Sixth Chapter . Maritime Laws & Institutions of Governance BITS Pilani, K K Birla Goa CampusFocus Area Ee, * Who Governs our Seas? “ Do we have Laws of Sea? % Idea of Freedom of Navigation % * Maritime Commons! OL .ON4, &® JESEN ee Fads Ve EV 2 s BITS Pilani, K K Birla Goa CampusLaws of the Sea > “For hundreds of years, the marine environment. was free from regulation of fishing, shipping, and resource exploitation. 7 Mare Nostrum > Over time, coastal States ... had an increased interest in national security and the enforcement > Mare Clausum of laws to protect its commerce and marine resources. » Mare Liberum > Asaresult, a balance was needed to maintain the freedom of navigation that many foreign maritime interests had relied upon. This need for balance is captured in the history of the law of the sea.” BITS Pilani, K K Birla Goa Campusinsovate achieve fe * Third United Nations Conference on the Law of the Sea * On 1 November 1967, Malta's Ambassador to the United Nations, Arvid Pardo, asked the nations of the world to look around them and open their eyes to a looming conflict that could devastate the oceans, the lifeline of man's very survival. ‘* His Speech- speech to the United Nations General 1967- Malta's Ambassador to the Assembly, United Nations, Arvid Pardo Pardo called for "an effective he spoke of the super-Power rivalry that was international regime over the spreading to the oceans, of the pollution that was seabed and the ocean floor poisoning the seas, of the conflicting legal claims b da clearly defined and their implications for a stable order and of the e¥0nd a clearly define rich potential that lay on the seabed. national jurisdiction". BITS Pilani, K K Birla Goa CampusWho Governs the Seas? > International Maritime Organization (IMO) > International Seabed Authority (ISA) & 7 United Nations Convention on Laws of Sea (UNCLOS) Three main bodies & Institutions of Maritime Governance BITS Pilani, K K Birla Goa Campus“+ IMO - the International Maritime Organization — is the UNO’s specialized agency with responsibility for the safety & security of shipping & the prevention of marine and atmospheric pollution by ships. “+ IMO's work supports the UN’s SDGs. IMO- Head Quarter in London BITS Pilani, K K Birla Goa CampusINTERNATIONAL MARITIME TRANSPORT< ia ort commereael eet (2018) 9.84 BILLION TONS 89.464 VESSELS of global seaborne shipments in 2014 —_— GREECE is the largest ship-owning country followed by Japan. China. Germany and Singapore = os = eal eR ee ‘Adoption of the International Code for Ships Operating in Polar Waters ‘expected to enter into force on January 2017 crap aor BITS Pilani, K K Birla Goa CampusRole & Membership The IMO — was created by a convention adopted at the UN Maritime Conference in 1948. ‘ Came into force on March 17, 1958, after it was ratified by 21 countries— 07 of which were required to have at Se least one million gross tons of shipping. As of 2018, - 173 Member States of the IMO, which includes 172 of the UN member states plus the Cook Islands. * To become a member of the IMO, a state has to ratify a multilateral treaty known as_ the Convention on the International Maritime Organization. IMO Mandate/Responsibility As a specialized agency of the United Nations, IMO is the global standard setting authority for for the safety, security & environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair & effective, universally adopted & universally implemented. BITS Pilani, K K Birla Goa CampusStructure of IMO Five Committees Are- % The Maritime Safety Committee; IMO consists of an — “ The Marine Environment Protection Committee; “ Assembly, “ A Council % Five Mail “ The Legal Committee; “+ The Technical Cooperation Committee & % The Facilitation Committee & a number of Sub-Committees to support the work of the main technical committees. BITS Pilani, K K Birla Goa CampusIMO Structure IMO Assembly 7 Q This is the highest Governing Body of the The Council Organization. Is the executive organ of Q It consists of all Member States and it meets IMO under the Assembly once every two years in regular sessions, “Responsible for supervising Q May meet in an extraordinary session if the work of the IMO. necessary. “The Council is made up of Q Responsible for approving the work 40 Member States, programme, voting the budget and determining the financial arrangements of the « Elected by the Assembly for Organization. two-year terms. QO The Assembly also elects the Council. BITS Pilani, K K Birla Goa CampusIMO Council Membership Categorie: : Membership of IMO is classified in three categories: *% Category (a)- 10 States with the largest interest in providing international shipping services: China, Greece, Italy, Japan, Norway, Panama, Republic of Korea, Russian Federation, United Kingdom, United States. “* Category (b): 10 other States with the largest interest in international seaborne trade: Argentina, Bangladesh, Brazil, Canada, France, Germany, India, Netherlands, Spain, & Sweden. + Category (c): 20 States not elected under (a) or (b) above but have special interests in maritime transport or navigation, and whose election to the Council will ensure the representation of all major geographic areas of the world: Australia, Bahamas, Belgium, Chile, Cyprus, Denmark, Egypt, Indonesia, Kenya, Liberia, Malaysia, Malta, Mexico, Morocco, Peru, Philippines, Singapore, South Africa, Thailand, Turkey. BITS Pilani, K K Birla Goa CampusIMO & India India has been one of the earliest members of the IMO, Having ratified its Convention, India became a IMO Member- State in the year 1959. Dec. 2017- % India re-elected to IMO Council with 2"¢ highest Votes (144) from member-countries for 2018-19Y + Next to Germany's 146 & ahead of Australia's 143. “ The other countries to make the cut included France (140), Canada (138), Spain (137), Brazil (131), Sweden (129), The Netherlands. (124) and the UAE (115). | BITS Pilani, K K Birla Goa CampusTop ten contributors for 2016 (in £s Million) Panama 4.95 million Liberia 2.93 million Marshall Islands Singapore Malta 1.32 million Bahamas 1.29 million United Kingdom 1.23 million China 1.16 million Hong Kong, ae China 1.10 million Japan 1.02 million insovate achieve rm BITS Pilani, K K Birla Goa CampusIMO 2030 Agenda As part of the United Nations family, IMO is actively working towards the 2030 Agenda for Sustainable Development and the associated SDGs 2030 Agenda - sustainable transport sector supporting world trade and facilitating global economy. IMO’s Technical Cooperation Committee has formally approved linkages between the Organization's technical assistance work and the SDGs. While the oceans goal, SDG 14, is central to IMO, aspects of the Organization's work can be linked to all individual SDGs. The world relies on a safe, secure ani efficient international shipping inc and this is provided by the framework developed and Imo. IMO measures cover all aspects of international shipping — "Including ship design, construction, equipment, manning, operation and disposal — to ensure that this vital sector remains safe, environmentally sound, energy efficient and secure. iil 14 Pat Nay UNO SDG 14 BITS Pilani, K K Birla Goa CampusIMO 04 Major Functioning Pillars? MARPOL / SOLAS / STCW/ MLC 1. Since 2006 emphasis on four 'pillars' of international maritime law regulations brought about by the IMO. 2. As with the previous pillars, (MARPOL, STCW & SOLAS) IMO's task to enforce a new treaty rested on gathering registered ratifications. What is the ISPS Code? = The International Ship & Port Facility Security (ISPS) Code — = is an amendment to the Safety of Life at Sea (SOLAS) Convention (1974/1988) on minimum security arrangement: 7 ships, ports & government agenci e Background & Case Example 9/11 WTC Attack Effect- ISPS Code was ratified by IMO in 2002 & called on every member states to apply the code by 2004. BITS Pilani, K K Birla Goa Campusoe lead MARPOL-1973 STCW The main IMO convention to prevention of (Standards for Training, pollution from ships caused by operational or Certification, & Watch accidental causes. keeping) “Adopted at the IMO in 1973. ... Annex III— The 1978 STCW Convention Prevention of Pollution by Harmful Substances _ was the first to establish Carried in Sea in Packaged Form. Details- minimum basic requirements bttes://unchronicle.un.ore/artice/role-international-maritime-organization. my training, certification and preventing-pollution-worlds-oceans-shios-and watch keeping for seafarers SOLAS-1974 on an international level. Safety of Life at Sea (SOLAS) - The International Convention for Safety of Life at Sea is an STCW Convention was international maritime treaty which sets minimum _ adopted in 1978 & entered safety standards in the construction, equipme: into force in 1984. ... and operation of merchant ships before Flag off. BITS Pilani, K K Birla Goa CampusMARPO L-1973 International Convention for the Prevention of Pollution from Ships, 1973 as modified by The main IMO convention for the Protocol of 1978 prevention of pollution from ships caused by operational or accidental causes. Adopted at the IMO in 1973. ... Annex III—Prevention of Pollution by Harmful Substances Carried in Sea in Packaged Form. Details- https://unchronicle.un.org/artile/role- international-maritime-organization-preventing- pollution-worlds-oceans-ships-and MARPOL 73/78 Ratifying States MARPOL is for Marine Pollution Effective Peele) Shy cy 156 BITS Pilani, K K Birla Goa CampusMARPOL: Background ——— Infamous NTF) Vote [olla Case Study The Torrey Canyon oil spill was one of the world's most serious oil spills. Super Tanker SS Torrey Canyon ran aground on a reef off the south-west coast of the UK in 1967. Spilling an estimated 94-164 million litres of crude oil. Hundreds of miles of coastline in Britain France, Germany & Spain were affected by the oil and other substances used in an effort to mitigate damage. Damage Control measures included bombing of the wreck by aircraft from the Royal Navy & Air Force, causing a potential international incident as the ship was not British, and was in international waters. At the time, it was the world's worst oil spill, and led to significant changes in maritime Laws and oil spill responses. It remains the worst spill in UK history. BITS Pilani, K K Birla Goa CampusThe British government was strongly criticized for its handling of the incident, which was at that time the costliest shipping disaster ever. The RAF and the Royal Navy were also subject to ridicule as a result of their efforts to assist in resolving the matter, given that as many as 25% of the 42 bombs that they dropped missed the enormous stationary target. Claims were made by the British and French governments against the owners of the vessel and the subsequent settlement was the largest ever in marine history for an oil claim In traditional Maritime Law, ships can sue and be sued, up to the value of the ship and its cargo. After the Torrey Canyon was wrecked, its value was that of one remaining lifeboat worth $50, some */4¢0,000 Of the damages SS Torrey Canyon was Liberia Flag Ship Registered Owned by Barracuda Tanker Corporation -A subsidiary of Union Oil Company, California. But chartered to British Petroleum BITS Pilani, K K Birla Goa CampusSS Torrey Canyon Accident -1967 Affecting U.S. Waters | pe Serer See aes eee ey act ee hundreds of kilometres of coast were polluted with petroleum residues 30-thousand seabirds were killed ‘ S:thousand were captured and cleaned, but only Spe unweit bereleesed ond post relasesurival an intensive clean-up used large amounts of detergent & dispersant to create emulsions of oll-in-water that were rinsed to the ocean using pressurized water from hoses Dut the emulsifiers were highly toxic to marine organisms, and exacerbated the dat beaches, intertidal, and subti Safety at Sea - MARPOL 1973 In 1969, partly motivated by the ‘Torrey Canyon disaster, IMO decided to organise an international conference with the aim of adopting a now convention. ‘The conference met in London in 1973 and ended with the signing of the MARPOL Convention. 1D stipe in sence Training Mater L BITS Pilani, K K Birla Goa CampusMARPOL Operation No.of — (% of World Item Nature of Pollution WEE | convectng | “Tonnage resins anneei |Preventionof pollution by oil&| 2 October oily water 1983 Control of pollution by noxious , RC || liquid substancesin bulk | © APri! 1987 5 Prevention of pollution by EM nnex | harmfulsubstancescarried by | 1July1902 | 138 | 97.59 Category sea in packaged form 27 September! Monitoringa Big Annex!V| Pollution by sewage from ships |°7 SePter Cale Annex | Pollution by garbage from ships| 24 December 1988 ARON Prevention ee penes from 19 May 2005 oo 94.70 BITS Pilani, K K Birla Goa CampusMARPOL: Challenges “One of the difficulties in implementing MARPOL arises from the very international nature of maritime shipping. The country that the ship visits can conduct its own examination to verify a ship's compliance with International Standards and can detain the ship if it finds significant Noncompliance. When incidents occur outside such country's jurisdiction or jurisdiction cannot be determined, the country refers cases to flag states, in accordance with MARPOL. On January 1, 2015, maritime shipping levels became legally subject to new MARPOL directives because the SECA (Sulphur Emission Controlled Areas) zone “+ US Govt. Report -2000 documents that even when referrals have been made, the response rate from flag states has been poor. Case of SECA - (Sulphur Emission Controlled Areas) zone will include the North Sea, Scandinavia, & parts of the English Channel & Western Europe Waters increased im SiZ@ BITS Pilani, K K Birla Goa CampusConcerns have been raised about the environmental damage moving back to the roads by some of the larger ferry operators that ship substantial amounts of freight and passenger traffic via these routes affected by IMO. standards. They claim that MARPOL will drive up ferry costs for the consumer and freight forwarding companies . It may push them back onto the European roadways as a financially more cost effective measure compared to increased ferry costs. It may defeat the objective of reducing water pollution. insovate achieve lead * This area is set to include all of the Republic of Ireland's international waters in 2020 culminating in all of Western Europe's subjection to the MARPOL directive. “* This has proven controversial for shipping and ferry Operators across Europe. %* MARPOL Compliance may Drive Shipping Cost. BITS Pilar K K Birla Goa Campusinsovate achieve lead In 2006, The IMO embarked on its 4* major journey into shaping international maritime law, via the introduction of the Maritime Labor Convention (MLC). Along with ILO, the IMO brought about the MLC to. internationally recognize seafarers basic rights whilst at work. MLC: Implementing the 4" Pillar This new convention, already ratified in over 50 countries has a wide scope in effecting the way commercial vessels are designed and operated. The new standards within the MLC are an integral component to maintaining the safety and efficacy of individual seafarers and the shipping industry alike. BITS Pilani, K K Birla Goa CampusThe International Seabed Authority > The International Seabed Authority is an intergovernmental body based in Kingston, Jamaica, » \SAwas established under the 1982 United Nations Convention on the Law of the Sea > & the 1994 Agreement relating to the Implementation of Part XI of UN Convention on the Law of the Sea. > Was established to organize, regulate and control all mineral-related activities in the: international seabed area beyond the limits of national jurisdiction ------ > Anarea underlying most of the world’s oceans. 4 Head Quarter: Kingston, Jamaica Budget: US$89lakhs Founded: 16 November 1994 Affiliations: Observer Status to the UN Sse BITS Pilani, K K Birla Goa CampusStates /Parties to the Convention shall, in accordance with the regime for the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction (the Area) established in Part XI and the Agreement, organize and control activities in the Area, particularly with a view to administering the resources of the Area. 168 Members of the ISA as of 25t July 2017. ak me insovate achieve lead Organs of the Authority Assembly > Member States » Regional Groups » Observers > Operational Rules of Procedures Council Council shall consist of 36 members elected by the Assembly Finance Committee Legal & Technical Commission K Birla Goa CampusActivities Summary Principal function of ISA - regulate deep seabed mining with emphasis to marine environment protection from any harmful effects which may arise during mining activities, including exploration. Priorities - formulation of Regulations for Prospecting & Exploration for Polymetallic Nodules to ensure environmentally sustainable development of seabed mineral resources. Carries out detailed resource assessments of the areas reserved for the Authority; Maintains a specialized Database (POLYDAT). Marine scientific research in the international seabed Area through Endowment Funds. Regional sensitization seminars et al insovate achieve lead Has run into several purpose/proc edure & corruption controversies BITS Pilar K K Birla Goa CampusIndia’s Exclusive Mining Rights in Central Indian Ocea| eee Seabed Basin - Extended by 5 Years = India’s exclusive rights to explore polymetallic nodules from seabed in Central Indian Ocean Basin (CIOB) have been extended by five years. a ai Govt. of India Ministry of Earth = These rights are over 75000 sq. km of area in international eerenee waters allocated by International Seabed Authority for developmental activities for polymetallic nodules. een = The estimated polymetallic nodule resource potential is 380 India launched million tonnes, containing 4.7 million tonnes of nickel, 4.29 Deer kere million tonnes of copper and 0.55 million tonnes of cobalt and 92.59 million tonnes of manganese. WE eee (ce SST oda) = This has been approved unanimously in the 23rd session of eh International Seabed Authority (ISA) concluded on August 18, 2017 at Kingston, Jamaica. BITS Pilani, K K Birla Goa Campusfe ISA Functioning , Challenges & Controversies 1. For each type of resource, there are 02 phases ISA Covers 03 Types involved in development and eventual mining: of resources: 2. Exploration licensing & Exploitation licensing. . Contractors apply for these licences, and contractors have to be “credible operators” with applications supported by a host country that has ratified UNCLOS. . Contractors so far include companies, research institutions, and government agencies. . There are currently 29 exploration licenses in operation across all three types of resource, with four more about to be signed. BITS Pilani, K K Birla Goa Campus17 of these contracts are for exploration for polymetallic nodules in the Clarion-Clipperton Fracture Zone (16) & Central Indian Ocean Basin (1). There are 07 contracts for exploration for polymetallic sulphides in the South West Indian i. 7 7 Exploration contracts granted by the ISA, Ridge, Central Indian Ridge and the May 2017 Mid-Atlantic Ridge . Source: International Seabed Authority, https://www.isa.org.jm, & 05 contracts for exploration for cobalt-rich crusts in the Western Pacific Ocean. BITS Pilani, K K Birla Goa Campus.coca Polymetallic Nodules corer Polymetallic sulphide deposits v= mineral hunterseee sae eerste saeCeC eee EEE find fil er i eto, Geen netod esControversy 15 o ISA's Questionable Mission: The exact = nature of the ISA's mission and authority has been questioned by opponents of the Law of the Sea Treaty who are generally skeptical of multilateral engagement by the = United States. The United Sates is the only major maritime power that has not ratified the Convention Argument : American main anti- ratification arguments - that the ISA is flawed or unnecessary. In its original form, the Convention included certain provisions that some found objectionable, such as; ------ Imposition of permit requirements, fees and taxation on seabed mining; ban on mining without ISA permission. Use of collected money for wealth redistribution in addition to ISA administration. Mandatory technology transfer. Because of these c¢ modification of the C BITS Pilani, K K Birla Goa Campusinsovate achieve lead As per the requirement for sponsorship by a nation that has ratified UNCLOS excludes the USA from participating at present, and would therefore seem to exclude US companies as contractors, Gate Crashing But multinational companies, even if of US , origin, can have subsidiaries in other countries Companies through that can apply as contractors, if that 3rd Country Host subsidiary’s application has the support of a “host” nation that has ratified UNCLOS. UK Seabed Resources Ltd, which is a subsidiary of US giant Lockheed Martin, holds two exploration licenses sponsored by the UK government. K Birla Goa CampusSome ISA Contractors China Minmetals Corporation Contract Start: 2017 Contract End: 2032 Sponsoring State: China Location: clarion Clipperton Fracture Zone Cook Islands Investment Corporation Contract Start: July 15, 2016 Contract End: July 14, 2031 Sponsoring State: Cook Islands Location: clarion Clipperton Fracture Zone Ocean Mineral Singapore Pte Ltd. Contract Start: 2015 Contract End: 2030 Sponsoring State: Singapore Location: Clarion-Clipperton Fracture Zone oe lead UK Seabed Resources Ltd UK Seabed Resources Contract Start: 2016 ud Contract End: 2031 Sponsoring State: United UK Location: Clarion-Clipperton Fracture Zone (I) Contract Start: 2013 Contract End: 2028 Sponsoring State: UK Location: Clarion-Clipperton Fracture Zone (|) Govt. of India Contract Start: 2002 Contract End: 2017 Extension: March 25, 2017;End: March 2022 Sponsoring State: India Location: Indian Ocean BITS Pilani, K K Birla Goa CampusReference Articles on Seabed Mining Co! 1. “India joins deep sea mining race” https://www.theguardian.com/environment/2012/aug/30/india-mining 2. AN OVERVIEW OF CHINESE POLICY, ACTIVITY AND STRATEGIC INTERESTS RELATING TO DEEP SEA MINING IN THE PACIFIC REGION” January 2018, by Richard Page. http://www.deepseaminingoutofourdepth.or; content/uploads/China-Report_FINAL.pdf 3. Pacific islands seek protection from deep-sea mining By: Joel D. Adriano, https://www.scidev.net/global/earth-science/news/pacific-islands- seek-protection-from-deep-sea-mining.html 4. The secret on the ocean floor:A wave of pioneers is poised to scoop up treasure from the deep sea. But was this ocean mining boom sparked by a 1970s CIA plot?; BBC News; https://www.bbc.co.uk/news/resources/idt- sh/deep sea_mining K Birla Goa Campusinsovate achieve lead 5. “As China leads the hunt for deep-sea minerals, environmental and financial concerns come to the surface”. https://www.scmp.com/comment/insight-opinion/article/2144647/china- leads-hunt-deep-sea-minerals-environmental-and BITS Pilani, K K Birla Goa CampusThank You BITS Pilani, K Birla Goa Campus