COMDTINST 16711.12A
JUL 10 1996
board which are clearly hazardous to safety or health. Member states may also make a
report of the conditions found to the government of the country which has registered the
ship, and to the Director General of the International Labor Office. Article 4 also
requires notification of the nearest maritime, consular, or diplomatic representative of
the vessel's flag state when measures are taken to rectify conditions on board which are
clearly hazardous to safety or health, and prohibits unreasonably detaining or delaying
the ship.
6.
APPLICATION.
a.
Under generally recognized principles of international law, parties to a treaty are
required to carry out the duties and obligations specified by the terms of that treaty. By
depositing its instrument of ratification, the U.S. acknowledged certain international
duties and responsibilities under ILO Convention No. 147. For example, by virtue of our
own existing national laws and regulations, the U.S. has satisfied the requirements of
Article 2. We have established safety standards, social security measures, shipboard
conditions of employment and living arrangements, and inspection procedures for U.S.
registered vessels which are "substantially equivalent" to the Conventions listed in the
Appendix to ILO Convention No. 147.
b.
The U.S. assumed other international obligations upon ratifying this Convention.
Article 1 was specifically drafted to make the general scope of this Convention
applicable to "every seagoing ship." Article 4 provides for PSC action against any
foreign flag ship which does not conform to the standards of this Convention. Again,
under generally recognized principles of international law, terms of a treaty are only
binding upon the nations which are party to it. A treaty cannot establish obligations or
requirements for nations which are not member parties. This is affirmed in Article 6,
which states that the Convention shall be binding only upon those Members of the ILO
whose ratifications have been registered with the Director General.
c.
Nonetheless, implicit in this Convention is the desire to bring about international
compliance with its general scope and intent through the impetus of PSC. Recent
international developments
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