EFFICIENCY AND EFFECTIVENESS IN MARITIME SAFETY ADMINSITRATION

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EFFICIENCY AND EFFECTIVENESS IN MARITIME SAFETY ADMINSITRATION

CHAPTER ONE

INTRODUCTION

Background of the study

In view of the great importance of administration today, it seems rather strange that the theoretical foundations are hardly sufficiently clear in this field. This is obvious when people try to harmonize the various conceptual interpretations of the term “administration”. Historically, the development of the concept of administration can be traced as far as the 15^th century (Strunz, 1995, p.54). At that time the term was used in connection with the private-law activities of the territorial princes. In the 18^th century, it was still used mainly in the context of the private economy, which referred particularly to the administration of assets, estates, property, and goods. During the same century, the concept shifted from such private-law matters to the activities of the State, referring to the administration of State property, or the administration of an authority.

The term administration went through further conceptual changes at the beginning of the 19^th century. It continued to be used directly for administrative activities in organizations on the one hand. On the other hand, it was eventually emphasised for the function of management in the modern State, the function of enforcement with authority. Generally speaking, the term of administration can be defined in both negative and positive ways (Winkle, 1958, p.66-86). In the negative definition “Administration is any activity by the State that is neither legislation nor jurisdiction.” The positive definition of the term is that “Administration is any activity aimed at the practical implementation of State functions, and it is the enforcement of laws by all non-judicial organs.”

In the maritime industry context, the term “administration” or “competent authority” is quite broadly used in government laws and regulations, especially in the international conventions. In SOLAS Convention 74, Chapter I, Regulation 2(b), “Administration means the Government of the State whose flag the ship is entitle to fly.” Article 2(5) of the MARPOL 73/78 Convention states that “Administration means the Government of the State under whose authority the ship is operating.” In the Convention C180 of the ILO, Article 2(a), “the term ‘competent authority’ means the minister, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of seafarers’ hours of work or rest, or the manning of ships.” Although the term “administration” is defined in different ways, suitable for the purpose of particular applications, it is generally accepted that in the maritime industry the “administration” is the government department or agency exclusively responsible for the work of maritime safety and prevention of pollution from ships, normally called the “maritime safety administration”.

According to Vanchiswar (1996, p.61) “the maritime safety administration is the specialised executive arm of a maritime government to implement or enforce the regulatory (and allied) functions embodied in the national maritime legislation, especially those pertaining to registration of ships, maritime safety, marine personnel, maritime casualty investigations and protection of the marine environment.” Due to the quite broad scope of maritime activities over which the government exercises its obligations, each maritime safety administration established in a specific country may reflect its own historical, customary and geographical features. Therefore, the organizational structure of the maritime safety administration must conform to the local circumstances, follow the development, and meet the requirements of that particular country. Some are called “the maritime safety administration”, while others are entitled “the coast guard” or even “the maritime administration”, which is usually regarded as having more functions than the maritime safety administration.

On the other hand, shipping is an industry of international nature. It is generally believed that maritime law has been well developed at the international level, particularly with respect to public maritime law, which later becomes the prerequisite and mandate of the maritime safety administration. So, the traditional roles and functions of maritime safety administrations in various countries must have something in common, and they will continue to be the basic functions of the maritime safety administration for the years to come. These roles and functions can be broken down into five broad areas, namely: flag state control, port state control, search and rescue, pollution preparedness and response, and navigational services.

The maritime safety administration is part of the State’s public administration. “The objective of the maritime safety administration within the framework of a country’s overall maritime activities is to provide the Government with the machinery which would enable it to satisfactorily and efficiently undertake those functions which are embodied within the country’s Merchant Shipping Legislation, i.e. National Maritime Laws.”(Vanchiswar, 1996, p.6-7). To understand the roles and functions of the maritime safety administration, the government intervention in, and general policy towards, maritime activities should be reviewed and discussed. In every maritime country, the government’s general policy in shipping may include two broad aspects, namely promotion of, and participation in, international shipping, and implementation of international obligations. Under international conventions, such as UNCLOS, SOLAS, MARPOL, and ILO C147, flag States and coastal States have certain rights and obligations. To enjoy these rights and to protect their national interests, States have to fulfil their obligations by ratifying the conventions, giving them legal effect, and enforcing them.

During the second half of the last century, especially the past three decades, great changes have taken place in the world shipping industry. This changing environment of shipping has challenged the maritime safety administration to adapt itself to meet contemporary requirements. As a major driving force, world trade has been increasing steadily. As a result, the world fleet has expanded in response to the demands of the world trade. At the same time, the structural changes of world trade have encouraged ships to become more diversified. Container ships and other sophisticated designs, such as LNG/LPG, are growing much faster than traditional ones.

Science and technology has changed the shipping industry significantly from the perspective of ship design and building to ships’ navigation and management. Ships are becoming much bigger, and much faster, while ships’ bridges are increasingly equipped with advanced and automatic equipment.

Perhaps the most important change with respect to maritime safety has been the re-thinking of the safety issue. Today the world maritime community believes that additional rules and regulations are not necessarily the only way to improve safety and prevention of pollution. Instead, taking proactive, rather than reactive initiatives, and enforcing existing regulations may be more effective in achieving the objectives of safety. In so doing, a safety culture needs to be encouraged within the safety net, and all entities in the shipping industry must play a broader role in the future management of safety.

Although the maritime safety administration is a government specialized agency with its objective directed towards maritime safety and prevention of pollution from ships, its broad functioning still falls generally under the definition of public administration. Therefore, the key roles of the maritime safety administration includes planning, decision-making, and coordination, as well as monitoring and supervision. In order to fulfil its duties and obligations efficiently and effectively, coordination and cooperatioin with the shipping industry is essential. This is particularly true in the areas of survey and inspection, search and rescue, and pollution preparedness and response.

Statement of the problem

There may have been previous researches in this subject. This work gives further explanations and analysis in efficiency and effectiveness in maritime safety administration. Change in the public sector is the rule rather than the exception. The goal of perfect government management has existed as long as there has been a government. Although change is a common experience in the public sector, the reform activity during the 1980s and 1990s has been extraordinary, not only in the number of reform initiatives but also in the fundamental nature of the changes being considered. The ideas contained in these reform efforts are mainly driven by the introduction of commercial performance into the public sector under the pressure of the general public, which is demanding deregulation, decentralisation, privatisation, etc.

The desire to improve organizational performance has focused particular attention on the pursuit of greater efficiency and effectiveness, which has been regarded as paramount in both private and public organizations. This pursuit, which has dominated government thinking in the last two decades and continues in the new millennium, merits detailed scrutiny. To improve its efficiency and effectiveness, the maritime safety administration should have a clear understanding of the issue “how safe is safe”. Based on this understanding, the work of the maritime safety administration may be improved by encouraging quality shipping, improving transparency, and establishing partnerships with the shipping industry.

Objectives of the study
To understand the impact of maritime safety administration have a strong and significant positive impact on maritime industry
To understand the relationship between maritime safety administration and maritime industry development.

Research questions

1.What is the impact of maritime safety administration have a strong and significant positive impact on maritime industry

What is the relationship between maritime safety administration and maritime industry development

1.5 Motivation of the study

The motivation of this study is to examine the necessity of maritime safety administration and the possible measures to achieve its objectives efficiently and effectively in a global sense, through discussions on the basic roles and functions of the maritime safety administration, the changing environment in shipping industry, and coordination and cooperation between the maritime safety administration and the shipping industry. Special emphasis is given to issues related to improving the work of the maritime safety administration with its limitation on aspects such as personnel, budget, and other abundant resources.

Significance of the study

This work brings more depth to this research, provides more insightful information and resources for future researchers. It also helps to push the boundaries of knowledge in this field of study