The regulation of ship safety in Tanzania: a critical assessment of the law and practice

Since time immemorial transportation by ships has been a global activity connecting the continents and affording the cheapest and most reliable means of conveying large numbers of passengers and goods to and from different countries. It is in this regard that maritime safety has attracted a lot of attention in the form of standards under the ambit of public international law, enforced on ships and in ports by sovereign States mainly vide the principles of Flag State Control and Port State Control. However, the regulation of maritime safety is dynamic and not static; it changes to accommodate technological improvements in ship designs and new accident deterrent measures from accident investigations and risk assessment studies. This leads to the enactment of new laws to regulate safety of ships at sea. The aim of this study was to critically assess by way of research the law and practice of the regulation of ship safety in Tanzania in order to ascertain its adequacy and efficacy as measured against the international maritime safety regulations and standards. The study entailed research in the laws and practice pertaining to maritime safety globally and as applied to Tanzania. The research findings led us to conclude that there are serious shortfalls in our maritime safety regulations, starting from how Tanzania allocates her flag to ships registered in Tanzania and how the ships are administered. Several recommendations have been proposed in order to harmonise our ship safety regulations and bring them in line with the minimum international law obligations that Tanzania has committed herself to undertake.