Evolution of Maritime Law

In the year 1648 the Treaty of Westphalia confirmed that complete authority and sovereignty over land by rulers would be recognised but no nation could exercise sovereignty over the oceans. Maritime law evolves from a focus on the regulation or prevention of naval warfare to a structure for secure, safe and environmentally sustainable uses of oceans.

Almost 90 % of global trade is conducted through sea and to a small extend through inland waterways.The developed countries share of global seaborne trade is 34 % (loaded ) and 43 % (unloaded ). The developing countries share of global seaborne trade is 60 % (loaded ) and 56  % (unloaded ) . Around 8.4 billion tons of goods were transported through ships in the year 2010.

International Maritime Organisation

The International Maritime Organisation (IMO) is the key institution of the United Nations created in the year 1948 for the development of international law.It has adopted 50 treaties and hundreds of codes and guidelines applicable to the entire global tonnage.The IMO has 170 states as parties and 3 associated members and is consensus oriented.

SOLAS Convention

In the year 1974 the SOLAS Convention (Safety of Life at Sea ) involving safety standards for all manner of vessel construction , operation , navigation ,communication and management came into existence and has 162 state parties. In the year 2002 a major revision was made to SOLAS Convention called the International Ship and Port Facility (ISPS ) Code. The ISPS Code is enforced in 158 states providing for standardised international guidelines for evaluation of risks associated with shipping and incorporates an Automatic Identification System ( IAS ) . The AIS is a satellite based long range identification and tracking system (LRIT ). The United Nations Conference on Trade and Development (UNCTAD) as far back as the year 2007 estimated the average cost of  ISPS at ports at $ 287,000 and an annual running cost of $ 105,000 .

United Nations Convention on the Law of the Sea

In the year 1982 the United Nations Convention on the Law of the Sea (UNCLOS) was passed being the first successful international collaborative approach  to maritime security and establishing the maritime and ocean legal  framework addressing issues of conduct on, over and under almost 70 % of the world’s surface .It has 166 states as parties.

Article 110 of UNCLOS states that warships of any nation have the right to ” approach and visit merchant vessels ” suspected of certain crimes of universal jurisdiction such as maritime piracy and slave trafficking.

Piracy

In the 1990’s the Maritime Safety Committee of IMO adopted and released several safety counter piracy measures for shipping vessels, such as reduced vulnerability with enhanced lighting and arms. In the year 2006 the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in  Asia (ReCAPP) became the first regional government to government agreement to combat piracy operation in Southeast Asia. It has 19 states as contracting parties. Eight coastal states of the Gulf of Aden , Red Sea and Indian Ocean adopted the Djibouti Code of Conduct being the first Arab – African agreement to counter piracy. The European Union (EU) and NATO escort commercial vessels through the Gulf of Aden and the Indian Ocean.

Drug Activities

There are 3  international treaties to counter drug activities that are widely accepted and complementary.In the year 1961 a single convention on Narcotic  Drugs was proclaimed with 180 state parties. In the year 1971 there came into existence a Psychotropic Substances Convention with 175 state parties followed by the 1988 UN Convention on Illicit Traffic of Narcotics & Psychotropic substances. These treaties are framed with the intent to prevent diversion of lawful narcotic drugs and psychotropic drugs into the black market and also regulate the use of chemicals used in manufacturing of drugs and other drug related crimes such as money laundering.

 

Authors Nadir Mumtaz & Hafiz Munawar Iqbal (ASC)

Credit/source ;

https://maritimecyprus.com/2023/08/05/maritime-infographic-law-of-the-sea-3/