General
How do we manage the oceans, where conflicting claims have increased significantly alongside challenges to the rule of law? With commercial shipping being attacked in the Red Sea as part of an expansion of the Israeli-Hamas conflict to the application of the “right of might” in the South China Sea, many of the world’s critical services and infrastructure can be caught in the balance.
Governance implies that nations and those “on the water” conduct themselves and manage their resources with two things in mind: the rule of law and the realization of human rights. This naturally aligns the Ocean’s Governance activities closely with other topics, such as Human Rights and Regions in Conflict.
Approaching governance involves more than well-crafted and aspirational documentation. It begins with having a sound set of values and principles that uphold the core concepts of the rule of law and human rights. Often the debate begins here. For example, who’s law applies? We see this challenge arising frequently when looking at fisheries management. The second aspect involves bringing these principles into operations.
The Association looks at this in terms of both organizational and human aspects. Finally, there is the issue of performance. Does the governance achieve what it wants to achieve? Has it been twisted to some undesirable effect? For example, when considering fisheries protection, does using geographic boundaries make sense as fish stocks requiring protection move out of those protected areas? Similarly, does the fact that the vulnerable stocks have moved into “less protected space” mean that those operating outside those areas should be held blameless for that stock’s depletion? The Association considers these issues part of its core activities in conjunction with its various academic and regulatory partners.
The International Association of Maritime Security Professionals has engaged these issues head-on over the past fifteen years and will continue to do so. Ranging from one of the first accepted use of force doctrines in the 2010 anti-piracy campaigns to efforts working collaboratively with other associations, the Association continues to promote the fair rule of law on the seas.
References
International Maritime Organization List of Conventions. This is a list of all major conventions in force through the IMO.
United Nations Convention on the Law of the Sea. This is the cornerstone document guiding nations with respect to what constitutes acceptable use and behaviour in the maritime domain.
International Maritime Organization’s Safety of Life at Sea (SOLAS). This treaty deals with the safety of merchant ships. Security controls are often incorporated into SOLAS as amendments.
International Ship and Port Facility Security Code (2003 version). This document describes the main elements of port and ship security.
International Maritime Organization Port State Control (PSC). This looks at port state activities with respect to inspection of ships and also has a list of sites to the various PSC Memoranda.