Australias Compliance to IMO and US Maritime Security Regulations: The Obstacles on the Way of Compliance - Essay Example

Australia’s Compliance to IMO and US Maritime Security Regulations: The Obstacles on the Way of Compliance Australia’s Compliance to IMO and US Maritime Security Regulations: The Obstacles on the Way of Compliance Introduction In spite of having several national maritime security organizations that are ethically in more or less sound harmony with the International maritime security regulations during the recent years Australia has been muddling through the pressing obstacles from the socio-political and, in some cases, the economic contexts of the country in order to achieve the highest possible compliance to the maritime security conditions of the International Maritime Organization and the US Maritime.1 In the changing context of international power politics, the rise of terrorism, arms smuggling, drug smuggling, man smuggling and lots other umbrella crisis have deeply influenced the Australian society and have fairly pushed the Australian to create the power factors regarding national maritime issues in Australian politics2. Consequently, for any democratic Australian government it is a posing dilemma and at the same time, a challenge also to face the pressures regarding the issues of maritime security rule and regulations, from internal politics and the international maritime society. In addition, the naval defence policies of Australia have a great impact on the maritime security approaches of the country complying with the international maritime security regulations. As Sam Bateman views the issues in the following manner: Managing the civil dimension of securing Australia’s maritime approaches has…been reactive, lacking in strategic vision and generally uncoordinated…with changing threat priorities…the threat of maritime terrorist attack took centre stage more recently3. In the recent years there have been some maritime incidents, such as Tampa, SIEV-X, Viarsa, Malu Sara, etc that aptly reflect the current policies for the Maritime approaches of the Australian Government. Presently the Australian policies regarding Maritime security issues is being determined and shaped by the country’s geographical position and the threats that it poses for the national security and interests. In the incident of Tampa Bateman summarizes the deviation of Australia from the internationally accepted maritime security regulation in the following lines, “For political advantage, the Australian Government ignored long-standing maritime traditions and a formal obligation under the 1982 UN Convention on the Law of the Sea (UNCLOS) to provide assistance to people and vessels in distress at sea”4 Compliance of Australia to the International Maritime Security Regulations As the present socio-political and in some cases the economic contexts of the Australia appear to be the power catalysts in Australian politics, in order to assess the level of compliance of Australian government to the International Maritime Safety organization, it would be apt to study the rules and regulations by the international body and compare it with the AMSA that is more responsible to meet the national goal complying with the pressures from the civil lines. Currently, the IMO conventions are categorized into four: Maritime Safety, Marine Pollution, Liability and Compensation and other subjects. Among the maritime safety conventions are the International Convention for the Safety off Life at Sea (SOLAS), International Convention on Load Lines (LL), Special Trade Passenger Ships Agreement (STP), Protocol on Space Requirements for special Trade Passenger Ships, Convention on the International Regulations for Preventing Collisions at Sea (COLREG) and International Convention on Maritime Search and Rescue (SAR) among others5, as it is asserted by the IMO that its sole purpose is to “maintain a comprehensive regulatory framework for shipping which includes safety, environmental concerns, legal matters, technical cooperation, maritime security and the efficiency of shipping”6. Australia’s Policies for Compliance to IMO and US Maritime As stated, there are national and local agencies created to enact the rules and regulations formulated by IMO. For Australia, this agency is the Australian Maritime Safety Authority (AMSA), which is under the oversight of the Australian government. It was created in January 1991 under the Australian Maritime Safety Authority Act 19907. It is ‘largely self-funded government agency with the charter of enhancing efficiency in the delivery of safety and other services to the Australian maritime industry”8. It is the agency that plays as part of both the IMO and the government agency. The agency identifies its role: “AMSA is committed to continuous improvement in provision of its safety and environment protection services and in maintaining constructive relations” with its stakeholders. 9 Australia’s maritime regulatory framework is based on policies and guidelines relating to ship construction standards, ship survey and safety, crewing, seafarers’ qualifications and welfare, occupational health and safety, carriage and handling of cargoes, passengers and marine pollution prevention.10 Also there is a major influence of the US led anti-terrorism war on the policy-making of the AMSA and as a potential partner of the anti-terrorist war world wide, Australia shares a long range of maritime security strategies with the USA11. Australia’s compliance to the US maritime security strategies is mainly determined by the same interest of the two countries in the anti-terrorism war. After the terrorist attack on the Twin Tower in 2001 both the USA and Australia form a major cooperation level in order to prevent the threat of terrorism, trafficking of arms by the terrorists, the proliferation of the weapons of mass destruction by the sea route. Australia is considered to be the potential partner of the USA in the Freedom of Navigation (FON) program12. The program asserts that the United States will enjoy navigation “freedoms on a worldwide basis in a manner that is consistent with the balance of interests reflected in the Law of the Sea (LOS) Convention”13. In most cases, Australia’s cooperation with the FON program occurs at the unofficial levels. To ensure better facility for reaching international standards, Australia has another agency, the National Marine Safety Committee which conducts “reviews of progress, sets priorities and endorse outcome of projects and provide recommendation to the Australian Transport Council” regarding projects on safe maritime14. “AMSA works closely with the National Marine Safety Committee to improve consistency and safety outcomes across state and territory marine authorities through the National Marine Safety Strategy”15. Maritime Standards Division and Maritime Operations Division Its Maritime Standards Division is responsible for “representing Australia in the International Maritime Organization in the development, implementation, and enforcement of international standards governing ship safety, navigation, marine environment protection, ship operations, maritime security, crew competency, training, and fatigue management”16. Maritime Operations Division is “responsible for monitoring ship, crew and coastal pilot compliance with maritime safety standards”17. These conventions and circulars are then carried out in Australian territory through the Australian Maritime Safety Authority18. It is noteworthy to investigate the division of the AMSA that ascertains the level of compliance of Australia to IMO: the Maritime Standards Division and the Maritime Operations Division. The Maritime Operation Division conducts “inspections of ships, cargoes and other related equipment to monitor compliance with standards for the condition of ships, compliance with operational, occupational health and safety and coastal pilotage requirements and the correct handling and loading of certain cargoes”19. It also monitors the compliance of Australian flagships and their operators with the “International Safety Management (ISM) code under the Safety of Life at Sea (SOLAS) Convention”.20 The division also “exercises rights under international conventions to inspect foreign flagships visiting Australian ports through State control programs”21. To promote consistency in port state control and exchange of ship inspection data with neighboring countries, the Maritime Operations Division joins regional forums. AMSA makes available all their sets of regulations shipping such as cargo handling. It also has a strong tie-up with the IMO, so that they also publish IMO publications such as: International Maritime Dangerous Goods Code (IMDG Code), (2004 ed.), MO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units (CTUs), (1997 Edition) and Code of Safe Practice for the Carriage of Cargoes and Persons by Offshore Supply Vessels (OSV Code), (2000 Edition)22. Responsibility of AMSA in Marine Environmental Protection In terms of marine environmental protection, the AMSA also has several programs, some are done independently while some are done in unity with the International Marine Organization. “The Australian Maritime Safety Authority Act 1990 specifies that AMSA’s role includes protection of the marine environment from pollution from ships and other environmental damage caused by shipping”, which is also an endeavour of the IMO. Recently, the IMO Marine Environment Protection Committee (MPEC) has started developing technical and operational measures to address greenhouse gas emissions from ships23. “The Committee approved the usage of the draft Interim Guidelines on the method of calculation of the Energy Efficiency Design Index for new ships, for calculation/trial purposes with a view to further refinement and improvement and The MEPC also held a discussion on market-based measures, and agreed to further discuss such measures at MEPC 59”24. Obviously, Australia is not just complying with the International Standards but is also spearheading very relevant projects. It is always in support of the circulars and conventions agreed by the member countries in the IMO. Cooperative Role of Australian Government with the Public Organization To enhance the seafaring further and adapt according to the needs of the country, Australia has shown independence and leadership in creating organizations that are in support of the existing government agencies. There is also a vast support from the private sector, either directly or indirectly involve in seafaring. One of these examples is the Australasian Network of Maritime Education and Training Inc (ANMET) which is “a not-for- profit association incorporated in Victoria, consisting of a number of professional maritime education and training specialist companies and institutions”25. The education and training services that it gives includes: A comprehensive range of accredited vocational programs for the maritime industry, including maritime administration/ government personnel in the shipping, fishing, boatbuilding and shipbuilding and port industries, Academic graduate and post graduate courses and research programs in international maritime policy, ocean law and management and maritime security, marine resources law particularly fisheries and oil spill preparedness and response including contingency planning, oil spill response exercises, management and equipment operational training among others26. The third one is actually one of the provisions of IMO. With the presence of such organizations, the Australian government is relived of much responsibilities of educating its people regarding proper care for the seas and safe seafaring. With an extensive website of the Australian Maritime Safety Authority, the public can also easily identify with the organization and can unite with the endeavours of AMSA, especially in adhering to the standards set by IMO. Obstacles of Australia’s Compliance to IMSR Though Australia’s national maritime security agencies are ethically in more or less sound harmony with the international maritime security regulations, Australian Government often undergo the pressures from the civil line of the country regarding the maritime security issue27. Due to these pressures often Australian maritime security policies undergoes changes and also in the past two decades these policies have undergone a lot of changes as it is asserted in Bateman et al’s study: Changes made to arrangements over the years have generally been ad hoc and in response to a specific crisis…To the extent that maritime enforcement and compliance is a system, it is one of “distributed responsibility,” often characterized by less than optimum coordination and cooperation between the agencies involved.28 Australia’s direct participation in the Anti-Terrorist war and public awareness against terrorism claims some major changes in its maritime defence that goes against some of the IMO conventions to some extent. Consequently freedom of actions for the Australian maritime security forces becomes an increasingly demanding issue in Australian politics29. So for a democratically elected government it becomes difficult to comply with the liberal and tolerant policies of the International maritime security regulations. As it is stated in the “Defence 2000 – Our Future Defence Force”: The key to defending Australia is to control the air and sea approaches to our continent, so as to deny them to hostile ships and aircraft, and provide maximum freedom of action for our forces. That means we need a fundamentally maritime strategy30. In addition, there are economic factors that push the Government to take the new path in compliance with the International maritime security regulations. The government tends to take the zero-tolerance policies regarding the safety of the onshore its oil mines and oilrigs31. As well, the current policies of the Australian Government are best reflected in some of the maritime incidents such as Tampa, SIEV-X, Viarsa, Malu Sara etc that reveal the Australia’s deviation from the maritime security regulations, as Bateman reviews them in the following line, “There have been many incidents over the years that have revealed deficiencies in the prevailing system for securing Australia’s maritime approaches”32. Conclusion Being an island country Australian maritime has a strong culture and tradition to be in harmony with the international maritime security regulations adopted by IMO and also after the terrorist attack in the United States in 2001 Australia’s participation in the Anti-Terrorism War pushed the government to comply with the US maritime convention in order to prevent the terrorist threats in the Sea. But Australia’s internal socio-political and economic contexts currently exert influence on Australia’s compliance to both IMO and US maritime. Annotated Bibliography “Australian Maritime Safety Authority”. http://www.amsa.gov.au. 9 April 2009 . The website offers extensive information about the Australian Maritime safety Authority: its creation, its functions, visions, missions and some detailed information. This website has sections on Marine environment protection, Search and Rescue, Shipping Safety, Shipping Registration and Marine Qualifications. It has links to other websites and pertinent publications on seafaring. The website has very deep information, especially on the programs of AMSA and the rules and regulations observes. Australian Government, Defence 2000 – Our Future Defence Force, Canberra: Department of Defence, 2000, 47. This source helps a lot to trance the new trend in the policymaking for Australian Maritime Bateman, Sam. “Securing Australia’s Maritime Approaches,” Security Challenges. 3. 3 (Aug. 2007): 110-125. This article relates the challenges and obstacles on the way of Australia’s maritime approaches. Also in this article, the author tries to outline the changes in Australia’s maritime policies. Bateman, Sam., Bergin, Anthony., Tsamenyi, Martin. & Woolner, Derek. “Integrated maritime enforcement and compliance in Australia”, in Towards Principled Oceans Governance - Australian and Canadian approaches and challenges, Abingdon: Routledge, 2006: 119 Bergin, Anthony. & Bateman, Sam., Future unknown: The terrorist threat to Australian maritime security. Canberra: Australian Strategic Policy Institute, 2005, 122. The effect of Australia’s alliance with the USA in the “War on Terror” can be identified from this text. The author also tries to find the thread between the terrorist threats and Australian Maritime security. Bergin, Anthony. & Haward, Marcus. “Frozen Assets: Securing Australia’s Antarctic Future”, Strategic Insights, Canaberra: Australian Strategic Policy Institute, April 2007, 12-17. In this article the authors Bergin and Anthony have led an in-depth analysis into Australia’s interest for the onshore oil mines and the threat of attack on the oil-bases. Hattendorf, John. The Evolution of the U.S. Navy’s Maritime Strategy, 1977-1986, Newport Paper 19, Newport, RI: Naval War College Press, 2004, 134. From this book, the US maritime strategy during the recent past has been reviewed and rewritten. International Maritime Organization. 2002. 8 April 2009 . This is the official website of the International Marine Organization. Since it is an international organization with 168 members and 3 associate members, it is connected to each country link or agency such as the Australian Maritime Safety Authority. It has section on introduction, newsroom, safety, marine environment, legal, human element, facilitation, technical co-operations, publications bookshop and information resources. As a regulation organization, its website contains programs and conventions plus circulars, rules and regulations. Jesus, H.E. J. Luis. “Protection of Foreign Ships against Piracy and Terrorism at Sea: Legal Aspects,” International Journal of Marine and Coastal Law, 18, 3 (2003): 363-400. National Marine Safety Committee. http://www.nmsc.gov.au. 2005. 9 April 2009 . This website is for the usage of anyone who wishes to know about the National Marine Safety Committee. It is a very informative website especially in knowing the people behind the committee. It also has the draft of the committee’s plans. It has sections on publications, work plan, national standards, national registers, legislated standards and research and data. The website also updates the people of its activities through its “News” section which contains its previous and future activities. Ortiz, Blas Delgado. 24 June 2000. 8 April 2009 . This is a relatively small website with limited information but has a lot of links such as the IMO. Schofield, Clive. Tsamenyi, Martin. & Palma, Mary Ann. “Securing Maritime Australia: Developments in Maritime Surveillance and Security,” Ocean Development & International Law, 39.1 January 2008: 94 – 112. This source has provided some information about the interaction of Australian politics with Maritime security. It has section on the current issues of IMO and the legal instruments of the organization The Australian Network of Maritime Education and Training Inc (ANMET). http://www.anmet.com.au. 9 April 2009 . This is the official website of the Australian network of Maritime Education and Training Inc, which is a non-profit organization which aims to help the government in educating marine people. This websites banners the vision and mission of the group, plus their activities. Especially, one can find here the many similarities of their activities to the IMO standard. The website has information on its projects and services and links on seafaring websites. Read More