The Titanic disaster and international law
This weekend is the 100th anniversary of the sinking of the Titanic. On April 14, 1912, the RMS Titanic, while on its maiden voyage from Southampton, England to New York City, struck an iceberg. It sank in the early morning on April 15. Over 1,500 passengers and crew perished in the freezing waters of the North Atlantic. The Titanic disaster led to adoption of the first International Convention for the Safety of Life at Sea, SOLAS, in 1914 (revised in 1929, 1948, 1960, and 1974) , and the creation of the Inter-Governmental Maritime Consultative Organization (IMCO) in 1948, which became the International Maritime Organization (IMO) in 1982. However, as IMO Secretary-General, Koji Sekimizu, noted in a video message:
“[N]ew generations of vessels bring fresh challenges and, even today, accidents still occur, reinforcing the need for continual improvement. Our efforts to promote maritime safety and, in particular, to avoid such disasters befalling passenger ships as Titanic, will never end. Today, on the 100th anniversary of that disaster, let us remember those who lost their lives in the freezing waters of the North Atlantic on that fateful night of 14 April 1912 and reflect on the dangers and perils still associated with sea voyages today.”
For further reading:
Kelly Buchanan, “Failure to Update the Law a Titanic Mistake“, In Custodia Legis (Law Library of Congress blog)(links to U.S. Senate Investigating Committee and UK Wrecking Commissioner inquiry reports, historic laws, treaties, and related other publications).
Comment, “Limitation of Shipowners’ Liability: Substance or Procedure? “, 17 University of Chicago Law Review 388, 389, 393-395 (1949-1950)(via HeinOnline)(suggests that The Titanic case be re-examined).
IMO: 100 Years after the Titanic (links to “Surviving Disaster: The Titanic and SOLAS” graphic in PDF).
Arthur K. Kuhn, “International Aspects of the Titanic Case, ” 9 American Journal of International Law 336 (1915) (via HeinOnline)(discusses U.S. federal and foreign case-law on shipowner’s liabilitiy for accidents at sea, including The Titanic case, Oceanic Steam Navigation Co. v. Mellor, 233 U.S. 718 (1914)).
Thomas A. Mensah, “International Maritime Organization“, Max Planck Encyclopedia of Public International Law Online.
James E. Mercante, “In the Wake of ‘The Titanic’: An Unsinkable Law,” New York Law Journal, April 12, 2012.
Everett P. Wheeler, “International Conference on Safety of Life at Sea,” 8 American Journal of International Law 758 (1914)(via HeinOnline).
You can use Lens to locate documents and reports on international conferences on the safety of life at sea available via Hathi Trust, The Making of Modern Law, and ProQuest Congressional. See for example, the April 10, 1913 letter from the Secretary of Commerce on the need to have enough life-boats for every passenger and efficient water-tight divisions of hulls for vessels.
