Sustainable maritime legislation: The case of the International Ship and Port Facility Security Code

Autor: Stavroulakis, Peter J., Georgoulas, Dimitrios, Gerakoudi-Ventouri, Kelly, Iosifidi, Garyfallia, Papadimitriou, Stratos
Zdroj: WMU Journal of Maritime Affairs; 20240101, Issue: Preprints p1-28, 28p
Abstrakt: The shipping industry provides mobility, in a global scale. As such, it is governed by international law. The latter cannot be enforced, and its effectiveness relies on the consent and cooperation of the global community. As a result, it can be increasingly difficult to reconcile the different cultures and policies of many nations with an international agenda. Adding to this, there are numerous difficulties in streamlining policies that shipping companies may conceive as a cost, rather than a necessary measure to promote sustainability, the environment, and a safer and more secure global context. One of the more important segments of the Law of the Searefers to the International Ship and Port Facility Security Code(ISPS). The latter was introduced after 9/11 as an amendment to the Safety of Life at Sea (SOLAS) Convention (1974/1988). As such, it refers to a pinnacle in international maritime law as a principle for safe and secure shipping. Its practice is, of course, partial to the issues facing international law in general. One such issue that could threaten its sustainable manifestation pertains to alienation within the industry and, in particular, between academia and practice. Using a three-factor instrument, this study provides strong evidence of divergence in the perceptions of academics and practitioners with reference to ISPS implementation. This situation requires attention because international law cannot be effective unless the entire industry is aligned. These findings are important as they may pave the way towards a more streamlined design and implementation of international law.
Databáze: Supplemental Index