Managing Security Risks at Sea: A Challenge for the Shipping Industry

Hans Liwång, (Swedish Defence University), Karl Sörenson (Swedish Defence University) and Cecilia Österman (Linnaeus University)

 
Cross_ocean_big_ship_strandedShip security measures are often the first and only measures preventing criminal acts at sea. At the same time ship operators have had problems defending the quality of their ship security analysis when it is challenged. Ship security management is today prescribed to be risk-based which has two objectives: to effectively reduce the security risk to acceptable levels, and to create a security culture in the organization that supports effective ship operation on an everyday basis. Handling the organizational culture is especially challenging because of the subjective nature of risk perception. Another challenge is that risk analysis often suffers from a too narrow perspective when it comes to identifying threat, hazards and consequences. In a recently published article in the WMU Journal of Maritime Affairs, the authors identify challenges for ship operators when preparing for security threats. The study investigated the methodology for risk analysis. It focuses on two central aspects: understanding the threat and understanding how a security threat can affect the crew and operation of the ship. These two areas were chosen because they are not assumed to be a natural part of a ship operator’s organizational knowledge although they are crucial for successful risk mitigation.

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Norm Subsidiarity in Maritime Security: Why East Asian States Cooperate in Counter-Piracy

Terrence Lee and Kevin McGahan, National University of Singapore

Malaysia, Singapore and Indonesia are the three key littoral countries that border the Straits of Malacca, a major waterway and transit area in Southeast Asia which has traditionally witnessed a fair amount of maritime piracy through the ages.  While these countries generally hold many things in common, such as historical, linguistic and cultural ties, they are also differ significantly in terms of strategic and economic interests.  Despite these important differences, why have Malaysia, Singapore and Indonesia been able to cooperate in implementing and enforcing an anti-piracy regime that has been relatively effective? In a recently published article in the Pacific Review, we seek to engage this research question. We initially draw on theories in international relations that are informed by rational choice to explain international cooperation, namely neorealism and neoliberal institutionalism. We argue that key developments of the anti-piracy regime are not fully explained by such rationalist theories, which often stress strategic and material interests of states. In fact, despite rising levels of piracy in the Straits that threatened commercial and strategic goals, for many years the littoral states demonstrated only modest cooperative initiatives.

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The Fourth Annual International Maritime Security Conference ‘Governance’ 23/24 March 2015

Global Directions, Merton College Oxford in Conjunction with the Hudson Trust and the First Sea Lord’s Fellowship

Anja Shortland, Julia Amos and Sarah Percy

merton colour crest-lgeThis year’s conference was on the theme of “governance” and explored both state and non-state responses to insecurity, risks and opportunities in the maritime domain. It saw the return of leading international academics and policy officials who have been engaged since the first such event and the expanded interest both in terms of numbers and their background. It was a timely examination in light of developments in the Indian Ocean which have seen UN activity extend from piracy to other maritime crime, and stresses on national governance leading to significant insecurity in the maritime zones of West Africa and SE Asia, and resultant international political, including G7, interest.

Formal institutions, laws, regulations and enforcement usually arise when it is perceived to be in a state’s national interest to provide them or contribute to a collective effort. Informal and extra-legal institutions are private sector solutions to the absence of law and order or the lack of state enforcement of rules and norms.

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China’s Strategic Dilemma in the Indian Ocean

David Brewster, Strategic and Defence Studies Centre, Australian National University

 

Divisions_at_INAChina is facing a growing strategic dilemma in the Indian Ocean. The balance of power in the Indian Ocean is changing, driven by the erosion of the longstanding US strategic predominance and the rise of China and India as major powers. Many analysts see a significant danger of an increasing strategic contest between China and India in the Indian Ocean as they jostle for influence and position in ways reminiscent of US-Soviet rivalry during the Cold War. China’s strategic relationship with the United States in the Indian Ocean is relatively stable. But China faces considerable long term geostrategic disadvantages in the Indian Ocean as compared with India and has few options available to mitigate those disadvantages.  In a recent article in the Journal of the Indian Ocean Region, David Brewster explores these vulnerabilities and contrasts them with a common narrative in which a Chinese juggernaut is developing a threatening security presence in the region.

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Flag States, Privately Contracted Armed Security Personnel and Human Rights Violations at Sea

By Jessica N.M. Schechinger, Amsterdam Center for International Law, University of Amsterdam

Armed_guard_escort_on_a_merchant_shipIt is considered to be the task of a flag state to provide security to commercial vessels flying its flag (Spearin 2012). Yet flag states increasingly transfer this task by allowing ship-owners to hire Privately Contracted Armed Security Personnel (PCASP) in order to protect vessel, cargo, and crew against piracy. In the Indian Ocean, for example, there are reportedly over 140 companies providing armed protection to vessels, employing a minimum of 2,700 armed guards (Tondini 2012). Compared to the classic situation where PCASP operate on land, more actors (both states and non-state actors), nationalities and jurisdictions are involved when PCASP operate on the high seas. Matters are often complicated due to the possibility of overlapping jurisdictions for the prescription and/or the enforcement of rules. The use of PCASP to protect international trade at sea can thus be rather problematic in practice, particularly in terms of accountability for human rights violations. A recent book chapter by Jessica N.M. Schechinger addresses this issue. It analyses the legal implications of human rights violations at sea by PCASP, and discusses the possible responsibility of flag states under international law.

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Combatting Maritime Piracy: African Perspectives on an Emerging Threat

Henri Fouché, University of South Africa (UNISA)

080906-N-1082Z-055In 2014 the South African Journal Acta Criminologica (Southern African Journal of Criminology) published a special edition on African perspectives on combating maritime crime. Most articles are based on papers presented at a conference entitled “Sea Piracy: International and Continental Responses” organised by the University of South Africa (UNISA) and which took place from 3-5 September 2013 at Muldersdrift, Gauteng province. The aim of the conference was to discuss and explore best practices for dealing with maritime piracy in terms of pro-active responses, jurisdiction and prosecution as well as new avenues for further research in the area of violent and organised crime in the maritime domain. Sixty delegates from navies, police, academia, and government departments, commercial shipping and international organisations participated in the conference. The conference took place at a time when the lessons learned from dealing with piracy off Somalia were able to be analysed, good practices extracted and recommendations formulated to deal with, not only piracy, but also possible future threats to security emanating from the African Maritime Domain.

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Towards Blue Justice: Common Heritage and Common Interest in the Maritime

Peter Sutch, Cardiff University

The importance and complexity of our political, economic and environmental relationship to the sea makes the evolution of a contemporary normative vision of the maritime essential. We need Blue Justice for the blue economy and for the increasingly contentious politics of the maritime. In this blog I want to make a plea for a renewed political theory of the Maritime – A second Grotian moment that generates a Mare Iustitia rather than a Mare Liberum.

In a recent and fascinating piece on this website, Barry J. Ryan urged a critical engagement with the sea and its architecture of freedom and argued persuasively for a normative vision for the sea. Because readers of this blog will have access to that work I want to start there and begin to outline the contours of blue justice. Barry Ryan took the tensions between the freedom of the sea and the idea that the sea is the common heritage of mankind (as well as our outdated distinction between politics on land and politics at sea) as the starting point for his critical and normative argument. He also showed how powerful states carve up this common heritage securing for themselves, rather than mankind, the commercial and military benefits of our common freedom of the sea. We can learn a lot from this – we clearly need normative principles that encourage us to pursue activities in the maritime with at least some concession to the common good. But the foundations of blue justice are such that determining the common good is even more complex than this suggests. The multiple and fragmented legal frameworks that apply to the sea divide the maritime as much as the freedom grabbing of littoral states. Read more →

International Relations Must Challenge the Freedom of Security at Sea

Barry J Ryan, Keele University

We should be embarrassed that so little has been written about the politics of the sea in the field of International Relations (IR). Traditionally limited to the study of relations between states, even the cultural turn that so reinvigorated scholarship in IR a few decades ago has maintained the focus of research on political phenomena that occur on land. Flicking through a basic textbook in IR one would be forgiven for concluding that IR is a landlocked discipline. As a discipline, its knowledge of the role played by the sea in global history is, simply put, too basic and thus dangerous. More often than not it comes down to simplistic statements about the freedom of the sea that are too rarely critically challenged. The danger lies when maritime commentary bases its analysis on this freedom, writing about it as though it has always existed, that it is sacrosanct and that it must be maintained for the good of humanity. Military intervention is usually justified on the basis that the freedom of the sea is a fundamental principle of human progress. The open sea, we are told, must be secured, for commercial reasons, for environmental reasons, and for moral reasons. Read more →

What Future for the Contact Group on Somali Piracy? Options for Reform

Christian Bueger, Cardiff University

2016 marks the beginning of the transition of the counter-piracy response in the Horn of Africa. Many states have already significantly reduced their involvement in counter-piracy. Recent revisions of the counter-piracy architecture raise the question of what the future holds for the main coordination body, the Contact Group on Piracy off the Coast of Somalia (CGPCS).

panel

Recently, the High Risk Area has been revised, which documents that international stakeholders are altering the approach they take to contain piracy. While the US-led Combined Maritime Forces (CMF) have announced in July 2015 to continue their operation, the mandates of the two other missions, NATO’s Operation Ocean Shield and the EU’s EUNAVFOR Atalanta, are under review. There are clear expectations that the EU will continue the mission in one form or another and maintain the Maritime Security Centre Horn of Africa, important for situational awareness in the area. These developments need to be seen against the backdrop of the assessment that no large scale piracy attack was successful since 2012. Notwithstanding, the threat of piracy in the region persists. This is clearly highlighted by the 2015 threat assessment of the military missions and further evidenced by recent reports of low scale hijackings and hostage taking attempts.  Read more →

Contemporary Piracy as an Issue of Academic Inquiry: A Bibliography

Jan Stockbruegger, Brown University, & Christian Bueger, Cardiff University

We have compiled a new version of the Piracy Studies Bibliography, which you can access as PDF here.

The aim of this bibliography is to gather a comprehensive collection of academic works on contemporary (post WWII) maritime piracy, with a focus on academic books, journals and working paper. In addition the bibliography includes some titles on the history of piracy, and some general interest literature on piracy. The present version includes almost 600 entries. It documents the extent to which piracy has become a serious issue of academic inquiry, and how investigations of piracy contribute to general discourse and debates in International Relations, Area Studies, Maritime Studies, International Law, Criminology, and other disciplines. We hope that this bibliography helps you a little bit to find your way through the piracy studies literature. Please access the bibliography here.

Economic Factors for Piracy: The Effect of Commodity Price Shocks

Alexander Knorr, University of Colorado

The_Battle_of_Trafalgar_by_William_Clarkson_StanfieldModern maritime piracy has become a significant issue which costs the global economy $24.5 billion per year. The International Maritime Organization (IMO) reports that attacks in major waterways have increased over the past decades. Extensive research has been done with regard to countering piracy and understanding the resurgence of attacks since the early ‘90s. What are the mechanisms which drive different people in different countries across the globe to all participate in such illegal activities? One of these mechanisms is addressed in a research notes article recently published in the journal Studies in Conflicts and Terrorism.

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Norm Subsidiarity in Maritime Security: Why East Asian States Cooperate in Counter-Piracy

Terrence Lee and Kevin McGahan, National University of Singapore

Malaysia, Singapore and Indonesia are the three key littoral countries that border the Straits of Malacca, a major waterway and transit area in Southeast Asia which has traditionally witnessed a fair amount of maritime piracy through the ages.  While these countries generally hold many things in common, such as historical, linguistic and cultural ties, they are also differ significantly in terms of strategic and economic interests.  Despite these important differences, why have Malaysia, Singapore and Indonesia been able to cooperate in implementing and enforcing an anti-piracy regime that has been relatively effective? In a recently published article in the Pacific Review, we seek to engage this research question. We initially draw on theories in international relations that are informed by rational choice to explain international cooperation, namely neorealism and neoliberal institutionalism. We argue that key developments of the anti-piracy regime are not fully explained by such rationalist theories, which often stress strategic and material interests of states. In fact, despite rising levels of piracy in the Straits that threatened commercial and strategic goals, for many years the littoral states demonstrated only modest cooperative initiatives.

Read more →