international and local maritime regulations applicable to safety of navigation and seafarers

Explain the need for the project, including how that need was identified (maximum of 800 words plus references; include any tables or figures)

Globally, applying the International maritime law by countries with access to shared water bodies remains a concern. Limited and breach of the convention’s obligations is viewed as a constraint towards peaceful and stable seafarer operations. Compliance with the convention principles and commitments in order to universally operationalize sea or waters is a mandate of all seafarers. The commonality in compliance with the convention is being witnessed with countries establishing relevant institutions, adopting the convention rules into their municipal laws, and maintaining good relationships while using maritime space/waters. Failure to ratify the International maritime law safeguarding seafarers, training, certification, and watchkeeping by countries with shared water bodies or seas notably has been associated with a series of maritime constraints such as poor personnel performance, slow clearance or incompetent and poor governance of maritime operations. Training on maritime operations is associated with improving service delivery on the sea high water bodies, improving technical operations on land, creating work synergies, enhancing legal and technical rule enforceability.

States ought to incorporate proper regulatory mechanisms for maritime operations. This has, for a long time, been developed as common law. However, there remains a difficult task of incorporating international conventions to the international law of the sea. Such is the partial achievements witnessed in 1958 in Geneva. Some of the failures are the inability to set up territorial width of the sea. Following rounds of negotiations, a convention was enforced on 16^th November 1994 by the United Nations concerning rules and principles of the legal framework guiding sea operations. The International maritime law safeguarding seafarers, training, certification and watchkeeping convention is indifferent in terms of responsibility-administrative and management aspects, overall responsibilities, and specific responsibility addressing specific activity like the port watchkeeping of the ships and vessels.

The process of registering and licensing maritime assets remains with the Government of TT as prescribed in the provisions of the Shipping Act, 24 of 1987, which also stipulates guidelines, procedures and principles concern the right to life for seafarers. The law provides the establishment of statutory agencies to enforce the Act and binding international Laws. (Shan and Lippel, 2019, 394) argues that regulatory frameworks in a country provide ample caveat to avoid any hazards when seafarers comply with the regulations. Seafarer training with a critical understanding of biding authorities contributes to maritime effectiveness and efficiency (Ghosh, S.  2017, 215).

Challenges of Implementing Maritime Regulations

The global economy is a buildup of many sectors, and the transport sector remains a core pillar. International trade, movement of goods and services, labor mobility, research, and development on marine and maritime matters are all reliant on the successes of the maritime transport sector. The stability and mechanical capability of ships, seafarer safety, legal compliance, and administrative systems remain aspects undermined in the industry. Therefore, a series of challenges inflict the sector and therefore remains a lowly performing sector as discussed below.

Obsolete Technologies and Technical Support

The use of obsolete and slow based software in the ships, vessels, and general maritime operations remains a concern on the safety of seafarers, institutional, technological infrastructure, and general positioning. These obsolete technologies contribute to high-level hazards in the industry which are catastrophic. Lack of capacity and trained staff to upgrade and utilize modern technologies remains a concern to the International Maritime Organization and states with water bodies. Maritime standards tend to apply, albeit with caveats in some zones at sea universally. The need to use modern technologies is important. However, the cost of installing and adopting or procuring the technologies remains exorbitantly very high.

Weak Administrative Support and Goodwill

The heart of successful transformations remains with the leadership and administrative channels available. Countries around the world suffer from internal poor administrative linkages, units, and management, and therefore, implementing seafarer navigation safety and other institutional or technicalities remains a hurdle. This is witnessed with audit outcomes on increased corruption, resource wastages, and highly-priced procurement systems and rent-seeking enabling negative externalities in maritime institutions.

Limited Funding and Resource Allocation

Seafarer utilities and general maritime procedures are cost-intensive and, therefore, require substantial resources to comply and implement relevant processes. Countries around the world, especially the low developed countries, suffer due to low incomes available for development. This, therefore, exposes seafarers to high risks and poor delivery of port services. Resource mobilization for maritime processes in the recent past has slowed with available resources biased to needful states and institutions that are categorized as high-risk zones for disasters. Increased costs in averting risks by insurance institutions are a major concern to many countries. Limited efforts by developed nations to increased Ordinary Development Assistance (ODAs) have frustrated and lagged improvement and compliance towards maritime standardization in various busy ports or resourceful harbors around the world.

Poor Service Delivery

According to the International Maritime Organization (IMO), there is a need to implement measures to facilitate proper and quality service delivery. This is to imply the need for maritime institutions to ensure relevant standard procedures, issuance of documentation, and quality assurance meet the required IMO standards and international law statutes. IMO recommends continuous training and international law capacity building and assessments to enable staff to be responsible for seafarer safety and ensure all procedural mechanisms at sea offer a high standard of service delivery.

Monitoring and Audit Framework

International Maritime Organization has identified the process of monitoring the global maritime institutional process, auditing the marine infrastructure and implementation of both internal and external technical activities as challenging. The on the spot, ex-post, and impact assessment exercises conducted by IMO technical expertise reveal the need for additional allocation of resources, training, and timely reporting to facilitate efficient auditing. Further, IMO reveals that state institutions show limited cooperation during technical committee monitoring exercises and relevant incidental investigations.

Problem Statement

There is an incidental rise in noncompliance of maritime legal breach, which has led to constrained operations, inefficiency at TT ports this despite the prevailing seafarer training and certification. Furthermore, poor technical skills of officers working in the ports, limited knowledge on modern maritime technologies, and poor administrative systems have constrained operationalization of services on and off maritime zones in TT and surrounding areas. Therefore, this paper will answer the question; what is the applicability of maritime regulations for the Safety of Navigation and Seafarers in Trinidad and Tobago Ports?

The following specific objectives will guide this study:

i. To investigate the effect of seafarer training on Safety of Navigation and Seafarers in Trinidad and Tobago Ports,

ii. To establish the effect of compliance with STCW on Safety of Navigation and Seafarers in Trinidad and Tobago Ports;

iii. To examine the effect of administrative systems on the Safety of Navigation and Seafarers in Trinidad and Tobago Ports.

Research Questions

i. To what extent does seafarer training contribute to the Safety of Navigation and Seafarers in Trinidad and Tobago Ports?

ii. In what level will compliance with (STCW) affect the Safety of Navigation and Seafarers in Trinidad and Tobago Ports?

iii. How do administrative systems affect the Safety of Navigation and Seafarers in Trinidad and Tobago Ports?

This study will seek to adopt a descriptive research design. Research design is a guide on how research is conducted. In order to arrive at a logical conclusion, Winterton (2008, 67) outlines that it is the glue that holds the research together. It is the plan for the research work. The use of the right procedures improves research credibility and validity. This design is viable for this study, given in-depth information, units of observation or investigation, and subjects are considered for research. The study will also cover one area undertaking a mega project and therefore, viable for this study.

Target Population

Trinidad and Tobago ports will remain the central focus of this research. It will cover seafarers, maritime regulators, and maritime stakeholders. The study will seek to cover 120 respondents as the target population. This will include 60 seafarers, 40 maritime regulators, and 20 stakeholders. This study will sample respondents by use of sampling techniques. In research, sampling remains significant. It allows for careful consideration to be given on who should be included as participants during the research design process, given that it is normally impractical and expensive to study a whole population. The main aim is to have a small collection of units or representation from the population that will enable a researcher to conclude about a population based on the subset of the population.  Researchers may choose from a variety of sampling methods and that the choice of sampling methods to be used depends on research goals (Reynolds et al., 1994, 16).

Sampling Technique  Procedure and Sample Size

A researcher needs to be aware of unforeseen errors depending on the sampling method of choice. This research will adopt random and stratified sampling techniques. This approach focuses on the respondent’s knowledge about the phenomena in the study. The research will randomly select participants to represent a specific group of people. This involves engaging individuals who will provide relevant information that responds to the research question. For this purpose seafarers, maritime regulators and maritime stakeholders in Trinidad and Tobago ports will be the target population. The use of purposive sampling is common in qualitative research. This is because it is useful for the needs of identification and clear information selection. This process dissects and reorganizes units, parties, groups concerning the subject under investigation (Wallace and Sheldon, 2015, 33).

In this study, the respondents will be at liberty to assist in conducting this research by responding to research instruments in a meaningful manner. Therefore, this approach is considered suitable for this study. This study will seek to cover respondents who are experts and well conversant with maritime law and its applicability, more specifically in Trinidad and Tobago. The respondents will first be grouped into various strata based on an organization(s) where they are working and then a choice will be made based on individual knowledge, experience, and interaction with the maritime law and its applicability.

Sampling Technique and Sample Size

The random sampling technique will be utilized in the research to identify and select relevant seafarers, maritime regulators, and stakeholders. Random sampling is a widely used sampling technique, especially where the population of interest has common characteristics. “Simple random sampling is a method of choosing “n” units out of the “N” “such that each one of the units in a population has an equal chance of being selected” notes (Wiek and Lang, 2016, 35). It is considered as a basic sampling method with other intricate techniques building upon it. Some of its distinct advantages include ease of application; it is more representative, less expensive and takes a relatively short time to implement (Newman, L. 1999, 12). However, its main drawback is sometimes it is difficult to access the list of the whole population (Choy, L.  2014, 9).

Data Collection

Well-structured questionnaires will be developed to collect information from relevant people in the maritime sector who are conversant with maritime regulations (Reynolds et al., 1994, 29). The questionnaire for the study will have both and close-ended questions for more in-depth details.  The close-ended questions will allow an easier and faster analysis of data as a result of more uniformity of the response while open-ended questions allow respondents to provide more details. The advantages have informed the use of this approach of using a questionnaire such as the need to minimize costs in selecting a representative sample from the population of interest.  It also allows wider participation of respondents from covering an extensive geographical area.  Finally, the use of this method will minimize bias since the respondent will fill pretested questions.

Data Analysis

The study will gather both quantitative and qualitative data.  Reynolds et al., (1994, 45) posit data cleaning involves “data editing, coding, tabulating, and processing for completeness and consistency.” before the analysis. The researcher will then analyze the data from the interviews and questionnaires through data investigator and triangulation.

Ethical Considerations

The research will follow the ethical guidelines of research to ensure the anonymity of the respondents. Ethics involves protecting the privacy and confidentiality of all the respondents involved in the research. The research seeks to add value and content to existing theory. There is therefore need to guard and acknowledge contributors. This means the researcher will ensure all respondents are assured of privacy, avoid committing any physical or mental harm and strive to maintain a high standard of confidentiality. It is also imperative to use appropriate methods in data collection. The research will follow the ethical research guidelines throughout the research process. Consent will be obtained from the sample population before admissible. The research will inform the respondents of the objective of the research and seek the necessary licenses from the relevant legislative bodies before conducting the research.   Attempts will also be made to safeguard the rights of participants by having very objective questions, maintaining confidentiality and anonymity.  Finally, the participants will be appreciated for their participation.

2. Logistical and ethical clearance and approval by relevant authorities

3. Data collection exercise

4. Data collation and validation

5. Thesis defense both internal and external

1. Incorporate and integrate enforceability of Municipal and Internal Maritime Laws

2. Improved Research and Development on maritime studies and technical skills or knowledge management sharing

3. Enhancing the enforceability, review, and improvement of Maritime Policies.

4. Education and guidance, maintaining the compliance requirements.

5. Provide solutions to integral collisions and interpretation of municipal and international law applicability.

6. Guide the utilization of knowledge management systems for improved seafarer training and shared technical skills.

7. Recommend applicable subjects for consideration in incorporating in seafarer training in order to improve their safety.

8. Suggest relevant insurance frameworks or itemization for input while ensuring seafarers.

The systems and stakeholder theory will guide this study. Institutions have a set of departments or sections or divisions that each has a core responsibility to deliver. These are called organs; therefore, a set of organs, and their way of sharing inflows and handle leakages or wastages forms system theory. Organ environments are categorized in terms of situation or function. These interactions define the manner an institution is to operate and manage itself for ultimate functionality. Therefore, in essence, a proper system may give rise to the growth or failure of an institution. James et al. (2018, 296) posit that to understand the complexity of management and interactions and relationships between different areas of an organization, then there is needful to comprehend systems theory. This will enable us to identify loopholes, difficulty areas to reorganize and conduct balance intensive checks to facilitate “goodness of fit” between an organism such as an organization and its environment. Mehdi et al., (2018, 420) observe that theory developed against the backdrop to have a set of systematically constructs to discuss the empirical world. The system theory paradigm is being used extensively in the investigation of relationships between systems within and in an organization (Liu, Wang, and Wilkinson, 2016, 711). The theory is also considered vital in understanding both conventional and maritime operations.

In determining the success, stability, or drastic failure of institutions, it has remained arguably endorsed that proper engagement and management of stakeholders is a core pillar. The term also found its way in project management and that group of people with a particular interest in the given project was referred to as project stakeholders. Institution changes may be resultant of the kind of relationships developed with stakeholders-some complex and others with absolutely no influence on the management of an organization. Xie and Gao, (2018, 330)observe that litigation among project stakeholders has become a norm and impact negatively in many maritime operations. It has become imperative therefore that effective management of stakeholders has become sin-qua non-for the project success. Stakeholders remain important in the maritime operations and their input for the effectiveness, efficiency and resource pooling makes this theory viable for this study.

Essentials for Seafarer Safety

A seafarer is required to have essentials or meet specific requirements in order to transit or operate at sea safely. They include:

Documentation

These documents are required to indicate the list and permission to board the vessel of the ship.

Physical Fitness

Evidence showing the health status and capabilities of transiting through the sea.

Culture and Institutional Tools

The company culture may entail the communication, procedures of undertaking specific roles, linguistic capabilities, and manner to engage in solving problems or making decisions.

Basic Shopping and Individual Kinds of Stuff

The need to have basic utilities and consumables on board is important for seafarers. This may be provided by the company or institution sending its staff or sponsoring the travel.

Monetary Exchanges

Seafarers are required to exchange their cash or be in a position to have debit and credit cards that can make payments or purchase items.

Emergency Contact List and Communication

The need to have an international communication telephone card is important. Seafarers also are required to submit emergency contacts in case of any hazards or rescue efforts.

Empirical Review of Literature

Shan and Lippel (2019, 382), in their study outline, that seafaring is multiple task-related patterns full of mobility. Ships and vessels have a role of connecting and disconnecting from the land. Countries establish ports to harbor ships, offer training to seafarers and conduct a series of mechanical and technical repairs. Seafarers are exposed to a range of hazards, occupational, and health-related, most of whom do not have access to legal protection. The operations of seafarers are required to meet international labor standards. Ghosh, (2017, 220) provides that past empirical evidence that the current STCW fails to address the skills and competence development, therefore, leading to seafarer committing mistakes and a series of student disengagement. “In the real world, the need to have the right skills and training improve seafarer performance, which lacks in most parts of the world” notes Zhang et al., (2019, 89)

Zhang et al., (2019, 89) in emphasizing the right to life as a fundamental right explores the need for knowledge management systems and the utilization of capacity building for improved seafarer performance and skills. They argue that the shipping industry suffers limited well-trained seafarers with the ability to comply with OSHA standards both on land and sea. In their study, they explore the rights of seafarers and applicability of international law of the sea to which they argue that there needs to have ample mechanisms to ensure seafarer’s life remains respected.

Sun et al. (2018, 733) conducted a study on waterway safety along the Shanghai channel, considering software, hardware, liveware, and the environment as investigation subjects. Future waterway trends will remain reliant on the technological innovations approaches adopted and kind of environment for seaway operations. Sun et al. (2018, 736) outline “the environment in which the vessels and ship cruise is a determinant for the safety of the infrastructure and seafarers operating the machines. Marine software is effective and efficient when utilized may limit the number of accidents and hazards occurring on the sea.”

Wróbel, Montewka, and Kujala (2017, 164) noted that in regards to navigation safety on the sea, through technological innovations, it is possible to develop unmanned merchant vessels, which will reduce the human-related sea accidents. This argument is supported by the findings of (Dalaklis and Baxevani, 2018,384) who revealed that technological innovation would significantly reduce sea accidents, protect seafarers’ life at safe and maintain efficiency in their port management and operational processes.

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