Bateman, Sam --- "International Solutions to Problems of Maritime Security - Think Globally, Act Regionally!" [2004] MarStudies 30; (2004) 139 Maritime Studies 9
[1] Dr Sam Bateman is a Senior Fellow, Maritime Security Programme, Institute of Defence and Strategic Studies (IDSS), Singapore, and also a Professorial Research Fellow at the Centre for Maritime Policy, University of Wollongong, NSW 2522, Australia (email address: sbateman@uow.edu.au). This paper was presented at a joint meeting of the IDSS and the UK Royal United Services Institute (RUSI) held in Singapore at the Pan-Pacific Hotel 24-25 November 2004.
[2] This Code includes a mandatory section (Part A) and a recommendatory section (Part B). Part A requires ships to have security assessments and plans, ship security officers and certain onboard equipment, as well as permanent ship identity markings and a Continuous Synopsis Record recording ship ownership. Ships will have to carry an International Ship Security Certificate (ISSC) indicating that they comply with the requirements of SOLAS and the ISPS Code. The ISSC will be subject to Port State inspections. Similarly, ports are required to have security assessments, security plans and security officers, and to monitor and control access. Ships may also be subject to control measures if the Port State is concerned that they have visited a non-compliant port in the recent past.
[3] Amendments to SOLAS Chapter V include the mandatory fitting of ship-borne Automatic Identification Systems (AIS) for all ships of 500 gross tonnage and above on international voyages.
[4] The CSI involves basing US customs inspectors in foreign ports to oversee the targeting and pre-screening of high-risk containers bound for US ports. Almost two-thirds of all containers that arrive in the US by sea are shipped from 20 top ports, including Hong Kong, Shanghai, Singapore, Kaohsiung, Pusan, Tokyo, Yantian, Nagoya, Kobe, Yokohama and Laem Chabang in the Asia Pacific Region. About 44% of all containers entering the US originate from Asian ports.
[5] C-TPAT focuses on the security of the supply chain and builds a linked security model within each segment of the supply chain (i.e. production, transportation, importation and distribution). It includes US Customs guidelines for industries and firms and comprehensive security self-assessment.
[6] Information Management requires the presentation of a Vessel Cargo Declaration to US Customs before cargo is loaded on board at a foreign port for shipment to the US (the 24-hour Manifest Rule). Generic descriptions of cargo are not acceptable. The Rule does not apply to bulk cargo or empty containers.
[7] The information and statistics in this and the following paragraph are drawn from the IMO website at: http://www.imo.org/home.asp
(accessed 9 November 2004).
[8] The Maritime Transport Security Act (Cwlth) 2003 in Australia, for example, extends ISPS provisions to all ships employed on interstate voyages but not to ones employed on intrastate voyages.
[9] TR Shie, ‘The Nexus Between Counterterrorism, Counterproliferation, and Maritime Security in Southeast Asia’, Issues and Insights 04-04, Pacific Forum CSIS, Executive Summary, p. 2.
[10] E Jackson, ‘Maritime lawyers vs. Mireyistas on ISPS certification process’, The Panama, <http://www.the panamanews.com/pn/v_10/issue_o5/business_01.html> (accessed 8/11/2004).
[11] K Berkenkopf, ‘ISPS benefits doubtful, says German tramp owner’, Lloyd’s List online, 28 October 2004.
[12] C Doumbia-Henry, ‘Human Capacity Building: Seafarers and Maritime Security’, Paper to APEC High-Level Meeting on Maritime Security Cooperation, Manila, 8-9 September 2003, p. 1.
[13] A Diplomatic Conference to adopt amendments to the SUA Convention and its Protocol will be held by the IMO in October 2005.
[14] The Ministry of Foreign Affairs of Japan, ‘Japan to host the Proliferation Security Initiative Maritime Interdiction Exercise’, August 2004, http://www.mofa.go.jp/policy/un/disarmament/arms/psi/exercise.html
(accessed 13/11/04).
[15] ibid.
[16] The Statement of Interdiction Principles for PSI is available on the US Department of State website.
[17] J Ho, ‘Operationalising the Regional Maritime Security Initiative’, IDSS Commentaries, 18/2004, 27 May 2004.
[18] http://www.pacom.mil/speeches/sst2004/040503 milops.shtml
.
[19] HMJ Lumentah,, ‘The Maritime Environment in Asia: What New Issues and Responses’, Paper for 18th Asia Pacific Roundtable, Kuala Lumpur, 30 May - 2 June 2004.
[20] J Henderson, ‘Reassessing ASEAN’, Adelphi Paper No. 328, London, International Institute for Strategic Studies, 1999, p. 28.
[21] JL Lacy, ‘Stonework or Sandcastle? Asia’s Regional Security Forum’, IDA Paper P-3110, Institute for Defence Analyses, Alexandria VA, July 1995, p. S-1, p. 29.
[22] M Leifer, ‘The ASEAN Regional Forum’, Adelphi Paper No. 302, London, International Institute for Strategic Studies, July 1996, p. 59.
[23] A Acharya, ‘Preventive Diplomacy: Background and Application to the Asia-Pacific Region’ in D Ball and A Acharya (eds), The Next Stage – Preventive Diplomacy and Security Cooperation in the Asia-Pacific Region, Canberra Papers on Strategy and Defence No. 131, Strategic and Defence Studies Centre, Australian National University, Canberra, 1999, p. 29.
[24] A Acharya, ‘Preventive Diplomacy: Concept, Theory, and Strategy’ in Ball and Acharya (eds), op. cit., p. 112.
[25] SSC Tay, ‘Preventive Diplomacy and the ASEAN Regional Forum: Principles and Possibilities’ in Ball and Acharya (eds), op. cit., p. 144.
[26] Richard Stubbs, ‘ASEAN Plus Three: Emerging East Asian Regionalism?’, Asian Survey, vol. 42, no. 3, May/June 2002, pp. 440-455.
[27] N-A Collins, ‘War on Terrorism “ASEAN Plus 3” pledge to Combat Transnational Terror’, Clarinews, 10 January 2004 (http://quickstart.clari. net/voa/art/ek/C5EC3E5D-B39E-4FB1-872CCDFD76 D82D7C.html
(accessed 12/11/04).
[28] Joint Communiqué: The First ASEAN Plus Three Ministerial Meeting on Transnational Crime (AMMTC+3), Bangkok, 10 January 2004, htt://www.aseansec.org/15646.htm (accessed 12/11/04).
[29] The text of these memorandums is available on the CSCAP Australia website at: http://aus-cscap.anu.edu.au
.
[30] Shie, op. cit., Chapter 6: Proposals, pp. 5-6.
[31] C Horrocks, ‘Greater transparency’, Lloyd’s Ship Manager, November 2002, p. 24.