Law, maritime, maritime security, safety, security
The traditional view of maritime security is epitomised by warships, but this is a narrow and naive way to look at contemporary maritime security. Maritime security consists of several elements, as is white light passed through a triangular prism. However, translation is key, and many languages use the same word for safety and security. Consequently, there is no internationally recognised definition for maritime security. The commercial shipping industry, which dominates the oceans by number, emphasise safety, whereas navies concentrate on security. The adoption of the International Ships and Port Facilities Security (ISPS) Code by the International Maritime Organisation (IMO) in 2004, introduced the first security code for the maritime industry. Whilst it has been effective, it is limited in scope philosophically and literally to countering terrorism, restricting its utility across the spectrum of maritime security. As the shipping industry confronts the challenges and hazards of the interconnected cyber space, crucial to the increasing efficiency of the industry, cyber risk management has been incorporated as part of the maritime safety management ethos, without confronting the extent and realities of cyber security. The diversity and complexity of maritime security, especially those caused by climate change are becoming progressively more evident and may require an innovative approach.
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Bernaert (1988). Bernaerts’ Guide to the 1982 United Nations Convention of the Law of the Sea (Fairplay 1988).
Germond and Fong (2018). Germond, Basil and Ha, Fong Wa ‘Climate change and maritime security narrative: the case of the international maritime organisation’, Journal of Environmental Studies and Science, 2 August 2018. Available at http://clok.uclan.ac.uk/24616
IMO (2020). About IMO. http://www.imo.org/en/About/Pages/Default.aspx.
IMO SUA (1988). Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf. Adopted 10 March 1988; Entry into force 1 March 1992; 2005 Protocols: Adopted 14 October 2005; Entry into force 28 July 2010
Indifferent languages (2013) How to Say Security in Different Languages
IPCC (2018). IPCC special report on the impacts of global warming of 1.5 °C, Summary for Policymakers, 6 October 2018.
ISM (1993). IMO International Safety Management Code. Entered into force in 1998, last revised 2015. http://www.imo.org/en/OurWork/HumanElement/SafetyManagement/Pages/ISMCode.aspx.
ISPS (2003). Full text of ‘IMO ISPS: International Ship and Port Facility Security Code (came into force 2004) at https://archive.org/stream/gov.law.imo.isps.2003/imo.isps.2003_djvu.txt.
Murphy (2007). Martin Murphy, ‘Piracy and UNCLOS: Does International Law Help Regional States Combat Piracy? Chapter 7 of Peter Lehr, Violence at Sea. Piracy in the Age of Global terrorism, (Taylor and Francis, New York, 2006),
MSC (2016). MSC.1/Circ. 1526, 1 June 2016 Interim Guidelines on Maritime Cyber Risk Management Annex para 1
MSC (2017). IMO Resolution MSC.428(98) (adopted 16 June 2017) para 2
Oceans (2017). The Ocean Conference, UN 2017 Factsheet www.oceanconference.un.org.
OED (2011) Oxford English Dictionary. 20 Vols. ‘security, n.’ Entry 174661,
SOLAS (1974). http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/International-Convention-for-the-Safety-of-Life-at-Sea-(SOLAS),-1974.aspx.
UN (2008). UN General Assembly; Oceans and the law of the sea: Report of the Secretary General A/63/63 dated 10 Mar 08 para 39.
UN (2018a). https://www.un.org/sustainabledevelopment/oceans/
UN (2018b). https://www.un.org/sustainabledevelopment/oceans/
UNCLOS (1982). United Nations Convention on the Law of the Sea,
UNSG (2018). Oceans and Law of the Sea Report by the Secretary General of the United Nations 2018, para 6