Maritime security traditionally focuses on maritime disputes, naval competition, Sea lines of communication (SLOCs), War at sea . The modern maritime securities after the cold war and 9/11 have been significantly changing and more complex, which is involving worldwide collaboration and mutual understanding .
The United Nations Convention on the Law of the Sea (LOSC) has been managing maritime issues fundamentally for years and acceptable as the basic convention on solving maritime dilemmas. Not only dispute among states but also managing sea resources among states. Remarkably, maritime issues have been developing into more complex and complicated regarding the modernization, globalization and transnational problems. This convention alone is not enough to provide complete guidance to manage the confronting interests on the sea.
The Law of the Sea framework satisfactory to address contemporary maritime security issues, especially on security measurements are questionable regarding the legal and consistency framework of security initiatives with LOSC, particularly whilst the agreements deal with political, legal and financial factors.
The 9/11 tragedy becomes a pivotal point to maritime security regulation regarding the fearful theory of next devastating attack from terrorist will occur from the sea . To prevent the threats, the International Maritime Organization (IMO) has issued several regulations concerning on maritime safety and security . International Ship and Port Facility Security (ISPS) Code is one of the most fashionable and revolutionary systems in the evolution of shipping industry security . The U.S established several security preventive policies such as the Proliferation Security Initiative (PSI), Container Security Initiative (CSI), Customs-Trade Partnership against Terrorism (C-TPAT), and Regional Maritime Security Initiatives (RMSI), where most of the U.S. regulations are based on partnership agreements .
These legal frameworks and initiatives offer a comprehensive system to preserve maritime security and consequently also caused several problematical issues regarding to political legal and economical factor on states practice. This essay will review the international and states practice on political, legal and expenditure problematic defiance on ISPS Code and related U.S regulations, especially PSI and CSI.
Maritime Security Regulations
The 9/11 tragedy has emerged the awareness of the U.S on the terrorism threat by all modes of transportation . Therefore, several security measurements and initiatives have been established in the form of multilateral agreement in order to keep the security threats far away from America as its seen in the U.S’ initiatives that the preventive action is solved outside of the U.S by their US Coast Guard, Custom or Navy . Furthermore, the U.S has succeeded to convince the IMO as the legal Maritime Organization to develop the international port security program and partnered with...