Maritime Laws, Policy and Governance – A Review of Jurisdiction and Enforcement Issues at International, and National Level

International Maritime law is a system of laws, conventions, treaties and regulations that govern activities on the seas and oceans. It provides a legal framework that regulates activities on the high seas i.e. areas beyond any national jurisdiction as well in Maritime Zones within the jurisdiction of a state, such as, Territorial seas, Contiguous zone and Exclusive Economic Zones, and inland waterways (Jose, 2024). It covers a wide range of issues, from navigation, shipping, seafarer welfare, fishing, marine pollution and conservation of marine environments etc. Effective maritime governance is crucial for fostering global and regional trade, protection of life & assets at sea, protection of marine ecosystem and to harmonizes stakeholder interest for sustainable global prosperity. In fact, “International ocean governance is about managing the world’s oceans and their resources together so that they are healthy and productive, for the benefit of current and future generations” (European Commission, 2024).

The United Nations Convention on the Law of the Sea, also known as UNCLOS, is widely recognized as the general legal framework within which all activities in the oceans and seas must be carried out (UN Secretary-General, 2003). Within the ambit of United Nations Convention on the Law of the Sea, the International Maritime Organization (IMO) has a mandate as a global legislative entity to further regulate maritime issues on the basis of many of its provisions (International Maritime Organization, 2024). The four pillars of IMO’s policy and legislation are the Safety of Life at Sea (SOLAS) Convention, the
International Convention for the Prevention of Pollution from Ships (MARPOL), the Convention for Standards of Training, Certification, and Watch keeping for Seafarers, and the Maritime Labor Convention. 

With the institution of International maritime legal framework, the system of ocean governance has improved significantly in the last decades. However still there are emerging challenges related to maritime jurisdiction and enforcement at international and national level. The systemic failure in the governance of the maritime sector is evident from the widespread inability of many shipping policies to address the problems of environments, security, safety, and environmental concerns of oceans (Lukaszuk, 2019). The governance at sea is also complicated due to the spread of globalization and technology which has accelerated in recent decades and intensified the inadequacies of the marine governance system (Vallega, 2001).
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