Maritime transport security regulation: Policies, probabilities and practicalities

Abstract

This paper examines the global regulatory environment that has emerged as a direct result of the events of September 2001, with particular reference to maritime shipping and container transport security. In examining the range of regulatory initiatives that have been introduced by national, regional and international policy makers, it analyses the appropriateness of the various policy responses from the perspective of risk management and commercial practicality. In doing so, the authors identify key features of an effective regulatory compliance regime, and the likely impact of specific policies on both regulatory control and trade facilitation. The paper concludes that many government responses to the international security threat merely lead to an increase in the regulatory burden on honest traders, and achieve little in the way of enhancing their ability to identify potentially high risk consignments. It also identifies the need for a balanced and cost effective approach to regulation in which the elements of both enforcement and incentives to comply with regulatory requirements are present, in preference to a prescriptive approach that is likely to be not only less cost-effective but also more disruptive to commercial operations.