Technologically-Driven Revolution in Shipping

Part 9: The TITANIC

Part 10: The Last Century?

Part 11: Hang [Him or Her] from a Sour Apple Tree!

Chapter 1 : The Duty of Self:Toward the Compleat Civil Commander at Sea

Part 1: The Duty of Self and of Self-Competence

Part 2: The Fit and Informed Self-Competent Civil Commander

Part 3: Civil Commander Resilience

Part 4: The Civil Commander Manager

Part 5: Lead, Follow or Get Out of the Way

Part 6: The Progression To Command

Part 7: Three Existential Identities

Part 8: Death, Be Not Proud

Part 9: The Legal Duties of Self to the Offices Held and to Others

Chapter 2: THE DUTY TO PUBLIC AUTHORITY: The Regulatory Regime of Command at Sea

Part 1: How the world is organised

Part 2: Registry States

Part 3: Coastal States

Part 4: Port States

Part 5: The Natal state

Part 6: Interdiction

Chapter 3: THE DUTY TO PRIVATE AUTHORITY: The Private Tactical Mission in Command at Sea

Part 1: Agencies of the Shipmaster

Part 2: The Owner

Part 3: The Shipmaster and His or Her Agency

Part 4: The Shipmaster’s Agency Contract

Part 5: Acts within the Scope of Authority.

Part 6: Torts of the Shipmaster

Part 7: Limitation of the civil commander's liability

Part 8: The Seven R’s: (1) Repudiation (and Nullification), (2) Rescission (pleaded and Cancellation), (3) Renunciation, (4) Release, (5) Ratification (And Acquiescence and Waiver) and (6) Retroactiveness

Chapter 4: THE DUTY TO THE VESSEL: The Command-worthy Vessel and Commander at Sea

Part 1: Seaworthiness

Part 2: The Conventions as to Vessels.

Part 3: Solas 78 as to the duty of the Vessel

Part 4: Security of the vessel

Chapter 5: THE DUTY TO CARGO: The Duty Safely to Carry and Contain

Part 1. Observing and Measuring Cargo
Part 2: The Bill of Lading

Part 3: SOLAS 78 Chapter VI

Part 4: SOLAS 78 Chapter VII– Carriage of Dangerous Goods

Part 5: Charterparties

CHAPTER 6: DUTY TO LIFE

Part 1: The MSC 2006

Part 2: MLC 2006 Title 1: Minimum Requirements for Seafarers

Part 3: MSCL, 2006 Title 2: Conditions of Employment

Part 4: MLC 2006 Title 3: Accommodations, Recreational Facilities, Catering

Part 5: MLC 2006 Title 4: Health Protection, Medical Care, Welfare, Social Security

Part 6: MLC 2006 Title 5: Compliance and Enforcement

Part 7: Other Lives

Part 8: The STCW 95 as Amm. 2010

Part 9: Unsafe, Dangerous and Enclosed Spaces

Chapter 7: Duty to the Voyage: The Voyage is the Mission

Part 1: SOLAS 78

Part 2: Radiocommunications

Part 3: STCW and the New Civil Commander

Part 4: International Code for Ships Operating in Polar Waters (the Polar Code)

Part 5: The Mission Must Continue: Deliver the Goods

Chapter 8: Duty to the Environments: Air and Ocean, Inside and Out

Part 1: Fire and the Internal Environment

Part 2: The External Environment and MARPOL 73/78

Ch. 9: Epilogue: The Duty to Information and the Steps to Change

Part 1: The Civil Commander

Part 2: Vessels and Command

Biography

John A C Cartner is uniquely qualified to write on the new command at sea. He is a graduate of the U.S. Merchant Marine Academy at Kings Point, New York, U.S.A; has commanded vessels in the foreign trades; and continues to hold the master mariner's certificate; is a Chartered Engineer (naval architecture); and F.R.I.N.A.and F.S.N.A.M.E. He has magisterial degrees in finance and international law; his doctoral training was in quantitative methods of research. He has served as CEO of three companies. He is a member of the District of Columbia Bar Association and the Law Society of England and Wales and has published widely in maritime and military matters and most recently a book on human rights as well as another on defending against pirates. He has received humanitarian awards for his work in defending shipmasters. He is a widely-viewed commentator on MaritimeTV.com.

This book deals with the legal position of the shipmaster, but also with the future of this position. The current legal position of the shipmaster, as well as the impact of a changing world on the concept, coined as ‘new command at sea for the civil commander’ is a fascinating and not overly explored territory.

John A. C. Cartner is exceptionally qualified to write about the present and new command at sea. He is a graduate of the U.S. Merchant Marine Academy at Kings Point, New York, U.S.A, and has commanded vessels conducting international trading. Moreover, he has magisterial degrees in finance and international law, while his doctoral training was in quantitative methods of research. He is a member of the District of Columbia Bar Association and of the Law Society of England and Wales. He has published widely about maritime issues.

In July 2022 the book from Captain John A.C. Cartner was published. The name of this comprehensive book is: ‘Cartner on the International Law of the Shipmaster; on the New Command at Sea’. This book is the successor of the book ‘The International Law of the Shipmaster’ (2009) by John Cartner (et al).

References to the well-known first edition are made in the new book, which comprises a wide-ranging review of maritime conventions, laws, regulations and jurisprudence governing the shipmaster on board his vessel. This book labels the legal duties of the shipmaster in an appropriate way. Although just released, this book will become a classic work in maritime and shipping law, worldwide.

The book is a unique source of reference for the shipmaster by providing a legal background

for the decisions he has to make. In addition, maritime lawyers, shipowners, ship operators, P&I Clubs, governmental departments and students may use this distinctive volume as a reliable and extensive handbook.

In the first two chapters, Cartner uses and explains the term ‘civil commander’ as a substitute for the shipmaster of a vessel. He describes what a civil command is and must become, while he redefines modern civil command at sea and repositions it for the current and rapidly evolving technological times. The civil commander must be brought into the overall trade and transport system as a partial solution to some of the perplexing problems posed around the current maritime trade system.

Two chapters of the book are written about the civil commander as a person and function, while eight chapters deal with duties of this function. The person of the shipmaster is described and explained as well. The shipmaster must be fit, self-competent and command-worthy according to Chapter 8 of the book.

The book has some unique points of view, regarding the position of the shipmaster. The insights Cartner provides are very useful aids to the decision-making-process for the modern civil commander at sea. Some of these unique points are described here as an illustration.

Cartner states that the civil commander at sea is a specific profession and discipline. He argues that current ships are not designed to be command-worthy or security-worthy and that management ashore should reorder its relationships with shipmasters as tactical managers afloat.

Another interesting issue is that Cartner argues that command depends on decision-making, and that nowadays the shipmaster is not always provided with sufficient, timely, relevant, and pertinent information for his command decisions.

The book comprises criminalisation of the shipmaster, but also maritime security such as piracy, refugees, stowaways and maritime law enforcement by navies and coastguards.

The book proposes to use special developed computer models of precise voyage preplanning and control, with a plan developed by the management ashore supporting the shipmaster at sea for an exact record of every command decision planned and executed for the voyage.

One may say that the position of the shipmaster, crossing so many overlapping jurisdictions with different precedence’s, maritime zones and national maritime legislations is one of the most complicated functions from a legal point of view. The book is a great help to analyse the varying legal positions of the shipmaster.

The last chapter of the book considers the nearby future of the shipmaster, based upon technological changes. With the current technology the buzzwords are no longer command–communications–computing and cost but command–communications–computing–cost and cover; cover is defence of the vessel. Vessels can be designed with artificial intelligence features, while augmented intelligence may assist commanders in taking decisions. Thus, the civil commander, the command-worthy vessel, complete information and central mission planning and control can eliminate catastrophes and reduce the frequency of disastrous incidents, according to Cartner.

This book is an invaluable reference for shipmasters, maritime lawyers, and students of maritime law. The book describes the most relevant international maritime agreements and as most of the national maritime legislations of coastal and flag states originates from these agreements, the book can be used globally.

Possessing this book may give some peace of mind knowing that almost all legal knowledge about the shipmaster has been made accessible by this book. Therefore, this complete, influential and trustworthy book can be recommended to all interested in the maritime realm, worldwide. A new classic maritime book has been born.

　

Peter van der Kruit

The Netherlands