The Shaping of Maritime Policy - Coursework Example

SHAPING OF MARITIME POLICY: INSIGHT INTO FACTORS AND INFLUENCES By Location Shaping of Maritime Policy: Insight into factors and influences There are many policies that govern various human activities and determine how they conduct themselves in differing situations. The paper seeks to discuss the maritime policy and how it has evolved. It also focuses on the challenges facing the implementation of the newly formulated maritime policies. The maritime security and issues like the sea piracy and Illegal Unregulated and Unregulated fishing are also dealt with in the paper. A policy is a course of action made by a government, a political party, or a business institution meant to influence and determine actions, decisions, and other matters. The policies made can be good or bad depending on how they affect the working of a given institution. Good policies aid in making the functioning of a body to be smooth and improve its output. On the hand, bad policies hinder the working of the institution and make the lives of those being affected by those laws to be hard. Maritime policy is the policy that affect the shipping industry and determine the activities that are carried out in that that industry. Difficulties Facing the Implementation of the Formulated policies Over the years, the formulation of the maritime policy has been an easy process compared to the implementation of the same policy. This has been attributed to various reasons the main problem being the lack of resources and means to undertake the implementation process (Fabbri, 1992, P.166). The implementation is hindered by the fact that many people are not interested in marine issues unless it is something like a sea accident. In many countries, matters related to marine fall within many sectoral divisions that are concerned with various marine resources and uses. The resources are under the authority of a different departments which produces the fragmentation of efforts that are directed in the implementation of a policy (Fabbri, 1992, p. 167). The maritime policies are formulated then implemented based on sectors without interagency consultation which makes it hard to carry out a policy. Therefore, the policies are not structured in the perspective of marine development priorities. Some maritime policies are made in response to crisis and thus are motivated by short-term objectives (Fabbri, 1992, p.167). This policies become hard to be carried out in the long term as they may be counter-productive to the needs of the nation. Many countries lack human resources that have the skills and knowledge required to implement the newly formed maritime policy as it is a complex process which involves dealing with conflicting and completing values and uses, and where technical issues dominate over the social and political ones (Fabbri, 1992, p.169). The lack of adequate information and knowledge of the ocean systems which are needed in the making the decisions dealing with the use and the preservation of the marine resources and environment has led to the difficult in the implementation of the made policies (Fabbri, 1992, p.168). The organizations make laws to be used in the marine environment without doing enough research on how those laws will be implemented and how they affect the resources and people in the shipping industry. Thus, they end up making policies that are very hard to be practiced in those environments. Rigidity in the process of making of policies does not allow the development of ways dealing with multiple use problems (Fabbri, 1992, p.168). The multiple-use conflict occurs when the spatial and operational needs of a user are not compatible with the requirements of other users. This makes it hard to execute the formulated maritime policy. Additionally, no mechanisms are put in place to handle conflict anticipation and conflict resolution, and to check in advance the links between various sectors and resources before the making of the policies (Fabbri, 1992, p.168). The increase in the number activities of the marine and the increase in the parties having interests in the marine business has made the formation and execution of the maritime laws difficult as each party has to be accounted for and their needs cared for in the new policy (Fabbri, 1992, p.168). Factors Driving the Maritime Policy Historical Perspective The shipping sector is controlled by its past. Therefore, traditional routes used for trading, the location of ports, and maritime seats of power form the features of a market place. The maritime policy emerges or is associated with the laid down trade patterns, centers of power, and centers of activities (Selkou and Roe, 2004, p.44). Thus any policy changes have to account for trade patterns, centers of power, centers of activity, and any other changes in the shipping industry. Examples of this include the rise of China in the shipping world and the development of the port of Marseille in France. Ports, Networks and Systems The shipping sector is made up of a combination of ports, trade routes, and the organization and facilities that connect ports and trade routes. Governance and making of policies is about this elements and the trading environment it makes for them (Selkou and Roe, 2004, p.45). The way of making policies and governance may be such that it encourages trade activities in a particular place for example the setting up favorable tax systems in European Union Member States to enhance shipping, or to curb unwanted activity for example policies that are meant to encourage safety practices (Selkou and Roe, 2004, p.45). Legislators should understand the links between ports, trade routes, and systems in order to make maritime policies that are specific, make sense, and are able to achieve their intended purpose. This can be made possible by the use of suitable governance. Mode of choice, intermodalism, and flexibility Marine transport works in a competitive environment and is in constant competition with other modes of modes. Shipping over short distances is faced with intense competition from trucking in Europe (Selkou and Roe, 2004, p.45). The developments in infrastructure in East European have led to increased international rail services which has in turn increased competition on shipping trade. The policy-makers are supposed to be aware of choices available to shippers. Also, intermodalism concept has continued to be used such that shipping is being viewed as a single link inside a complex intermodal chain (Selkou and Roe, 2004, p.45). The maritime policy making is important in this concept as it ensures that the changes are coordinated well and that the marine transport plays its role to the maximum. Deregulation and Privatization Deregulation is the removal or reduction of state control in the industry while privatization is the handover of government-owned assets to the private sector (Selkou and Roe, 2004, p.46). There has been deregulation and privatization in the shipping industry in recent years. For example the developments in the Eastern Europe have led to these trends. Shipping policies reflect the effects of deregulation and privatization since the 1980s (Selkou and Roe, 2004, p.46). Holism The formulated maritime policies should recognize the fact that shipping is a part of a wider activity which is linked with many other economic, political, social, and technological growths (Selkou and Roe, 2004, p.46). This development affect the shipping environment and they are in turn affected by it. Therefore, the policy makers need to know that any changes will have significant amount of impact on the shipping investments situation and may cause further action to be included in the shipping policy measures. Thus, shipping is a holistic activity which is not to be separated from the real world situations (Selkou and Roe, 2004, p.46). Maritime policy spatial levels Maritime policy emerges and is applied to the shipping industry at various spatial levels (Selkou and Roe, 2004, p.47). The spatial levels are divided into 5 levels and each level has its own distinguishing features that are important in the making and the implementation of the policies. The spatial levels include: International policies: They are made by international organizations and form the basis for the policies derived at the subsequent levels (Selkou and Roe, 2004, p.47). The main policy-making bodies include the United Nations International Maritime Organization (IMO) which is concerned with the policies that deal with safety, the shipping environment, and security, and the Organization for Economic Cooperation and Development (OECD) - made up developed nations (Selkou and Roe, 2004, p.47). OECD is mainly concerned with the shipbuilding policy and matters dealing with efficiency of operation in the world. Supra-national: The typical example of supra-national is that of the European Union which makes laws that are applied to all member States (Selkou and Roe, 2004, p.49). The policies made at this level are superior to those that exist in member states in case of the Supra-national policies colliding with laws made in them. Another example of the supra-national is the North America Free Trade Association (NAFTA). The policies made in this level must be in accordance with the international policies (Selkou and Roe, 2004, p.49). National level: It is the level just below the supra-national for example the United Kingdom chamber of shipping (Selkou and Roe, 2004, p. 50). The policies in this level are required to be in agreement with the policies made at the international and supra-national level. Regional level: It is below the national level and an example is the Devon County Council in the UK (Selkou and Roe, 2004, p.50). They are typified by the governments in which they operate. They derive their policies that are in agreement with levels above them because if they are not compatible to them may lead to the problem of implementation. Local level: It is the lowest level and it is exemplified by the regions in which they are applied for the Plymouth in the UK (Selkou and Roe, 2004, p.50). They are required to form laws which are acceptable to those of the levels above them so as to avoid the implementation conflicts. The figure below summarizes the shipping policy framework together with the factors that affect the maritime policy that emerge and players who are involved in its evolution. Source: (Selkou and Roe, 2004, p.48) Maritime Security There are much insecurity that affects the shipping industry for example piracy, terrorism, insurgent conflicts, political instability, and illicit trafficking. The security threats are mainly in the Persian Gulf and the northern Indian Ocean which are very important as they form the world’s most crucial strategic and trading space (Michel and Sticklor, 2012, p.12). Piracy and robbery at the sea forms the main maritime security threat in the shipping industry especially in the Indian Ocean Region (Michel and Sticklor, 2012, p.12). The area occupied by the Somali pirates in the East African coast is very big. The pirates use the mother ships to enable Piracy Attack Groups (PAG) to carry out vessel hijackings at a significant distances away from the sea. (Michel and Sticklor, 2012, p.12) The large area has made it difficult to prevent the attacks even in the presence of the international navy. This continued piracy threats have led to the many vessels passing through this region to employ their own anti-privacy prevention measures such as the use of private security teams. Ransom is the main aim of the Somali pirate attacks as the pirates mainly demand for ransom payments after they capture the merchant vessels (UNITED STATES COUNTER PIRACY AND MARITIME SECURITY ACTION PLAN, 2014, p.2). They have increased their criminal activities to other illegal activities and enlarged criminal networks. The piracy and other maritime related activities in the region has cost the international community a lot of money yearly. Since 2006 there has been a reduction in piracy due to (UNITED STATES COUNTER PIRACY AND MARITIME SECURITY ACTION PLAN, 2014, p.2): 1) The use of consistent naval action in the piracy affected areas. 2) The commercial vessels following the Best Management Practices and the use of armed security teams. 3) The affected States are more willing to prosecute pirates; and 4) The improved political stability in Somalia such as the creation of a provisional constitution and a new parliament. Maritime terrorism poses a serious threat to the shipping industry (Michel and Sticklor, 2012, p.12). Even though this threat is not as extensive as piracy, terrorist groups such as the Al-Qaeda continue to affect the maritime transportation. Illegal, unprotected, and unregulated fishing are serious security threats facing the maritime industry. This global problem threatens the marine ecosystems and the existence of sustainable fisheries (Nmfs.noaa.gov, 2015). IUU often violates the maritime policies that forbid this criminal activity such as the conservation and management policy. This fishing activity risks the survival of the shipping industry which is worth billions of dollars in the United States (Nmfs.noaa.gov, 2015). The National Oceanic and Atmospheric Administration (NOAA) try to fight the Illegal Unreported, and Unregulated Fishing in the United States. It works with other nations that practice fishing to enforce and collect data which will help in curtailing IUU fishing (Nmfs.noaa.gov, 2015). The European Union has formulated laws that are aimed at fighting IUU fishing in the region (Ec.europa.eu, 2015). These rules include: 1) Only marine fisheries that are accepted as being legal can be imported into EU or exported from it. 2) Nations that tend to assume illegal fishing are blacklisted by EU 3) The IUU vessel list is given out on a regular basis. 4) The EU operators that fish illegally face penalties that normally make them lose profits. The Development of the Maritime Policy The development of the Maritime policy can be traced to the beginning of the Nation in the United States. Some of the important acts of Congress was promoting trade and shipping (U.S Maritime policies, n.d. p.141). Over 50 new statutes and trade treaties were enacted between 1789 and 1828. These treaties and statutes were responsible for protecting and enhancing the shipping industry in the United States (U.S Maritime policies, n.d., p.141). Over the years, there has been constant federal aid in support of the Maritime industry through the government policies such as Tariff Act made in 1789, the Cabotage Law enacted in 1817, Merchant acts, and the shipping act made in 1916. The maritime policy and the progress of the maritime industries were influenced significantly by the ideas of Admiral Alfred Mahan who said that the national power relied on sea power. He also held that sea power was made up of merchant ships, navy vessels, and the industries that supported the vessels in the sea (U.S Maritime policies, n.d., p.142). The United States marine industry was collapsing before the enacting of Merchant Marine Act in 1936. The Government policies which were not consistent had discouraged the investments in the industry (U.S Maritime policies, n.d. p.142). Also, the subsidy system used at the time was not effective in spurring the marine transport. The Act employed the philosophies of Mahan and it enabled the Government to provide subsidies to the maritime industries. The role played by the marine industries during the Second World War and the conflicts of Vietnam and Korea was viewed as being very important. The functioning of the marine industry as provided by the Merchant Marine Act enable the United States to maintain a 2-front war across the Pacific and Atlantic Oceans (U.S Maritime policies, n.d. p.142). Those industries involved in building of ships and operating them cooperated in making and running of the merchant fleet during wartime. The experience of Second World War has a significant and continuing effect on the Maritime policy and how the maritime industries perform in this modern days. The national defense comes first whenever there is to be any form of maritime legislation process (U.S Maritime policies, n.d. p.142). The Shipping Act enacted in 1916 came after the start of the First World War in Europe in 1914. The United States depended on foreign-flag ships for approximately 90 percent of its trade with other countries (U.S Maritime policies, n.d. p.142). When foreign vessels stopped moving in the seas due to the effect of the war, the United States cargoes had no way of being shipped to the importing nations and thus they were left to rot. This occurrence forced the Congress to permit the registration of vessels that were built in other nations (U.S Maritime policies, n.d. p.142). Another policy enacted in national defense in mind was the Merchant Marine Act made in 1920. The policy was made to aid in disposing of ships that were owned by the Government that were constructed with First World War in mind. The Marine Act of 1936 was implemented when there was a pending war in Europe as a precaution by the United States. Although the motive of passing the policy was the danger of war in Europe, the policy contained features whose aim was to encourage capital investment in the marine industry (U.S Maritime policies, n.d. p.142). The Maritime policies being used now are those that are able to respond to changing trends in the shipping industry and competition, the ones that adjust to changes in trade and technology, and changes in the international market (U.S Maritime policies, n.d. p.143). All maritime nations give aid to their shipping industries in form of subsidies, trade-in allowances, low interest rate on loans, guarantees, and reserve funds that are not subjected to tax. The governments provide social, economic, and political aid to the industry. These may come in form of making policies which demand that materials used in the making of the ships be sourced domestically, social security payments to the families of people working in the maritime industry, and setting up of schools to train merchant men (U.S Maritime policies, n.d, p.143). Conclusion From the discussion, policies are made to help in smooth running of various activities. Also, there are good policies and bad policies. The paper has explored the difficulties that are faced in the implementation of the newly formed policies. It is evident from above that there are several spatial levels in the maritime policy. The policies made in a given spatial level must be in accordance with those made in a level above it. The maritime industry is affected by various security threats such as piracy, terrorism, and illegal, unreported, and unregulated fishing. The development of the maritime policy is explored in the paper and it is established that war was the main motivating force in the making of many policies affecting the shipping industry. Bibliography Ec.europa.eu, (2015). Illegal fishing (IUU) - Fisheries - European Commission. [online] Available at: http://ec.europa.eu/fisheries/cfp/illegal_fishing/index_en.htm [Accessed 29 May 2015]. Nmfs.noaa.gov, (2015). Illegal, Unreported, and Unregulated (IUU) Fishing :: NOAA Fisheries. [online] Available at: http://www.nmfs.noaa.gov/ia/iuu/iuu_overview.html [Accessed 29 May 2015]. Fabbri, P. (1992). Ocean management in global change. London: Elsevier Applied Science. Michel, D. and Sticklor, R. (2012). Indian Ocean Rising: Maritime Security and Policy Challenges. [ebook] Available at: http://www.stimson.org/images/uploads/research-pdfs/Book_IOR_2.pdf [Accessed 29 May 2015]. UNITED STATES COUNTER PIRACY AND MARITIME SECURITY ACTION PLAN. (2014). [ebook] Available at: https://www.whitehouse.gov/sites/default/files/docs/united_states_counter_piracy_and_maritime_security_action_plan_2014.pdf [Accessed 29 May 2015]. U.S Maritime policies. (n.d.). [ebook] Available at: https://www.princeton.edu/~ota/disk3/1983/8302/830208.PDF [Accessed 30 May 2015]. Selkou, E. and Roe, M. (2004). Globalisation, policy, and shipping. Northhampton, MA: Edward Elgar Pub. Read More