International Maritime Security Law Books Pdf File
Having entered into force under SOLAS chapter XI-2, on 1 July 2004, the International Ship and Port Facility Security Code (ISPS Code) has since formed the basis for a comprehensive mandatory security regime for international shipping. The Code is divided into two sections, Part A and Part B. Mandatory Part A outlines detailed maritime and port security-related requirements which SOLAS contracting governments, port authorities and shipping companies must adhere to, in order to be in compliance with the Code. Part B of the Code provides a series of recommendatory guidelines on how to meet the requirements and obligations set out within the provisions of Part A.
International Maritime Security Law books pdf file
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Since the publication of IMO's 2012 edition of the Guide to Maritime Security and the ISPS Code (the Guide), developed to assist SOLAS Contracting Governments, port facility personnel and the shipping wider shipping industry, IMO, through a Global Maritime Security programme that is part of the Organization's Integrated Technical Co-operation Programme (ITCP, develops and implements a comprehensive technical cooperation projects and activities worldwide, with the Guide as a basis. The focus is primarily on assisting States in the implementation, verification, compliance with, and enforcement of, the provisions of the IMO maritime security measures, including the ISPS Code and SOLAS chapter XI-2, counter-piracy initiatives, the SUA Convention and Long-range Identification and Tracking (LRIT).
The 2012 Guide is a compendium of maritime security related information, drawn primarily from IMO sources. It is comprised of the ISPS Code's non-mandatory Part B, as well as a variety of maritime security related IMO resolutions, circulars and circulars letters, a full list of which is provided in Appendix 1.2 of the Guide (IMO Guidance material on Maritime Security Measures, 1986 - 2011). In particular, the Guide assists port facility personnel with security duties and shipping company employees with security duties in ports, port facilities and on board ships. Through it, all relevant stakeholders possess a consolidated and comprehensive source of guidance material, which also contains appropriate linkages to other ongoing IMO initiatives.
Preparatory work including the formulation of an initial draft ILO/IMO Code of practice on security in ports, was undertaken by an informal ILO working group on maritime security, in which the IMO Secretariat, Worker's representatives and representatives from governments and the industry participated.
The question of when and how international orders change remains a pertinent issue of International Relations theory. This article develops the model of pragmatic ordering to conceptualise change. The model of pragmatic ordering synthesises recent theoretical arguments for a focus on ordering advanced in-practice theory, pragmatist philosophy, and related approaches. It also integrates evidence from recent global governance research. We propose a five-stage model. According to the model, once a new problem emerges (problematisation), informality allows for experimenting with new practices and developing new knowledge (informalisation and experimentation). Once these experimental practices become codified, and survive contestation, they increasingly settle (codification) and are spread through learning and translation processes (consolidation). We draw on the rise of the maritime security agenda as a paradigmatic case and examine developments in the Western Indian Ocean region to illustrate each of these stages. The article draws attention to the substantial reorganisation of maritime space occurring over the past decade and offers an innovative approach for the study of orders and change.
A landmark publication that sets out all the statutes, executive orders, legal issues, and models that are relevant to public-private partnerships. It covers the law as it relates to counterterrorism and non-proliferation, mobility and maritime security, health and special weapons, disaster preparedness and response, and protection of cyber and critical infrastructure.
Includes a range of the main challenges to security at sea: illegal, unreported and unregulated fishing and fisheries crime; smuggling of illicit goods; migration and human trafficking; piracy and armed robbery at sea; maritime boundary disputes; and cyber security at sea
Prior to the issuance of this presidential decree, each ministry or agency would come up with its own analysis of what constitutes maritime security. This would sometimes create diverging perspectives to tackle maritime security issues, as each ministry and agency preferred to use their own understanding and practical abilities in mitigating maritime security issues. While it did not define maritime security, the decree did provide for a common conceptual understanding. The understanding that maritime security, maritime defense, and maritime safety must synergize to achieve the desired effect that is to foster a strong, effective maritime law enforcement agency, and strong maritime culture.
National regulations, decrees, or instructions would only mention the importance of security, whether it is on the maritime domain, or on maritime navigation, but these did not discuss what could be considered as maritime security.
There was one law during the New Order period that alludes to the use of the term security within the maritime context, this was written under Law No. 6/1996 on Indonesian Territorial Waters. As was the custom back in the New Order era, the term security would always use in conjunction with the term defense. Hence, you would always see that defense and security are considered to be interchangeable. This was born due to the insecurity of the New Order regime that the biggest insecurity for Indonesia would come from its domestic population. Hence, the law stresses the fact that no foreign intervention via our territorial waters shall be tolerated should it seek to conduct propaganda or espionage activities.
While a concern throughout history for nation states, maritime security has evolved significantly since the early 2000s, when in particular concerns over terrorist attacks on port facilities sparked interest in security in the maritime domain and led to the creation of the International Ship and Port Facility Security Code.[5] The ISPS Code is enforced through Chapter XI-2 of the SOLAS Convention.[5] Most littoral states and international organisations have also outlined maritime security strategies. It is in particular piracy in Southeast Asia, off the coast of Somalia and in West Africa which has triggered recognition for the detrimental effects of maritime insecurities for economic development, human security as well as the environment.[6] Maritime security is often transnational and goes beyond the maritime domain itself (see liminality). It is characterized as being cross-jurisdictional and/or highly jurisdictional complex.[1]
Historically, the sea has been subject to different concepts of law and power. The term mare nostrum (our sea in Latin) was coined by the Romans in 30 BC to 117 AD as a term to describe its control of the Mediterranean Sea. From this concept of the sealing of a sea, the legal concept of mare clausum (closed sea in legal Latin) was developed during the age of discovery between the 15th and 17th century. The sea became a restricted space, organised between Portugal and Spain. Maritime activity was exclusively reserved for the enhancement of national security through naval military.[7] In 1609, Hugo Grotius, a Dutch philosopher and jurist, published the book mare liberum where he introduced the concept of the free sea (mare liberum is translated to free sea in legal Latin). In his book, Grotius laid out the foundation of the freedom of navigation at sea. The sea was seen as international territory, where every nation was free to conduct trade.[8]
As a concept and agenda maritime security has evolved since the late 1990s and early 2000s. In particular concerns over terrorist attacks on port facilities sparked new security interests in the maritime domain. Notable events influencing the maritime security paradigm are the USS Cole bombing[10] in 2000 and the September 11 attacks in 2001.[7] Several states and international organisations have since outlined maritime security strategies. Many best practices and standards regarding physical maritime security like the ISPS Code from 2002 as a consequence of the attacks have been published by regulating authorities or the maritime industry.[11] In the light of the perceived terrorist threat, the scope of the maritime security concept began to broaden from the narrow focus on interstate military confrontation to include other issues.[12] (See also critical security studies)
It is in particular the surge of piracy during the early 2000s in Southeast Asia, off the coast of Somalia and in West Africa which has triggered recognition for the detrimental effects of maritime insecurities.[13] As a result of the economic costs for world trade and the physical threats to seafarers, maritime security gained a significant increase of attention by the shipping industry, insurers and policy makers around the world.[4] Piracy was also the starting point of many international relations scholars for approaching maritime security as a concept.[7][13][14] In the wake of the Mumbai Terrorist attack in November 2008, an Indian scholar even lamented the serious lack of maritime vision in his government's policies to preserve India's expanding interests, thereby coining the catch-phrase "sea-blindness".[15]
Maritime security is facilitated at sea and in ports by several international regulations and codes from the International Maritime Organization.[18] The primary Code is the International Ship and Port Facility Security Code which entered into force in 2004.[19] The United Nations Convention on the Laws of the Sea (UNCLOS) which took place in 1984 gives a framework to piracy prohibition.[20] Since 2008, the United Nations Security Council edited some Resolutions concerning the specific Somali case like for example the 1846th in 2008 and the 1918th in 2010,[21] in order to make member countries put piracy as a penal crime in their domestic legislation. Those resolutions were ratified, but despite ratification, few countries have applied that resolution in their domestic law. In 2011, NATO put the maritime security issue in its Alliance Maritime Strategy objectives.[22]