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Session 6 - Developing overall context and text
Chairperson - James Taylor, NLB
Legal Considerations in Implementation of LRIT - M. Tsamenyi, University of Wollongong
M. Tsamenyi noted that the International Maritime Organization (IMO) adopted the International Code for the Security of Ships and of Port Facilities (ISPS Code) and amendments to the International Convention for the Safety of Life at Sea, 1974 (SOLAS) in December 2002. The new code and SOLAS amendments have been formulated to enhance the security of ships and port facilities following the terrorist attacks of 11 September 2001. One of the issues discussed in this diplomatic conference but which the Contracting Governments of IMO have yet to reach an agreement on is the implementation of long-range identification and tracking (LRIT) of vessels
The presentation examined the key international legal considerations, deriving from the United Nations Convention on the Law of the Sea and other rules of international law that would need to be considered in the development and implementation of long range identification and tracking of vessels. The legal issues were considered in relation to:
・port State prescriptive and enforcement powers,
・coastal State prescriptive and enforcement powers,
・flag State prescriptive enforcement powers, and
・navigational implications (innocent passage, transit passage, archipelagic sea lanes passage and freedom of navigation in the exclusive economic zone and the high seas).
M. Tsamenyi indicated that, with the increasing need to protect maritime security and the technological advances in shipping, worldwide tracking of vessels will be inevitable. In the interest of proper and expeditious implementation of the LRIT system, the IMO, through its Contracting Governments, should establish clear regulations on the distance from the coastline up to which coastal states may track and identify vessels. The IMO should also continue to formulate procedures on the functional requirements of the LRIT as well as a security protocol whereby the confidentiality of information will be protected.
Discussion
Comments on the presentation included agreement on the emphasis on global tracking and addressing the coastal state issues. IALA was challenged to take the concepts presented on board and include them in the outcome of the seminar, as well as input to IMO. It was emphasised that was that the system must be global - both in policy and in practice.
In response to concerns over the inclusion of 'coastal' state in the LRIT discussions, M. Tsamenyi noted that, if the acquisition of info and the enforcement aspects are clearly separated, it is not a law of the sea issue. It was stressed that reporting of information at any range (i.e. 2000nm) an issue, however enforcement at that distance would be.
In response to a question on where terrorism fits within the UNCLOS aspect, M. Tsamenyi noted that the concept of Piracy is well defined, while terrorism is not. Depending on the type of incident, some terrorist acts can fall within piracy, however discussions are on-going as to the frill definition of what a terrorist act is.
In concluding the session, participants were reminded that M. Tsamenyi would be leading the break-out group on policy and legal issues.
2005 Questionnaire Results - N. Trainor, AMSA
N. Trainor provided an overview of the initial analysis of the 2005 LRIT questionnaire, highlighting changes from the 2004 questionnaire.
Discussion Groups - Sessions 6-9
Three Discussion Groups were formed:
・Functional Issues, led by M. Sollosi;
・Technical Issues, led by J. Arenstam; and
・Policy / Legal Issues, led by M. Tsamenyi
The groups presented their results in Session 8, and the text was finalized during Session 9. The final text developed by the groups is included at Annex 3.
Session 10 - Conclusions and Closing
Chairperson - Mr Torsten Kruuse, Secretary General - IALA
Conclusions and Recommendations
The Seminar agreed the following Conclusions:
It was concluded that:
1. The Objectives of the Seminar were achieved.
2. There is strong support for Global Tracking (90% of participants were in favour of Global Tracking).
3. In addition to security, global tracking should be used for safety, SAR and environmental protection.
4. The LRIT system should be as simple as possible.
5. Shipboard requirements should take advantage of existing equipment to the extent possible. Ships with equipment capable of providing LRIT data but not meeting the LRIT standard (to be finalized) should 'be grandfathered'. Ships without equipment should comply to the LRIT standard (to be finalized) through a phased in approach.
6. The term 'Coastal States' is not defined by SOLAS, therefore LRIT should address 'Flag States', 'Port States' and SOLAS Contracting Governments.
7. LRIT, as an information collection system, does not contravene UNCLOS.
8. A process needs to be developed at IMO to ensure that LRIT communications and service providers are kept apprised of changes to ship name, equipment unique identifier or MMSI.
9. There should be a single, international, independent oversight body for LRIT accountable to IMO.
10. The results of this seminar should be submitted to COMSAR as an action paper.
11. IALA is prepared to assist in developing procedures recommendations and guidelines for LRIT.
12. LRIT has the potential to be a component within the developing context of e-Navigation The e-Navigation concept may include internal and external communications. Further discussion is required on the e-Navigation concept.
The Seminar agreed the following Recommendations:
It was recommended that:
1. IALA alert its national members of the urgency to address outstanding LRIT issues at COMSAR 10 and MSC 81.
2. IALA, submit an action paper to COMSAR/MSC clearly indicating that the law of the sea issues arising from the LRIT are already adequately covered by UNCLOS. IALA will seek to obtain support from National Members.
3. IALA continue to assist in developing procedures, recommendations and guidelines for LRIT.
4. IALA further develop the e-navigation concept in its 2006-2010 work program.
Concluding remarks
M. Sollosi provided a concluding presentation, noting the key objectives of the Seminar, and highlighting the issues that remain to be resolved. He thanked the hosts for providing such an excellent working and meeting environment. The effort to reach agreement takes time and careful consideration, and the environment of discussion provided at the seminar assisted in ensuring progress on the issues.
Seminar Closing
Mr. Kruuse congratulated all speakers on the excellence of their presentations and expressed gratitude once again to the Malaysian Light Dues Board, Penninsular for their excellent hosting arrangments. Specific thanks were extended to the team put in place by the host country to ensure the success of the event.
Finally Mr Kruuse expressed the appreciation of IALA to all delegates for their active participation in the Seminar. He noted the progress made, and encouraged all delegates to follow up on the action items that were developed during the seminar.
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