This article aims to present the most relevant practices of offshore oil contracting at an international level, in order to better understand the legal dynamics of the sector. The problem investigated deals with the terms of the legal relationship between the State and national and foreign public companies, as well as the relationship between States, with a view to the exploitation of shared offshore oil resources. This problem is current, taking into account both the fact that oil is a scarce resource, as well as the fact that its offshore exploration is particularly complex and risky. This article presents, in a non-exhaustive way, some examples of practices that illustrate contractual trends that have already crystallized. The approach to its content is made from an international law perspective, focused on the transnational challenges posed to States and operators. It is concluded that the sector is characterized by a huge variety of practices, which reveals an ability of operators to adapt to the characteristics of the concrete challenges of an offshore exploration project. It also shows the political and economic particularities of the States involved in the process.
This chapter assesses the role of state-owned enterprises (SOEs) in ports and shipping. Insights from regulatory economics are used to identify industry characteristics under which the SOE model is expected to be effective. With the use of these insights, characteristics of ports, terminals and shipping services that may lead to the establishment of SOEs are identified. The empirical overview of SOEs in shipping and ports shows a rather large use of SOEs, especially in container terminal operations and port development. The use of SOEs particularly in port development can be well understood with insights from regulatory economics. The majority of SOEs in ports, terminals and shipping are active internationally. This raises important additional research questions, most importantly regarding the strategic rationale of SOE internationalization and the role of geopolitical considerations in international activities.
A new motivation for marine restoration has been observed, associated with the dissatisfaction with current marine restoration governance arrangements (MRGAs). An MRGA consists of alliances of public and private actors (coalitions) who, through their common conceptualisation of the problem (discourses), try to influence and design marine restoration activities while considering the rules of decision-making, and the management of limited resources. Emerging MRGAs rise in parallel to existing ones and aim to contribute to the same goals or show another way of reaching those goals. This phenomenon raises questions of legitimacy both for the emerging and the existing arrangement. Building on existing literature, this paper proposes an analytical framework to simultaneously explore input, throughput and output legitimacy as three essential pre-conditions of legitimacy for MRGAs. The framework is tested in three European cases of MRGAs that were part of the European Union MERCES project (http://www.merces-project.eu/). Analysis showed that actors who are influential in achieving restoration goals, and also those who are impacted by restoration actions, should be involved in the MRGAs (input legitimacy); actors within MRGAs should establish and follow procedures for decision-making that are both transparent and clear (throughput legitimacy); and actors within MRGAs need to establish a common understanding of restoration, of the goal to reach and of the related uncertainties (output legitimacy). Awareness of these pre-conditions allows actors internal and external to MRGAs to address aspects that give legitimacy to restoration actions. It also creates a language that allows actors to engage in discussion on legitimacy that goes beyond the mere application of the rule of law.
“The Maritime Industry 2030” was the kick-off conference for the Maritime Research Alliance (MRA), which was recently established in cooperation between seven Danish universities and two Danish maritime professional academies. This report summarizes the discussions at the conference and broader important maritime industry issues as well as presents the goals of MRA.
There have been several calls from private foundations, industry associations and governmental agencies to map out and to extensively coordinate cross-disciplinary maritime research in Denmark. MRA is an initiative that strengthens existing and creates new collaborative relationships across the universities and maritime academies, in part as a response to such calls. The most important aims of MRA are to:
1. Find solutions to those challenges to the maritime sector that require cross-disciplinary ventures
2. Create a critical mass of expertise in Denmark for maritime and related topics
3. Be a visible and viable one-point-of-contact to academic involvement and output for the industry
4. Attract attention nationally and internationally for Danish maritime research and education
5. Make Danish universities and maritime academies attractive partners for international cooperation on maritime and related projects
About the conference-report:
The “Maritime Industry 2030” conference was an international and joint researcher/practitioner event held at the Copenhagen Business School during 5-6 February 2018.
The first day of the conference was an open event organized with the aim of bringing industry and academia together to identify and discuss the most important issues facing the maritime industry in the near term towards 2030 and to lay a firm foundation for closer cross-disciplinary collaboration for addressing these issues.
The second day of the conference was a closed event for MRA members organized with the aim to reflect on the identified issues, determine the future focus and direction of MRA and initiate specific collaborative research projects.
The conference was kindly supported by the Danish Maritime Fund. In 2020 the fund supported the establishment of the Maritime Research Alliance based on, among other, future cross-disciplinary research themes and ideas that were identified at the conference.
Illicit maritime activities generate significant scholarly and policy attention. While diverse in nature, governance responses share many regulatory features. This introduction advances the notion of maritime justice, a socio‐legal research agenda. Different from broader maritime security studies, it places law at the centre of the inquiry, studying maritime governance practices through the lens of regulation. Empirically, it covers operational, spatial, and structural junctions between illicit maritime activity and regulatory responses deriving from international and domestic law. Analytically, it is heterogeneous but holds a methodological commitment to studying everyday law enforcement practices of maritime security governance to disentangle its meanings and effects. The introduction posits the junction between illicit maritime activities and regulatory responses as a productive space to study the varied norms that shape order‐making at sea, and vice versa.
Maritime security is a major international concern with the Gulf of Guinea recognised as one of the global hotspots of blue crime, such as piracy, kidnap for ransom, trafficking of narcotics, human and arms, and illegal fishing. The complex and complicated challenge of maritime security, a wicked problem, calls for inter-agency coordination, synergy of efforts and scaling up of responses. Given the complexity of maritime security threats, no single organisation has the institutional muscle to single-handedly deal with it. Drawing on evidence from Ghana, where the arrival of maritime security as a concept triggered a shift from single to a multi-agency approach to dealing with maritime issues, the article examines the potential of and challenges associated with inter-agency coordination. In line with recent international developments, African nations like Ghana aim to apply the concept of inter-agency coordination to tackle maritime insecurity in its waters. The paper assesses how inter-agency coordination could be used in an African maritime security governance context, while examining power imbalance, strife for agency autonomy and other obstacles that have to be addressed to ensure that the promises associated with the concept are fulfilled.
Offshore wind energy production has seen a significant expansion in recent years. With technologies rapidly improving and prices dropping, it is now one of the key instruments in the green energy transition. The implications of offshore wind farm expansion for maritime security and ocean governance have, so far, received sparse attention in the literature. This article offers one of the first thorough analyses of the security of offshore wind farms and related installations, such as underwater electricity cables, energy islands, and hydrogen plants. The technical vulnerabilities of wind farm systems is reviewed and threats from terrorism, crime and State hostilities, including physical and cyber risk scenarios, are discussed. The expansion of green offshore energy production must keep pace with the changing threat landscape that follows from it. Prospective solutions for the protection of wind farms systems, including surveillance, patrols and self-protection are discussed. The current repertoire of maritime security solutions is in many ways capable of dealing with the threats and risks effectively if adjusted accordingly. The analysis builds important new bridges between debates in energy security and maritime security, as well as the implications of climate change adaption and mitigation for security at sea.
In this introduction to a special section of the September 2019 issue of International Affairs, we revisit the main themes and arguments of our article ‘Beyond seablindness: a new agenda for maritime security studies’, published in this journal in November 2017. We reiterate our call for more scholarly attention to be paid to the maritime environment in international relations and security studies. We argue that the contemporary maritime security agenda should be understood as an interlinked set of challenges of growing global, regional and national significance, and comprising issues of national, environmental, economic and human security. We suggest that maritime security is characterized by four main characteristics, including its interconnected nature, its transnationality, its liminality—in the sense of implicating both land and sea—and its national and institutional cross-jurisdictionality. Each of the five articles in the special section explores aspects of the contemporary maritime security agenda, including themes of geopolitics, international law, interconnectivity, maritime security governance and the changing spatial order at sea.
Sensing data from vessel operations are of great importance in reflecting operational performance and facilitating proper decision-making. In this paper, statistical analyses of vessel operational data are first conducted to compare manual noon reports and autolog data from sensors. Then, new indicators to identify data aberrations are proposed, which are the errors between the reported values from operational data and the expected values of different parameters based on baseline models and relevant sailing conditions. A method to detect aberrations based on the new indicators in terms of the reported power is then investigated, as there are two independent measured power values. In this method, a sliding window that moves forward along time is implemented, and the coefficient of variation (CV) is calculated for comparison. Case studies are carried out to detect aberrations in autolog and noon data from a commercial vessel using the new indicator. An analysis to explore the source of the deviation is also conducted, aiming to find the most reliable value in operations. The method is shown to be effective for practical use in detecting aberrations, having been initially tested on both autolog and noon report from four different commercial vessels in 14 vessel years. Approximately one triggered period per vessel per year with a conclusive deviation source is diagnosed by the proposed method. The investigation of this research will facilitate a better evaluation of operational performance, which is beneficial to both the vessel operators and crew.