Beyond the Horizon: Navigating Safety and Sustainable Shipping through World Maritime Day

Introduction to World Maritime Day

There is no day more well-suited to highlight the important role of the maritime industry than World Maritime Day on the 26th of September. The first celebration was in 1978 to commemorate the 20th anniversary of the International Maritime Organization (IMO) Convention’s entry into force in 1958. This day marks the maritime industry’s contribution to the global trade economy. Today, its celebration has grown to become a key platform for discussions regarding maritime issues. This year alone, the IMO has designated the theme of “Navigating the future: safety first!“, following its tradition of themes revolving around maritime safety. Such is a fitting theme to emphasise the IMO’s commitment in enhancing safety and security in maritime operations. Furthermore, this theme underscores the importance of protecting the marine environment by developing regulations that can anticipate future advancements in technology and innovation. The goal is to balance safety, technological innovation, and environmental concerns while maintaining the efficiency of international maritime trade. 

 This year’s theme is relevant to the United Nations’ (UN) 2030 Agenda for Sustainable Development and its 17 Sustainable Development Goals (SDGs). This connection is significantly emphasised in Goal 14, ‘Life Below Water,’ which focuses on conserving and maintaining the use of oceans, seas, and marine resources for sustainable development. Perpetually in line with the roles of other SDGs, intertwining maritime safety with states’ environmental sustainability, accentuates the crucial involvement of the maritime sector in achieving broader global goals. Furthermore, this comprehensive framework – which includes the 17 SDGs, and 169 targets – is committed to achieve sustainability across economic, social, and environmental dimensions. Together, these three pillars are becoming the key parameters for achieving sustainability.  

United Nations’ Agenda for Sustainable Oceans and Marine Resources

The UN’s 2030 Agenda for Sustainable Development and its 17 SDGs were established in 2015 by the UN General Assembly, which updates the previous framework known as Agenda 21. Among these goals, the notion of ocean sustainability falls under Goal 14, focusing on conserving and sustainably using the oceans, seas, and marine sources. Additionally, Goal 14 aims to manage and defend marine coastal ecosystems from pollution, while also acknowledging the impact of ocean acidification. Moreover, this goal comprises ten specific targets addressing various ocean issues, which includes reducing marine pollution, protecting marine and coastal ecosystems, minimising ocean acidification, regulating fishing practices, improving marine biodiversity, giving access rights for small-scale fisheries and enhancing conservation and sustainable use of oceans.

The importance of Goal 14 cannot be overstated, given that oceans substantially contribute to the global economy; cargo shipping, offshore operations, marine biotechnology and fisheries constitute the engine of the maritime industry. This underscores the gravity of a sustainable blue economy, a term defined as “the sustainable use of ocean resources for economic growth, improved livelihoods, and job creation while preserving the health of ocean ecosystems.” In short, blue economy seeks to balance economic growth with environmental protection. Nevertheless, Goal 14 faces a number of challenges, including marine pollution, climate change impacts and the overexploitation of marine resources. Thus, Goal 14 is reinforced by conventions such as the United Nations Convention on the Law of the Sea (UNCLOS) and those established by the IMO. These instruments form the basis of ocean governance, providing the essential framework to implement the targets within Goal 14.

Core Pillars for Sustainable Marine Development and Shipping

Achieving sustainable marine development and shipping would be an intricate objective in the absence of any legal framework. Hence, such mechanisms must be provided to protect marine ecosystems, in addition to promoting efficient management of marine resources. Yet, the execution and enforcement of these instruments present considerable obstacles. This section analyses the main legal instruments and frameworks regulating sustainable maritime development and shipping, highlighting the issues associated with adapting to a new era. At the core of this regulatory landscape, two key pillars of this legal framework are, (a) UNCLOS and (b) IMO; both of these constitute the cornerstone of international maritime law and regulations. 

United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS serves as a comprehensive legal framework that establishes a balanced and solid regime for the utilisation of the ocean and its resources. According to its preamble, UNCLOS aims to create a legal order for the seas and oceans that shall facilitate international communication, promote peaceful uses of such a region, ensure equitable and efficient utilisation of their resources and conservation of their living resources, as well as  highlight the protection and preservation of marine resources.

The rights and responsibilities of states regarding ocean exploitation are equally codified under UNCLOS. For instance, Article 56 of UNCLOS grants states with the authority to use their natural resources within the Exclusive Economic Zone (EEZ), whereas Article 87 establishes the norms governing the high seas. Governance of marine resources, fishery, shipping and marine pollution are also regulated by the Convention. Specifically, Article 194 of UNCLOS obligates state parties to undertake measures in the prevention, reduction and control of any pollution affecting the marine environment. Subsequently, it constitutes an in-depth regulation for fisheries, with the objective to ensure proper conservation and management of living resources in the EEZ, as well as to provide the underlying guidelines for sustainable fishing practices.

International Maritime Organization (IMO)

IMO plays an important complementary role in creating a regulatory framework that focuses on international shipping. Established in 1948, IMO is a specialised agency of the UN responsible for maintaining safety and security of international shipping through its convention called Safety of Life at Sea (SOLAS). With 168 state parties as of 2023, this convention represents nearly 99% of global merchant shipping tonnage. This indicates that nearly all passenger and merchant ships worldwide must adhere to SOLAS, especially since SOLAS obligates state parties to ensure that their vessels follow these requirements. Moreover, SOLAS is considered to be the most vital international treaty that regulates the safety of merchant vessels and their crews. It provides minimal safety requirements to be complied during the construction and operation of merchant vessels. 

As the IMO prioritised shipping safety, pollution emerged as a new problem. Nevertheless, the mitigation of marine pollution caused by ships is an endeavour that the IMO has taken on. In this vein, the organisation has established multiple agreements and protocols in support of such objectives.

The Catastrophe that Changed International Maritime Law

A key turning point in the evolution of international maritime law was the Torrey Canyon Oil Spill in 1967, where more than 100,000 tonnes of oil was spilled into the English Channel. The accident unfolded when the Torrey Canyon cargo ship was cruising from Kuwait to Pembrokeshire and became stranded on rocks near Cornwall’s coast. This disaster gravely affected the local inhabitants and caused severe damage to marine life. The environmental impact was catastrophic, killing thousands of seabirds as well as damaging neighbouring beaches and shorelines, thereby threatening marine life and local ecosystems. 

As a response, measures were taken to reduce the hazards and risks of pollution from shipping. This led to the adoption of international regulations addressing  civil liability for environmental damage. The existing regulations frequently adopt a similar approach, including specifying activities, types of damages, standards of care and maintenance requirements, as well as providing recognition and enforcement of judgements. A notable example is the International Convention for the Prevention of Pollution from Ships (MARPOL), particularly MARPOL 73/78, which establishes standard procedures for cleaning engine room debris and oil cargo tanks.

MARPOL stands as the principal instrument that focuses on the prevention of marine environmental pollution caused by ships, specifically resulting from  operational or accidental causes. This convention regulates the prevention of pollution as an effect of  numerous harmful chemicals as outlined by the six annexes. Each of the annexes focus  on specific pollutants, including oil, sewage, garbage, and air pollution. Ultimately, these annexes guarantee a thorough strategy for reducing the negative effects of maritime operations.

Key Challenges Faced By Maritime Development and Shipping

a. Challenges to Ocean Sustainability 

An abundance of maritime issues have caused concerns towards the sustainability of the marine environment. Despite the global efforts to reduce plastic waste, the prevention of marine pollution remains ineffective as oceans are still affected by various contaminants that lead to an even more polluted environment. Furthermore, this issue endangers marine ecosystems and threatens human life. 

While we are still struggling to create a sustainable maritime environment, new challenges have emerged, surpassing the issues of marine pollution. Among these, overfishing has become a serious problem in the fishing regime due to the depletion of marine resources. Rebecca Hubbard, the director of Our Fish’s program, highlights the grave consequence of overfishing to the fish population and its habitats. Nearly 90% of the world’s fish populations are currently overexploited, indicating that the marine ecosystems are being exploited quicker  than their ability to regenerate,leaving insufficient room for population growth. 

This issue is further intensified by Illegal, Unreported, and Unregulated (IUU) fishing, which negatively affects sustainability, safety and environmental conservation by threatening marine biodiversity, livelihoods and expanding food insecurity. It  is particularly evident in the use of banned fishing gear and methods in protected areas, which harms fish populations and damages the corals and habitats. For example, the Pacific Ocean has been severely damaged by overfishing, in which several important species are at risk of becoming prone to extinction. As a significant contributor to social and economic development in the Asia-Pacific region, sustainable fishing is required in order to ensure long-term viability. 

Additionally, plastic pollution primarily caused by human activities has led to the contamination of the marine environment, posing a serious threat to human health. Exposure to harmful chemicals, including pesticides, metals, carcinogens, neurotoxins and other endocrine disruptors found in microplastics washed up in the ocean can cause hormonal issues, resulting in damages to the reproductive system. Other forms of pollution, such as mercury contamination from coal combustion may accumulate in the seafood consumed, presenting a dangerous risk to the brain development of infants and the cardiovascular health of adults.

b. Autonomous Shipping

The maritime industry is on the brink of an evolution with the emergence of autonomous shipping technologies, such as the Maritime Autonomous Surface Ships (MASS). This transition to autonomy aims to improve safety by reducing human error, optimising fuel consumption, route planning and sustainability in maritime operations. However, the incorporation of autonomous systems into the maritime industry presents its own set of challenges.

Autonomous maritime technologies have the potential to contribute towards the realisation of Goal 14. MASS allows the optimisation of maritime operations, alleviates environmental impact and improves safety at sea by integrating modern sensors, navigation systems, and artificial intelligence (AI). The incorporation of advanced sensors in MASS facilitates the monitoring and mitigation of marine pollution, specifically since it can swiftly detect and prevent oil spills. 

Improved safety at sea not only protects human life, but also prevents damage to marine ecosystems. Ultimately, such efforts support the achievement of Goal 14.2 (sustainable management and protection of marine and coastal ecosystems) and Goal 14.5 (conservation of coastal and marine areas).

The development of autonomous shipping is hindered by major legal obstacles. The lack of established legal frameworks for the MASS operations present considerable obstacles to their growth. This regulatory uncertainty causes concern for companies that are significantly investing in autonomous technologies, potentially hindering growth and investment in the field, thereby postponing the general adoption of autonomous shipping. Addressing this issue, the IMO is developing a legislative framework known as the MASS Code. This framework aims to ensure that its  legal structure remains in accordance with developments in technology. 

Recently, the IMO published its draft “Consideration of Proposals for Further Development of the Draft MASS Code,” marking an initial step in the regulatory process to autonomous shipping. Subsequently, the international maritime authority estimates that the non-mandatory MASS Code will be finalised and implemented by May 2025, followed by a mandatory version, which is expected to enter into force in 2032. Additionally, the IMO has issued ‘MSC.1/Circ.1604 -Interim Guidelines for Mass Trials’, in which it assigns an alternative standard adopted for safety and environmental protection. These steps are evidence of  substantial progress in establishing a comprehensive regulatory framework for autonomous vessels by 2030.

Despite its challenges, autonomous shipping possesses  a great potential for growth and innovation. It is anticipated that the global market for autonomous ships will experience a substantial increase, with projections indicating that it could reach as much as USD 150 billion by 2030 – a rise caused by a growing number of marine operations utilising autonomous technologies.

Conclusion 

In conclusion, World Maritime Day serves as an important reminder of the vital contribution the maritime industry makes to economic stability and global trade. This year’s theme, “Navigating the future: safety first!”, encapsulates the IMO’s continuous dedication to environmental sustainability and the improvement of safety and security in maritime operations. It is important to recognise the value in conserving our oceans and marine resources for future generations by aligning maritime safety with the SDGs, particularly Goal 14. The issues of marine pollution, overfishing and climate change highlights the importance of various legal frameworks and international conventions, such as UNCLOS and the IMO respectively. It is important that we responsibly and sustainably navigate the changes that are introduced by technological advancements; all parties involved must work together to create a blue economy that will prevail to ensure the preservation of our oceans as our source of livelihood and wealth.