Key speakers were Dr. Rosalie Balkin, the Australian
Head of the IMO Legal Division, Dr. Rachel Bird, UQ Maritime
Law Unit and Wayne Taratoa, Security Manager Port of Brisbane
Corporation.
The Branch Chairman Professor Edgar Gold reported
on the Symposium in the May edition of 'Seaways'.
The Symposium was entitled 'Sea of Change; the
latest IMO initiatives, maritime security and implications for
Australia'. The principal speaker was Dr. Rosalie Balkin, Director,
Legal Affairs and External Relations for the IMO'. Dr. Balkin
provided an excellent outline of the IMO's current activities
in the area of maritime security, which is being given the highest
priority at this time. She focused on the work currently underway
in the IMO legal Committee on the revision of the 1988 Convention
for the Suppression of Unlawful Acts against the Safety of Navigation
(SUA) and its Protocol. Updating these instruments was considered
essential as they would provide the broader international legal
framework within the ISPS code.
Dr. Balkin noted that the SUA had now been accepted
by 115 states and its Offshore Platforms Protocol by 114 states.
More than one third of these acceptances had occurred in the
period since 11 September 2001. This showed that states were
aware ships could not only be used for terrorist activities,
but, like aircraft, could be used as the actual instrument to
cause maximum damage. The SUA discussion which commenced after
the Achille Lauro incident in 1985 has not foreseen the type
of terrorism the world is facing today. As a result, SUA is unable
to deal with today's problems.
Dr. Balkin explained that the present discussion
on the SUA revision is taking the IMO into new territory as a
number of aspects of the revision have become highly political.
For an organisation that has traditionally focused on the technical
aspects of 'safer ships and cleaner seas', this is definitely
a new direction. Several areas under revision are quite controversial,
for example the right of naval forces to board and inspect vessels
on the high seas is considered by a number of states to be a
departure from the traditional freedom of the sea.
There are also a number of 'transport offences'
included in the SUA revision that relate to the carriage of dangerous
substances that could be used for terrorist activities. Some
substances that are usually benign when used normally, but which
could be used to create dangerous materials, will be banned from
carriage at sea. The revision also includes a number of safeguards,
such as the requirement of flag state consent prior to boarding
by foreign naval forces as well as the protection of the rights
of seafarers. According to Dr. Balkin, quite a lot of negotiations
will yet have to take place before the revisions are tabled at
an IMO Diplomatic Conference in October 2005.