Marine transportation has an important role in the world wide trade, which makes it of interest to investigate how effective are the international regimes, which control it. The regimes are negotiated and agreed upon by governments but the actual compliance rests with the ship owners, who often operate world-wide and not in direct contact with the states, which register the ships. In this thesis the maritime safety regime is studied and a main question is whether the effectiveness of the regime is reduced by commercial interests. In the study I have primarily used international regime theory to assess the character and effectiveness of the safety regime and the influence of commercial interests. Especially the investigation has been pursued from an assessment of the effectiveness in a formal sense to the regime performance in actual real world operation
Contents
1 INTRODUCTION – HYPOTHESES
1.1 Introduction
1.2 Motivation for the study
1.3 Hypotheses
1.4 Outline of the study
2 THE INTERNATIONAL MARITIME REGIMES
2.1 Introduction
2.2 Formation of the international maritime regimes
2.2.1 The formation process
2.2.2 The Conventions
2.2.3 Actors
2.2.4 The intergovernmental conferences
2.2.5 The law of the sea – UNCLOS
2.2.6 Ratification and implementation
2.2.7 Summary
2.3 Operation of the maritime regulations
2.3.1 Actors
2.3.2 Flags of convenience
2.3.3 Port State Control
2.3.4 Coastal states
2.3.5 Summary
2.4 Conclusions
3 THEORETICAL FRAMEWORK
3.1 Motivations for choice of theories
3.2 International regime theory
3.2.1 Introduction
3.2.2 Regime effectiveness and robustness
3.2.3 Regime characterization
3.3 Logic of appropriateness – Path dependence
3.4 Main operational procedure
3.5 The maritime safety regime
4 REGIME FORMATION
4.1 Main questions
4.2 Characterization of the maritime regimes
4.3 Regime effectiveness
4.4 Regime robustness
4.5 Commercial interests
4.6 Concluding remarks
5 REGIME CONTENT
5.1 Hypotheses
5.2 Actions by epistemic communities
5.2.1 Definition of epistemic communities
5.2.2 Activities of the epistemic communities
5.3 Logic of appropriateness
5.3.1 Development of regulations
5.3.2 Accident prevention contra mitigating consequences
5.3.3 The human factor
5.3.4 Discussion and conclusion
6 THE REGIME IN OPERATION
6.1 Main questions
6.2 Actors’ perspectives
6.2.1 Interdependence states – ship owners
6.2.2 The state perspective
6.2.3 The ship owner perspective
6.3 Operational considerations
6.4 Regime adherence
6.4.1 Detentions
6.4.2 Lack of resources
6.5 Effects of open registries
6.5.1 Attraction of open registries
6.5.2 Standards of the open registries
6.5.3 Standards of the top flag states
6.6 Regime effectiveness, conclusions and discussion
7 REFLEXIONS (Discussion)
7.1 Perspective
7.2 Theoretical framework
7.3 The empirical study
7.3.1 Operational questions
7.3.2 Sources, empirical material
7.3.3 The analysis
7.4 Effectiveness
7.5 The political science perspective
8 CONCLUSIONS
9 REFERENCES
Author: van Berlekom, Willem
Source: Goteborg University
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