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   Maritime Governance
  Governance overview
D2.1.3 Maritime Governance Consolidation Study ILS 19June10.pdf

Heather McLaughlin - INLECOM

Maritime governance derives from an institutional framework with jurisdictions at international, national, regional and local level. Its global reach dictates the need for an international perspective, but at the same time policies have to be effectively applied at a variety of lower jurisdictions. 

At the international level, the International Maritime Organisation (IMO) focuses on safety, the environment and security, and the International Labour Organisation (ILO) on issues affecting maritime labour.   Regional policy-making is influenced and affected by the European Union (EU), the North American Free Trade Agreement (NAFTA) and the Association of South East Asian Nations (ASEAN).  These regional bodies are often engaged in the interpretation of higher international regulations and refining them for application to their own member states. At times this can create conflict between regional and national interests.

This study focuses on governance issue for the maritime industry.  It begins with a discussion of regulation and the regulators (Sections 2 and 3) before considering the difficulties posed by ownership and registration (Section 4).  Section 5 explores the challenges for governance and policy making and Section 6 analyses port governance. Conclusions are drawn in Section 7.

EU Policy

An aspiration of an EU Integrated Maritime Policy is to change the way in which policy is made and decisions taken to create the necessary interaction between the various sectors and to ensure that common tools are developed. The Commission proposes ‘an Integrated Maritime Policy for the European Union, based on the clear recognition that all matters relating to Europe's oceans and seas are interlinked, and that sea-related policies must develop in a joined-up way if we are to reap the desired results’(p.2). To this end, integrated maritime policy guidelines have been issued to Member States which include recommendations for setting up a maritime governance system based on international good practice. These guidelines are based on common elements observed around the world and are aimed at encouraging Member States and other players to take steps towards adopting an integrated approach to sea-related affairs within their governance frameworks.

Greater coherence between different policy areas and approaches is particularly needed:

·          to avoid duplication of regulatory powers of different national or regional authorities in the Member States and to create a one-stop-shop approach in each Member State

·          for reliable and comparable statistics to inform maritime policy making on all levels

·          to facilitate closer coordination on maritime surveillance between, and within, Member States.

Member States have, in turn, made a commitment to make information available on a website which detail the way in which maritime strategies have been developed and the dialogue with stakeholders.

Such coherence would greatly facilitate the development of e-Maritime solutions. Conversely e-Maritime capabilities will facilitate the development of new forms of governance frameworks.

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   Glossary Terms


Anglo Saxon Port Model
The Anglo-Saxon model sees the port simply as a commercial activity. Management control of the port is a private undertaking with the primary objective to earn profits
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Association of South East Asian Nations (ASEAN)
ASEAN is a geo-political and economic organization of 10 countries located in Southeast Asia, which was formed on 8 August 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand.
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Flag State
A vessel is regulated by the flag state not the country of ownership. The Flag State imposes law and regulation on their seafaring community. Such regulations have a serious influence on the living and working conditions at sea - recruitment issues, conditions of employment, and health and social security.
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Governance encompasses the framework of rules, relationships, systems and processes within, and by which fiduciary authority is exercised between the industry and the regulator
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International Maritime Organization (IMO)
IMO is a specialised agency of the United Nations with 169 Member States and three Associate Members, based in the United Kingdom with around 300 international staff. Its committees and sub-committees are the focus for the technical work to update existing legislation or develop and adopt new regulations.
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International Safety Management (ISM) Code
The ISM Code provides an International standard for the safe management and operation of ships and for pollution prevention. The purpose of ISM Code is: to ensure Safety at Sea: to prevent human injury or loss of life: to avoid damage to the environment and to the ship.
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International Ship and Port Facility Security (ISPS) Code
International Ship and Port Facility Security (ISPS) Code, made mandatory under amendments to SOLAS and adopted in 2002. This is a comprehensive security regime for international shipping.
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MARPOL 73/78
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78). This covers accidental and operational oil pollution and pollution by chemicals, goods in packaged form, sewage, garbage and air pollution.
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Open Register
Open register can be defined as any flag state which does not require a substantial fleet for its own commercial purposes, but offers a legal base in return for fees from non-nationals to register tonnage which they own or control. There is the additional inducement of limiting the level of nationalised regulation, both fiscal and operational, particularly the terms and conditions of employment of non-national seafarers.
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Port State Control
Port State Control (PSC) is the inspection of foreign ships in other national ports by PSC officers (inspectors) for the purpose of verifying that the competency of the master and officers onboard, the condition of a ship and its equipment comply with the requirements of international conventions and that the vessel is manned and operated in compliance with applicable international law.
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United Nations Conference on Trade and Development (UNCTAD)
The United Nations Conference on Trade and Development (UNCTAD) was established in 1964 as a permanent intergovernmental body. It is the principal organ of the United Nations General Assembly dealing with trade, investment, and development issues.
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Voluntary IMO Member State Audit Scheme
The Audit Scheme is designed to help promote maritime safety and environmental protection by assessing how effectively Member States implement and enforce relevant IMO Convention standards, and by providing them with feedback and advice on their current performance.
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  UCTAD Guidelines for Port Privatisation.pdf
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   Lessons Learned
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   Information Sources
  UNCTAD Review of Maritime Transport 2011
The PortEconomics Initiative
EU strategy to improve maritime governance in the Mediterranean Sea
STCW Information
IACS International Association of Classification Societies
Industry Governance Institute (IGI)
ILO: International Labour Organisation
IMO- International Maritime Organisation
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   Related Policies
  Guidelines for Integrated Governance COM(2008) 395
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