Maritime Law Enforcement
Introduction
The shipping industry is one of the most important means of transportation, being responsible for the effective and efficient transfer of goods, rendering of services, and employment. Compared to other means of transportation, such as aircrafts and automobiles, the shipping industry enables a company or a corporation to mobilize and to transfer goods and services from one region to another in bulks or in large quantities. In essence, when it comes to the transfer of goods, raw materials, and passengers from one point to another, ships can accommodated the largest quantities of cargo compared to other types of vehicles. In addition, because ships can travel internationally, certain businesses are largely dependent on its operations, such that companies doing businesses with other companies in other countries and continents, ship their goods in bulk through the shipping industry. Some also obtain their own shipping lines just to accommodate the high demand for the service and advantages it serves for the company.
However, due to its size and the large quantity it can carry, the shipping industry becomes a susceptible target for terrorism and other crimes that can delay and impair the operations of a company. In addition, due to the increasing number of ships and ports in different coastlines, it contributes to the increasing incidence of water pollution in different marine and estuarine environments. The increasing number of shipping lines also contributes to some important issues in relation to maritime control, which requires the need for international maritime laws and agreements.
Because of these issues, it can be argued that the use of aircrafts for maritime surveillance is needed to hasten and reinforce maritime surveillance within the area of coastal state jurisdiction. The use of aircrafts would become more efficient for the shipping industry because it would effectively observe the operations at ports, such as the extent of marine pollution and port operations. This paper expresses the view that aircrafts are needed to enhance maritime surveillance, especially for the merchant shipping industry. Discussion will also include surveillance and control of marine pollution, maritime crime, coastal state control, law enforcement, and the role and potential of technology for hastening law enforcement.
Changes in the Shipping Industry
(1996) reports that shipping has been important to the growth of the world economy for two reasons, where one is that, as world production expands, international transportation services are required to carry many raw and intermediate goods to manufacturing plants and finished goods to consumers, and second, it is a more cost-effective method than land and air transport for moving most bulk goods between nations. Without inexpensive, efficient oceanic transportation, world trade would not have grown as fast as it has because higher transportation costs lessen opportunities for exploiting comparative and competitive advantage ( 1996). In addition to this, changes happened in the shipping industry, as the growth of international shipping has been steady and dramatic over the past two centuries ( 1996), with the accommodation of more vessels involved in trade relations. The increase of fleets or vessels led to the accommodation of more cargo and more effective and efficient transfer to nations and states. With this, the role of merchant shipping lines became apparent and important for any industrial country.
The merchant shipping industry includes two types of vessels, namely, liner and bulk shipping, wherein liner shipping provides scheduled services at fixed rates between two or more ports and usually carries manufactured goods such as electronics, while bulk shipping operates mainly on a charter basis and specializes in the carriage of liquid and dry bulk commodities such as oil and grains (1996). However, despite the economic growth that the international trade brings through shipping, the high demand of these kinds of shipping vessels also brings and presents negative effects on the environment and to other aspects in the society, such as threats due to maritime crime and law violations. The changes that development brings to the society entirely affect the operations of businesses, thus, affecting the entire shipping industry. Due to the presence of the negative and deleterious effects as consequences of these changes, control and surveillance in the maritime industry must be implemented and accomplished.
Maritime Surveillance
Maritime monitoring or maritime surveillance can be defined as an operational function of observation conceded through in marine waters that allow accomplishment of several objectives of the maritime authority, such as the safeguard of resources, including fisheries and natural resources with the threat of depletion, tourism, internal security, national defense and upholding off the law in the areas under national jurisdiction ( 2007). In addition, maritime surveillance is needed by shipping industries to provide protection and monitoring against illegal immigration, drug trafficking, and other sources of crimes. It also aims to guarantee and ensure that passengers and cargos will reach their destinations on time, and with the intention of helping and rescuing ships in time of distress.
Moreover, surveillance in ports varies from region to region, depending on the geographic and political-economic situation. Because of this, coastal states must be prepared to make considerable investments both in human and material resources to ensure the benefit of territorial waters. With this, genuine capacity must be pursued to stop, approach, and apprehend ships that violate existing laws and regulations. This is why maritime surveillance is a vital part of the environment protection of waters and coastlines, of the sustainable management of the resources of nations, and of national sovereignty ( 2007).
Maritime surveillance is part of one’s nation or country’s maritime strategy, and serves as one of the rights and privileges of a nation, as it gives a country the ability to use its power to protect its territory. Maritime strategy can be defined as the art of directing maritime assets, or those that operate on, over and under the sea, to attain the required political objectives (2003). With a rational maritime strategy, maritime policy, which organizes matters relating to a country’s exploitation of the oceans, is designed to develop enough maritime strength to secure national and maritime interests. In essence, maritime strategy is the art of exerting sea power, maritime policy is the approach for implementing maritime strategy, and maritime strength is the instrument for achieving maritime policy (2003). The implementation and the achievement of these three objectives lead many nations or countries to attain national stability, in relation to coastal security.
Use of Aircraft in Maritime Surveillance
Because of the importance and role of maritime surveillance, several means are being used, to help sustain and enhance the protection in ports. Means of maritime surveillance include airplanes or aircrafts, satellites, patrol ships and helicopters, vessel traffic systems, port inspections ( 2007), and the implementation of technological means. The use of aircrafts or airplanes in maritime surveillance is essential as it takes part in overseeing the operations of ships in ports and coastal waters. Moreover, it has a wide range of geographical coverage that allows the shipping company to efficiently check on the conditions in the port as well as in the sea.
However, because of its position, aircrafts or airplanes do not possess means to take immediate measures against violators, limiting it to the observation and attainment of evidence for court, and instead, they have a preventive presence, which is efficient in limiting space and time intervals. In addition, using aircrafts can be extremely expensive, as it is selective in geographic and timing, and must be in coordination with coastal radars and satellites (2007). Thus, the use of aircrafts is not limited in using the aircraft itself, but the installation and use of expensive equipments, such as radars and satellites.
In relation to the problems being presented in this paper, which includes the increasing incidence of marine pollution, the existence and persistence of maritime crimes, and coastal state control, the use of aircrafts or airplanes can be used as a means to implement control.
1. Marine Pollution
It has been reported that the environmental awareness, especially with regard to oil pollution at sea, is growing in all countries around the world, and international agreements and treaties are being developed with increasing frequency to prevent oil spills, at minimizing its effects, and at legal action against the violators ( 2004). In detecting and preventing the harmful effects of oil spills, the use of aircrafts can be used, as it enables overseeing the location and the extent of the damage it brought about during the spill. To attain this, a modern and cost-effective approach that can be used is to combine the use of satellite-borne SAR or Synthetic Aperture Radar and dedicated surveillance aircraft with Side Looking Airborne Radar or SLAR and Infra Read or UV/IR scanner ( 2004).
The mechanism of the use of the two-combined machinery involves the use of the SAR satellite data as an overview to direct airborne surveillance. A radio can be used link images, reports and orders. Data from aircraft operations, which includes surveillance, detection, identification, analysis and interpretation, and report, will be passed on to a radar, which is involved in the overview, coordination and decision of the situation. The data will be picked up by a satellite and will be transferred to a base station. The data from the operations of the aircraft will then be used to respond to the several ship accidents, such as oil spills, for surveillance, oil sampling, clean up and rescue. In addition, satellite data will not substitute aircraft as monitoring platforms, instead, aircraft operations will be more cost-effective as its joint use of data from the satellite and the aircraft will be used for monitoring. Cost-benefit studies show that the costs per unit covered from a combined satellite or aircraft service are lower than the costs obtained from traditional operational systems ( 2004).
An example of its actual use and implementation is the North Sea and other waters in Europe, which is being serviced by the Tromso Satellite Station and has been operating its Oil Spill Monitoring Service over Norwegian waters based on satellite SAR data from the ERS and RADARSAT satellites since the 1980s. The device is dependent on weather conditions and the characteristics of the spill, but has proven to be a dependable tool in most conditions (2004). The use of the combination of aircrafts and satellites would be essential, as the aircraft would serve as the “eyes” of the shipping company and even the coast guards to in detecting accidents in the marine environment. In this way, the harmful and deleterious effects of oil spills, such as the pollution of the marine environment, the death of the organisms in the water, and the possibility of human food poisoning will be alleviated and eliminated. Through the data gathered by the system, action will be easily executed.
2. Excessive Fishing
In relation to coastal state control is the growing awareness in the protection against intruding fishing fleets into own economic zones (‘Maritime Surveillance with Combined Use of Satellites and Aircraft’ 2004), which contribute to the depletion of fishes and other marine organisms. The proliferation of fishers, combined with the greatly increased capacity of their equipment, has begun to put formerly populous species of fishes and marine organisms at risk ( 1994). Sonar and even aircrafts are being used by fishers to locate schools of fishes in the open ocean, giant nets allow them to literally strain the sea of fish, and coastal trawlers are being used, to drag nets along the seabed to catch large quantities of unwanted species (1994). Because of this, several species have already been depleted and as a consequence, fishers locate other areas to fish from and obtain their living, leading them to trespass to other fishing areas, not bounded by their territory. The depletion of some of the species in the ocean would entirely affect the food chain and food webs, and contribute to the extinction of some larger species. In addition, the depletion of specific species would also contribute to the depletion of food sources for humans. With this in mind, maritime surveillance must be extended to this issue, as it serves to one of the severe threats in the environment and in the shipping industry.
Because of this problem, the use of aircrafts or airplanes can be implemented as a means of detection, identification, analysis, and surveillance of unknown fishers and ships in a specific territory. The data gathered by the aircraft-satellite system can be used to identify the unknown marine vessel, and implement necessary punishments or violations in line with the vessels infringement of law or regulation. This would reinstate and reinforce a nation’s right to defend and protect their territory from intruders or invaders, which would accentuate the nation’s implementation of the law. In addition, through the use of data gathered by the aircraft, maritime surveillance will be improved, in terms of protecting the marine environment from intruders. Due to the existence and preservation of some sanctuaries in the open ocean, port authorities and governments can defend and shelter these sanctuaries through maritime surveillance. Through the protection of these sanctuaries, port authorities and the nation’s government can contribute to the preservation of the endangered species in the area, allowing them to proliferate once more, thus, reviving the gap that was lost due to the loss of the species. With the use and participation of aircrafts for maritime surveillance, port authorities can implement and reinforce the compliance of shipping vessels and shipping companies of laws and regulations regarding excessive fishing.
3. Maritime Crimes: Smuggling, Illegal Immigration and Drug Trafficking
Aside from oil pollution and excessive fishing, maritime surveillance is most applicable when it comes to preventing maritime crimes. Maritime crimes include smuggling, illegal immigration, drug trafficking, and piracy, and these crimes are sources of other crimes happening in the mainland or the society. Most of these crimes are being accomplished during the night, wherein most of the operations are not as intense as in during daylight. In addition, accomplishment of such crimes happens in the open sea, wherein rescue and resistance is almost impossible. (2005) reports that piracy is traditionally regarded as the enemy of the human race and punishable whenever encountered. Acts of piracy include murder, drug trafficking, robbery, plunder, and rape (2005). In relation to this, (2002) emphasizes that controlling the flow of drugs is an issue that the maritime industry will come to be more involved in, as the majority of illicit drugs enter the market through the sea. In addition, along with illicit drugs, terrorists and weapons of mass destruction can be placed inside box containers and allow entry into a country ( 2002). The inanimate cargo that containers may hold, which may include a nuclear device, or some other weapon of mass destruction, poses a more serious threat ( 2003). The cargo containing the weapons may pass through a port without being discovered, and be ferried with accuracy to any target desired (2003).
Environmental concerns also bear relevance to piracy and caused alarm in the world community, for a piratical attack on an oil tanker, could cause an oil spill disaster, or causing an accident that involves one or more vessels carrying environmentally destructive cargoes. In addition, piracy also includes hijacking of entire ships, involving organized criminals, committing large-scale theft, subsequent resale of cargo, which requires impressive resources and sophisticated planning (2005). In addition to this, terrorism can also be accomplished in the sea, as terrorists can have the freedom and the opportunity to carry out their plans. Through this, they can enter a territory freely and bring about fear and chaos among the citizens in that particular country or nation. Pirates and terrorists involved in these kinds of operations are ambitious and well organized, and should be distinguished from the larger number of petty opportunists whose presence has always afflicted remote ports and coastlines, such that new pirates and terrorists have emerged on the ocean, whose identities have been mixed and blurred and the rules of nationality have been undermined (2003). Furthermore, illegal immigrants enter nations illicitly through ports, which increase the illegal entry of criminals in a particular nation. Law enforcement on piracy is mainly governed by international law, such as the 1982 United Nations Convention on the Law of the Sea or UNCLOS, and other relevant international treaties. Nevertheless, as time passes, the existing legal regime has revealed a lack of effectiveness in breaking down contemporary policy (2005). Because of this ineffectiveness and lack of action, the use of aircrafts and satellite system would be appropriate for the surveillance of unknown ships in any territory. Through the aircraft-satellite system, port authorities can have the edge of detecting port operations and perform effective surveillance to prevent the increasing incidence of piracy and other maritime crimes. The use of this system would make it easier to detect the presence of pirates in the territory, which would enable authorities to seize them and put them in jail. With this, the implementation of international laws, such as the UNCLOS would be much more effective.
Role and Potential of Technology
The dynamic and adverse changes happening in the society today, including the changes and the advancements that happen in science and technology have contributed to the effective and efficient use of progressive devises and gadgets that ease the operations of many industries. One of the most used applications of technology is exhibited in the maritime industry. From this, it is evident that the role and potential of technology is essential for maritime operations. Aside from the fact that it is applicable in maritime surveillance as discussed, the role and application of advanced technology is also applicable in the merchant shipping industry through its use on building and enhancing the communication of the ships internally and externally. In using an enhanced computer software, the shipping industry can collaborate and coordinate with their base stations, in case of emergencies and when the need for rescue arises. In addition, through these add-ons, merchant ships will be able to promote the safety and well-being of their passengers more effectively.
In relation to maritime surveillance, the role and use of advanced technology is appropriate with the use of the aircraft-satellite system. It has been reported that Transport Canada maintains a watchful eye over ships passing Canadian waters through its National Aerial Surveillance Program or NASP, which is its principal means for detecting ship-source pollution in waters under Canadian jurisdiction ( 2006). The program is conducted over Canada’s Great Lakes since 1968, through four fixed wing aircrafts, which are located strategically across Canada to conduct pollution surveillance, and from the operations, evidence have been gathered to prove that this program is applicable in detecting illegal spills from ships, and in reinforcing legislations and laws, such as the Canada Shipping Act and the Migratory Birds Convention Act (2006).
In addition to this type of system are other means of technologies that could help with the effective and efficient detection and surveillance in ports and in ships. It has been reported that the Australian Customs Service supervises the security and integrity of the Australian border and assists their citizens and cargo to enter and leave their country through the application of advanced technology (2004). One of its technological applications is the implementation of new container examination facilities in the ports of Sydney, Melbourne, Brisbane and Fremantle for sea cargo inspection through x-ray technologies. These include the pallet x-rays, which allow the reduction of time for inspection and helps in effective detection capabilities once anomalies are found by the container x-ray. It provides a dual x-ray view from the top and the side of sea cargo containers. In addition to the pallet x-rays are the mobile x-ray vans and smaller x-ray machines that scan items, including parcels, international mails, air freights, and passenger baggage (2004).
Moreover, they also use a high-frequency surface wave radar, which can detect targets beyond the horizon, and has the potential to follow surface vessels and aircraft out to 300 kilometers and over and arc of 120 degrees (2004). The radar can be used in offshore and remote area surveillance, including the use of unmanned aerial vehicles (2004). The use of advanced technology in the Australian Customs Service also include television monitoring, which combines video and communication technology to present successful and well-organized coverage of waterfront activities, a radio technology, which has a voice-secure system that is compatible with other law-enforcement agencies, ionscan machines to investigate minute particles of illicit drugs from the clothing and baggage of passengers, and a detector dog unit to sniff out illicit drugs and other banned items (2004).
Through these applications in using advanced technologies, port authorities will be able to efficiently and effectively conduct their operations and surveillance that would enhance safety and integrity in ports of any nation. The application of advanced technologies is not merely dependent on aerial surveillance, but also on other means, such as those discussed in the paper. However, these applications entail a good deal of maintenance and allotment of resources for it to be able to maintain and sustain efficiently. With this in mind, it must be taken note of that the management of port authorities must be adequate and sufficient enough to sustain and maintain aerial surveillance operations.
Conclusion
One of the most essential and inevitable operations in the industry are the operations conducted by ports and ships. When it comes to transporting large and bulk quantities, the shipping industry renders the most reliable and credible service. Aside from the transfer of cargos, the shipping industry is also responsible for the transfer of passengers from one place to another, which must be secured and protected from intruders. In addition, the shipping industry is also responsible for the trade and transfer of marine animals and organisms, including fishes and other sea creatures, which are involved in human food consumption.
Because of this importance, maritime surveillance is important and essential to protect these operations. The use of aircrafts is one of the most efficient and effective way to detect, identify and report accidents, such as oil spills in the open sea and crimes, including piracy, terrorism, drug trafficking, and illegal immigration. The use of aerial surveillance can alleviate and even eliminate the increasing incidences of the mentioned crimes and accidents, which would help maintain and sustain effective operations and promote the safety and protection of many individuals.
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