Implementing and Enforcing Maritime Law Globally:
An Analysis for Improving Safety
Mayday, Mayday, Mayday – We think we know under what circumstances this term is used, but there are an infinite number of tragic events which can necessitate its broadcast. A seagoing vessel may have oars, sails, steam, diesel or nuclear propulsion: each has its pros and cons. This is an inquiry and examination of what has happened in the past, what was learned by mariners and investigators and to identify actions that can be taken to increase safety at sea for all mariners. From the infamous Titanic to accidents involving modern-day cruise ships, disasters at sea touch a person’s deepest fears. From cruise ships to supertankers and car ferries to bulk carriers, maritime accidents are the worst of all transport disasters. More than 190,000 people have been killed in shipping accidents in the last twenty years. (California Maritime Academy) A review of maritime accidents and painstaking forensic investigation will facilitate the reduction and prevention of accidents but will never eliminate their occurrence. Many problems arise when common sense runs up against the complex system, electrical or mechanical, both of which seafarers have become dependent on. An example of technology overriding common sense is when a seafarer becomes too accustom to warnings or notifications from a radar system; ignores or disables the indicators and results in a mid ocean collision or more commonly an unreported near miss. The investigation of each incident may reveal a single and easily solvable problem, or build an unsolvable mystery. Many investigations reveal matters of common sense applied to simple questions of cause and effect. More often the investigations illuminate complex layers of technical information that requires years of expert examination. Only through the investigation of failures, can designers improve the safety of complex systems. However, there is always the possibility that improvements may introduce new opportunities for disaster. Government investigators, insurance analysis and maritime engineering professionals continue to argue that the conventional engineering approach to ensuring safety--building in more warnings and safeguards--fails because systems complexity makes failures inevitable. There are many arenas that are being advanced to improve safety at sea. The primary focus of this document will be maritime law and enforcement issues. For completeness there are additional high priority examples.
The advancement of accident research should bring a greater degree of safety while minimizing the opportunity for disaster. The ultimate goal is the successful unraveling of the cause of disaster to ensure that such harmful or fatal accidents never happen again. The improvement of maritime safety requires multiple efforts to be unified toward a single purpose. The prevention of future disasters must include understanding of the past accidents and support global cooperation in the future. To achieve a unified approach we must appeal to all maritime entities from both a social and economic perspective. |