UNCLOS is still essential, says ICS

This, says Peter Hinchliffe, secretary general of the International Chamber of Shipping, is because of the “comprehensive regulatory framework” developed by the IMO within the umbrella provided by the United Nations Convention on the Law of the Sea (UNCLOS).

“In part this is because IMO environmental regulations are genuinely implemented and enforced on a global basis through a combination of flag state and port state control”, said Mr Hinchliffe. His point is addressing those calls for a fundamental revision of UNCLOS as has been proposed by sections of the European Commission and some environmentalist NGOs.

Mr Hinchliffe says the present status quo contains a delicate balance of rights and responsibilities.

Apart from enshrining the principle of vital maritime rules UNCLOS also establishes the right of all nations to freedom of navigation on the high seas and the right of innocent passage in territorial waters. It also deals with delicate issues such as the rights of all ships to use international straits which are of great strategic importance.

Mr Hinchliffe added that shipping is a global industry requiring a global regulatory framework, not a patchwork of national rules which would bring about chaos, inefficiency, and have a negative impact on the smooth flow of world trade, as well as being detrimental to the protection of the oceans.

For example, the IMO has also developed binding rules to address damage to local ecosystems potentially caused by ship’s ballast water, as well as mandatory international rules to reduce sulphur and CO2 emissions.

Despite these calls, because UNCLOS addresses a number of other sensitive issues, not just affecting shipping, ICS believes it is very unlikely that governments would be willing to reopen what is a delicately balanced package.

“Shipping has a hundred years’ experience of international governance of its activities, and we would question any suggestion that UNCLOS is no longer fit for purpose, at least so far as the regulation of shipping is concerned”, concluded Mr Hinchcliffe.