Ecuador is party to several international conventions. Some of them are now mentioned. Basically, in 2012 Ecuador ratified the accession to the United Nations Convention on the Laws of the Sea (UNCLOS 1982), also known as the Constitution for the seas.

As for the named four pillars of maritime law regulation, Ecuador is party to The International Convention for the Safety of Life at Sea (SOLAS 1974) and its 1988 Protocol which relates to minimum safety in relation to construction, equipment and operation of merchant vessels. Besides, it is party to the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78), including Annex 1 (oil and oily waters), II (Noxious Liquid Substances Carried in Bulk by tankers), III (Harmful Substances Carried by Sea in Packaged form), IV (Sewage from ships), and V (Garbage from ships), not being party of the Annex VI (air pollution by ships).

In addition, Ecuador is party to The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 1978), but non party to the 1995 amendments. The same occurs with the STCW-F which was created in relation to fishing vessel personnel.

Finally, Ecuador is not party to The Maritime Labour Convention MLC 2006 nor to the Work in Fishing Convention 2007. Anyway, in relation to the MLC the Constitutional Court in March 2017 approved its terms. Therefore, the Convention is pending to be approved by the legislature.

In relation to maritime commerce, Ecuador is party to the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (The Hague-Visby Rules). Multimodal transportation (including transportation by sea) related to consignments to or from the Andean Countries is regulated under Decisions 331 and 393 of the Andean Community.

Previously, as a regional intention to unify the law, several South American countries, signed in 1928 the Sanchez de Bustamante Code for Private International Law. Ecuador ratified this Code in 1933 with the reserve that it was accepted in all parts not in opposition to the Constitution and the law. The Code includes in its third title provisions related to maritime commerce (Bustamante Code 1928).

In regard to collisions, Ecuador adhered to the COLREGS – International Regulations for Preventing Collisions at Sea 1972, but not in the case of The Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels, 1910 (The Brussels collision convention). Concerning arrest of ships and maritime liens Ecuador is party to the International Convention on Arrest of Ships,1999; The International Convention on Maritime Liens and Mortgages, 1993 and to the Maritime liens and arrest of ships regulations 487 and 532 by the Andean Community.

   Enviar artículo en formato PDF