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Quality Management

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QUESTION 1 : WHERE DOES THE FLAG STATE AND PORT STATE JURISDICTION COMPLIMENT & CONTRADICT WITH EACH OTHER. GIVE A FEW EXAMPLE TO STREGTHEN YOUR CASE

In an effort to enhance broader security issues, especially good governance, anti-trafficking, anti-corruption and counter-SALW proliferation, Port States take measures to prevent unwanted vessels, including those with armed security teams, from entering and disembarking at their ports. Port State control complements the obligation of Flag States to inspect and control vessels by undertaking investigations or verification of vessels calling at their port to ensure compliance with international obligations or standards. In the event of transgressions, violators can be forced to pay reparations to the Port State, which can arrest or even blacklist their vessels.
Flag State maritime security regulations, however, generally only cover issues such as the types of weapon systems that can be brought onboard, how many guards can be embarked, certification requirements and background credentials for embarked PCASP and, in some circumstances, application procedures to gain Flag State approval for taking a security detail onboard. However, these Flag-State restrictions do not address other pertinent issues such as embark and disembark procedures for PCASP, which frequently take place in countries other than the Flag State, Rules for the Use of Force, oversight and reporting protocols, and code of conduct.

QUESTION 2 : HOW COULD MALAYSIA PROVIDE SAVE CARRIAGE OF DANGEROUS & HAZARDOUS CARGOES FROM ITS POINT OF DISCHARGE AT THE PORTS TO ITS FINAL DESTINATIONS AT THE REPECTIVE PLACES.
The transportation of dangerous goods is controlled and governed by a variety of different regulatory regimes, operating at both the national and international levels. Prominent regulatory frameworks for the transportation of dangerous goods include the United Nations Recommendations on the transport of dangerous goods, ICAO’s technical instruction, IATA’s Dangerous Goods Code. Collectively, these regulatory regimes mandate the means by which dangerous goods are to be handled, package, labeled and transported.
Classification of dangerous goods is broken down into nine classes according to the type of danger materials or items presents: - Explosives - Gases - Flammable liquids - Flammable solids - oxidizing substances - Toxic & infectious substances - Radioactive material - Corrosives - Miscellaneous dangerous goods
In Malaysia, dangerous goods must be labeled clearly so that people will not easily use it. The package also sealed and transports it with vehicles that have escort team. Sometimes, they just bury them into the soil so that it will not harm people. The vehicle used was designated special to avoid the carriage explode or something bad happen.
QUESTION 3 : HOW DO SHIP-OWNERS MAKE CLAIMS WHEN THEIR SHIP'S ARE IN COLLISION ACCIDENT

• The liability is to be allocated among the responsible ships based upon the degree of their fault. This liability will include salvage or any further expenses caused as a consequence of the fault of a ship. In circumstances where it is impossible to determine different degrees of fault the loss shall be equally divided. A party or person who is a non contributor to the fault has been relieved totally from any liabilities arising out of claims under these rules. Thus making the non guilty immune from contributing to losses or damages as far as it is established in his favor. • If loss of lives or personal injuries occurs to any person onboard ship due to fault of his own ship or any other ships, the owners of the ships concerned are jointly accountable for it. However, the owners have full authority for their defense and to lawfully restrict their liability against a claim by an injured or deceased person or by any other body representing the victims. • If several owners are involved in a contribution and if one of the owners contributes excess amount than his share, he shall have same rights and powers as if a victim claiming money from rest of the ship owners. The right to sue the ship owners involved is transferred here to an individual ship owner if he has contributed in excess of his share as contribution towards damages for the victim. While they offer a fault based approach for apportioning of losses, a part of it also deals with obligations upon master in case of collision. • These rules are appropriate to demarcate the parties involved with respect to contributions towards loss of both life and property, personal damages, however for environmental protection no specific guidelines have been provided in this section. They also clearly draw an outline to separate claims pertaining to General Average, Salvage and the International Convention on Civil Liability for Oil Pollution Damage, 1992 by implying their non applicability to the section 352A

QUESTION 4 : WHEN ACCIDENT BETWEEN VLCC TANKER AND A NUCLEAR SPENT FUEL CARRIER HAPPENS WITHIN THE MALACCA STRAITS, AND AS THE HEAD OF THE RESCUE OPERATION WHAT WILL YOU DO TO RESOLVE THE ACCIDENT
As the head of the rescue operation, first of all I will contact all the agencies related to the cases so that they can do their own works. The rescue team will rescue all the passenger or crew of the ships. Nuclear agency HAZMAT team and MARPOL will act first to clean all the dangerous and hazardous waste inside the water. There is very dangerous and it can cause very bad pollution. They will do the cleaning work because it is very difficult and those who have followed the course only know the steps to clean it.
Oil spills can be extremely hazardous and environmentally threatening, and need to be contained and cleaned as soon as possible. When an oil spill occurs, the oil floats and forms a millimeter thick layer on the surface of the water. Timing is crucial to prevent the slick's spread.
There are some basics that we need to know to clean up the mess such as using booms, and collect the oil from the surface of the water using skimmers, use dispersants to break down the oil, add biological agents to the spill or let the oil break down naturally.
As the head of the rescue team, I will check the suitable method to use before I act because every precaution step has their own risks. If the spills not chronic, I just let the natural break down the oil.

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