Port Security Problems - Coursework Example

Introduction: This paper gives a critical analysis on the challenges that developing countries face, while implementing various international legislations, regarding port security. It further identifies and analyzes the various measures that these ports should undertake, for purposes of overcoming these challenges, and implementing the international legislations that guide the operations of the ports (Wood, 2002). The international institution that has the responsibility of coming up with legislations that guide the operations of the ports, is the International Maritime Organization (IMO). The IMO was formed in the year 1948, and it began its operations in the year 1959. The headquarters of the organization is in London, and the organization has approximately 171 members, who are state organizations (Bhala, 2001). The main purpose of the IMO is to maintain and develop a comprehensive regulatory framework that regulates the shipping industry. The major issues that concerns the IMO includes, environmental concerns, maritime security, technical cooperation, legal matters, and developing an efficient shipping system, or industry. Despite the existence of the IMO, and its bid to enact laws aimed at promoting cooperation between various ports in the world, ports found in developing countries face numerous challenges. International Legislations on Ports: The IMO has the responsibility of drafting policies and measures aimed at ensuring that the various ports in the world are secure, and efficient in the manner which they are running their operations. Take for example on issues of technical cooperation. The IMO has the responsibility of coming up with measures and policies aimed at ensuring that the various ports in the world, have enacted policies that can help them interact with other ports (Carr and Stone, 2005). Most of this cooperation would come in the form of security cooperation, whereby the management of the ports works together for purposes of securing their ports. Take for example, the Indian Ocean sea route, which is serviced by two major ports in East Africa. These ports are the Port of Dar es Salaam and the port of Mombasa (Hudec, 2002). These two ports normally collaborate with each other, and this is regarding the security of ports, the delivery of products, and other issues regarding efficiency in the management of ports. The IMO is an organ that is responsible for writing and producing more than 60 legal instruments that are responsible for regulating the cooperation between its members, and the security of the sea. One of the most important laws and regulations touches on the safety of life at sea. This is known as the SOLAS. Other laws include the OPRC which touches on the response, cooperation, and preparedness of oil pollution, and legislations touching on the removal of wrecks (Bhala, 2001). The regulations that are enacted by the IMO are always enforced by the local and national maritime authorities, which are controlled by member countries. The IMO also depends on its own agencies for purposes of controlling and securing the ports. An example is the use of the Port State Control authority, which is responsible for authorizing domestic maritime institutions, such as the coast guards to inspect foreign ships that dock at various ports in the world. Challenges Faced by Ports in Developing Countries: The ports in the third world countries are facing a series of challenges and problems. One such challenge is their capacity to handle a large volume of cargo or shipping products. This means that the port under consideration will be overwhelmed in circumstances whereby there are large volumes of shipping products. This in turn will affect the efficiency which the port under consideration manages to offer its services. Take for example the port of Mombasa. The present container terminal at the port of Mombasa was designed for purposes of holding approximately 250,000 container units, in any given year. In the year 2010, the port of Mombasa was able to handle approximately 695, 816 container units (Hudec, 2002). This means that then port was overstretched, and this limited its capacity to effectively and efficiently handle the various cargo and containers that were present at the port. In fact, lack of efficiency in the delivery of services is one of the major challenges that affect the port of Mombasa. The port is accused on numerous occasions of delaying to release the cargo or products to its owners. This arises because the port has many cargos to clear, and it overwhelms the staff at the port. It is because of this factor, that many people are now using the port of Dar es Salaam, as an alternative to the port of Mombasa. This is because the port is viewed as efficient in the discharge of cargo and containers (Grimwade, 2000). Based on this fact, there is a view that these two ports are competing for influence and customers, as opposed to collaborating with one another, in order to provide efficient shipping services to customers. This is one of the principles of the IMO which seeks to establish policies and legislations aimed at ensuring that ports collaborate with one another, for purposes of providing services. Competition amongst ports is unhealthy, mainly because the ports would fail to share crucial information that can help to safeguard, and protect the ports under consideration (Hudec, 2002). Security is another important challenge that Ports in developing countries are faced with. Take for example, in the Indian Ocean, where piracy was rampant. Somali pirates were able to operate with impunity, attacking ships, and holding hostages for ransom. This made it very expensive form ships to travel to the various ports, found in the Indian Ocean (Bhala, 2001). The ports that were greatly affected include the Port of Dar es Salaam, the Port of Mombasa, the Port of Somalia, etc. Due to these insecurities, most traders’ preferred to use the South African ports of Johannesburg. How to handle terrorism is also another challenge, facing ports in developing countries. For example, Nigerian ports are vulnerable to terrorism activities, carried out by the terror group Boko Haram. This is because the group aims at paralyzing the Nigerian government, and controlling its oil revenue for purposes of sponsoring its rebellion against the government. Impact on the laws: One of the most important international legislation on port security is the International Convention on the Safety of Life at Sea (SOLAS). This is an important legislation, that sets the minimum safety standards that ports and shipping companies should enact, while undertaking their businesses (Trebilcock and Howse, 1999). The SOLAS is the most important international treaty that regulates and identifies the manner which the safety of merchant ships should be conducted. Take for example chapter five of the SOLAS treaty. Under this treaty, all government needs to ensure that ships and their ports are efficiently and sufficiently managed for purposes of ensuring that there is security (Bhala, 2001). Furthermore, this treaty is able to place a requirement on any vessel regarding the planning of their voyages. This is to ensure that there is maximum security for their passengers and products. During the periods of piracy in the East African waters, the IMO required that any ship plying this route, had to have security insurance, and armed guards, escorting the ships to their destinations. Furthermore, all ports had to ensure that it was safe for the ships to dock, and this required the ports to provide security at their harbors (Carr and Stone, 2005). Furthermore, it is the responsibility of the ports to provide assistance to ships or vassals that are in danger, or have provided some distress call. By carefully scrutinizing this act, it is prudent to denote that one of the major duties of ports is to provide security to various vassals that harbor at its docks. With the emergence of terrorism and piracy, it is difficult for the developing countries to provide this service. Take for example with the emergence of piracy at the East African Coast (Stoll and Schorkopf, 2006). The Kenyan and the Tanzanian government were unable to end this menace, and instead, countries such as the United States, India, and China sent their navies to end piracy at this coast. It is only after their actions, that the East African waters were safe to navigate (Grimwade, 2000). The competition between ports, also affects the security of the ports under consideration. This is because they would fail to share some crucial information that could be of great importance in promoting the security of a given port. This would go against the provision of the SOLAS treaty which specifies that member states have to collaborate for purposes of ensuring the security of vessels and ships. How to Overcome the Challenges: In overcoming these challenges, the central government has to play a great role in the management of these institutions. One of the important roles that the central government should embark on, is the enactment of laws, aimed at giving these institutions an independent capability. This means that the ports under consideration would be free to independently come up with policies aimed at safeguarding their harbors. This includes establishing a port police, which has powers and capabilities of acting as coast guards (Bhala, 2001). It is important to explain that most third world countries rely on the navy to protect their ports, as opposed to coast guards. This therefore means that these countries ought to invest in security, by coming up with coast guards. They should have the responsibility of escorting ships, and eliminating any threats that could compromise the safety of the ships, and the ports (Carr and Stone, 2005). Another suggestion is to eliminate rivalry amongst ports, and come up with measures aimed at encouraging cooperation. This includes on logistics, security, and any other area of mutual benefit. Conclusion: In conclusion, the security of the ports is of paramount importance if the international community has to succeed in promoting commerce. However, the developing countries normally experience a variety of challenges that can compromise their ability to effectively secure their ports. These challenges include port congestions, vulnerability to terror and pirate attacks, and competition or rivalry amongst the ports. If these challenges are solved in an efficient manner, then chances are high that the state under consideration will manage to secure the ports. Bibliography: Bhala, R. (2001). International trade law: Theory and practice : With accompanying international trade law handbook and teachers manual (2nd ed.). New York: Lexis Pub. Top of Form Bottom of Form Carr, I., & Stone, P. (2005). International trade law (3rd ed.). London: Cavendish Pub. Top of Form Bottom of Form Grimwade, N. (2000). International trade new patterns of trade, production & investment (2nd ed.). London: Routledge. Top of Form Bottom of Form Hudec, R. (2002). The political economy of international trade law essays in honor of Robert E. Hudec. Cambridge: Cambridge University Press. Top of Form Bottom of Form Stoll, P., & Schorkopf, F. (2006). WTO world economic order, world trade law. Leiden: Martinus Nijhoff. Top of Form Bottom of Form Trebilcock, M., & Howse, R. (1999). The regulation of international trade (2nd ed.). London: Routledge. Top of Form Bottom of Form Wood, D. (2002). International logistics (2nd ed.). New York: AMACOM. Read More