Introduction
In recognition of World Maritime Day 2008, Transport Canada hosted a Maritime Symposium in Halifax, Nova Scotia, from November 16 to 18, 2008. The event focused on a number of areas of Canada’s work with the International Maritime Organization (IMO), such as marine safety and security, environmental protection, Arctic development, and liability issues.
In particular, the Maritime Symposium served as a forum for generating Canadian input to the IMO.Canada and the IMO: Maritime Symposium 2008
The Welcome Reception on Sunday, November 16, which raised the curtain on the two-day event. Marc Grégoire, Assistant Deputy Minister, Safety and Security, Transport Canada officially opened the Maritime Symposium 2008 on November 17 with a keynote speech. This was followed by a formal address from Dr. Rosalie Balkin, IMO’s Director of Legal Affairs and External Relations Division. During her presentation, Dr. Balkin reinforced the need for ongoing efforts to uniformly enforce international standards for the global shipping industry, and announced the launch of the IMO’s campaign to attract new recruits to the seafaring profession.
Subsequent to the opening ceremony, topics addressed by panelists included, "Marine Safety – From Quality shipping to the Recruitment of Mariners", "Marine Security – Fostering Global Partnerships”, and “Environmental Sustainability". Discussions concluded with question and answer sessions with the panelists.
Marine Safety – From Quality shipping to the Recruitment of Mariners
Of particular interest during the Marine Safety panel was the issue of how future mariners can be recruited and provided with a meaningful seagoing career. The Port State Control inspection regime enforces, by means of Canadian legislation, a variety of international IMO conventions to which Canada is signatory to ensure safety in marine transportation in Canada for all involved, including seafarers. Other presentations reinforced the fact that seafaring should be considered a profession and that recruitment and training need to focus on that fact since 80 per cent of Canada’s trade is by water.
Specific areas of concern included recruitment and training of skilled personnel, career awareness and promotion, and narrowing the gap between seafaring and shore-based employment with regard to items such as benefits, leave, and overall working conditions in order to increase its attractiveness as a profession. To this end, several presentations suggested that a tripartite approach between the marine industry, regulators and unions would prove productive, and many advocated the formation of a Marine Sector Council at ILO. By the end of the session, all presenters had made it clear that given its central role in the shipping industry, the IMO will continue to be the focal point for discussion and leadership to address the worldwide seafarer shortage.
Marine Security – Fostering Global Partnerships
The session on Marine Security elaborated on the effectiveness of partnerships as an essential element of successful maritime management and key to all maritime security. During the presentations and subsequent panel discussion, capacity building emerged as a common theme. In order to proceed with full global implementation of the International Ship and Port Facility Security (ISPS) Code, all presenters indicated that bilateral and multilateral partnerships are of critical importance. Given the global nature of the shipping industry, threats to the safety and security of the marine transportation sector are an international problem that will continue to require international coordination to address. In Canada alone, one quarter of all trade worth some $100 billion is processed through its ports. Working toward safe and secure port facilities and marine transportation networks worldwide is vital to ensure global trade flows freely and efficiently between trading nations.
Some presentations stated that the ISPS Code should be minimum standard adopted by administrations worldwide, and that efforts to ensure effective and sustainable implementation are a priority. Countries such as the United States and Canada have entered into partnerships with important partners worldwide in order to provide guidance, and to engage in capacity building. Further cooperation and integration on security-related matters with partners worldwide was viewed as a potential step forward and the subject was broached for further discussion at the IMO. Finally, panelists indicated that overall, many developed and developing countries alike have the requisite political will in place to strengthen security of their marine facilities. However, many require financial assistance to do so. The IMO’s Maritime Security Trust Fund continues to be viewed as an important mechanism to provide support and encourage adoption of best security practices.
Environmental Sustainability
Presentations on the subject of Environmental Sustainability underlined the work of the IMO as integral to the protection of the marine environment and pollution prevention. The panel acknowledged that marine transportation incurs the least amount of emissions and greenhouse gasses compared to other modes. As such, it suggested that the marine industry might be well positioned to benefit from the movement toward more environmentally sustainable modes of cargo transportation.
To fully harness the potential benefits of such a shift, several panelists and attendees alike indicated that a balance must be struck between environmental protection and economic efficiency. In particular, consistent application of a single ballast water regime was highlighted as particularly important, as industry may find it challenging to comply with laws that vary on a jurisdictional basis. With regard to fuel emissions, there is support for the upcoming amendment to Annex VI of MARPOL. There is also some consensus amongst industry that economic incentives to switch to low-sulphur fuels would also assist to lower greenhouse gas emissions and reinforce the marine industry’s profile as the most ecologically sound mode of transportation. Canada fully supports the ongoing work of the IMO to protect the marine environment, and will continue to be engaged in future initiatives such as the upcoming diplomatic conference on ship recycling.
The following day, panelists covered such topics as "Arctic Legal Landscape – The New Shipping Frontier", and "International Maritime Law: What you need to know".
Arctic Legal Landscape – The New Shipping Frontier
Having the distinction as one of the most pristine and unique ecosystems on earth but perhaps the one most susceptible to effects of climate change, the Arctic will continue to be an area of special interest. Many Arctic states and other members of the international community have indicated that environmental protection and sustainable resource development are now priority items in light of recent evidence that ice in shipping lanes is decreasing. All presenters stated that they expect a key priority at IMO will be how these goals will be met and, given the number of states bordering the Arctic region, entail multilateral cooperation and coordination.
In addition to environmental protection, ship design and standards as well as personnel requirements were discussed. To provide the best assurance of safety should Arctic shipping increase, some presenters indicated that more stringent design and standards requirements should be put into place for vessels that will travel in ice-covered waters. Similarly, more seafarers may need training to sail in ice, and more qualified ice pilots will be required. Discussion ensued about the value of a program or initiative to inform industry about specific training requirements for ice-covered waters – the general sense is that this would be of high value to the shipping community, and that both design standards and seafarer training should be further discussed within IMO subcommittees.
International Maritime Law: What you need to know
Canada is a long-standing member of the IMO Legal Committee, which has developed an impressive list of major international conventions containing legal regimes on liability and compensation for damage arising from various maritime activities. In the panel discussion on International Maritime Law, two major IMO conventions were highlighted: the Nairobi Convention on the Removal of Wreck (2007) and the International Convention on the Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (1996). Key features of these conventions were discussed, including provision relating to entry into force and the future effort required to salvage the Removal of Wreck Convention.
An overview of the work of the Comité maritime international was also presented. The purpose of the Comité maritime international is to unify maritime law and to achieve the broadest possible consensus among the international maritime community, including industry, the legal profession, and governments. The liability issues with respect to the Removal of Wreck Convention were also discussed. The Convention follows the now-established model in liability conventions of shipowner strict liability, compulsory insurance and right of direct action against insurer, with important unique exceptions: no stand-alone limitation of amount of liability; and, claimants limited to coastal state public authorities.Conclusions
Overall, the recommendations and conclusions drawn from the discussions at the Maritime Symposium include the following:
The Maritime Symposium was attended by 191 delegates, including senior representatives from the Canadian, United States and European governments, the Maritime Authority of Jamaica, and marine stakeholders. Canada was honoured by the participation of Dr. Rosalie Balkin, IMO’s Director of Legal Affairs and External Relations Division, who represented the Secretary General. Marine stakeholders graciously hosted several of the hospitality events.
The International Maritime Symposium joined colleagues from the Americas, Europe, and India and around the world to engage in frank and open dialogue, to celebrate the successes and achievements over the past 60 years since the adoption of the IMO Convention and to discuss future challenges for the international shipping industry. While much contemplation, reflection and debate took place during the numerous panel presentations, all participants continued to voice their thoughts on these important issues throughout the entire symposium. This was most encouraging, and stands as testimony to the influence and importance of the IMO in the international system. Canada is honoured to have hosted representatives from IMO and administrations from around the world, and looks forward to the next six decades of participation and cooperation.