The Enduring and Evolving Legal Legacy of the Titanic: An Inquiry into Marine Casualty Investigations and Self-incrimination

摘要

Given that the Titanic fully complied with the requirements of the Merchant Shipping Act 1894-1906, it is a sad but true reflection that some of the most valuable safety lessons are only learned from loss of life and property at sea despite continuing technical advances in ship safety. This article focuses on casualty investigation, which is a fundamental responsibility of states parties not only to the Safety of Life at Sea Convention (SOLAS 1974), but also to the International Convention on Load Lines 1966, the International Convention for the Prevention of Pollution from Ships and the Law of the Sea Convention 1982. That safety at sea can be "enhanced by timely and accurate reports identifying the circumstances and causes of marine casualties and incidents" which can lead to "greater awareness of casualty causation and result in remedial measures" is axiomatic. The question is: how best are such reports to be produced?