Regulating seafarers' welfare: an examination of the protection of Filipino seafarers' well-being through a legal analysis of the POEA-Standard Employment Contract.

BACKGROUND: The Philippines is the global maritime industry's single biggest source of seafarers. This article examines how the Philippines protects the welfare of its seafarers working on board ocean-going vessels. MATERIALS AND METHODS: We employed a multi-method approach to better understand the POEA-SEC as a regulatory instrument. First, we analysed Philippine legislation and regulations that are shaping the employment, welfare, and working conditions of Filipino seafarers. Second, we examined the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) which requires that minimum standards of employment for seafarers are met. We use legal analysis to examine three specific provisions that pertain to their well-being: duration of employment, monetary considerations, and working conditions in terms of hours of work and rest periods. Third, we analysed interview and focus group data on the experiences of Filipino seafarers on board ships in respect of the POEA-SEC's efficacy in protecting their well-being. RESULTS: Analysis of the policy environment for Filipino seafarers shows how the interests of powerful actors have taken precedence over those of Filipino seafarers. Seafarers' experiences suggest that they cannot be reached by the contract, whether symbolic or otherwise. The contract fails to address seafarer issues, such as security of tenure, excessive working hours resulting in fatigue, stress and anxiety. CONCLUSIONS: The POEA-SEC falls short as a legal document to address occupational, health and safety issues, which contribute to the detriment of seafarers' health and well-being. This indicates that the Philippine government cannot fully protect its seafarers.

Smart regulations in maritime governance: Efficacy, gaps, and stakeholder perspectives.

The paper explores maritime environmental regulations, analyzing industry perspectives and their operational execution. It critically assesses the International Maritime Organization (IMO) regulations' effectiveness in mitigating climate challenges within the shipping domain. The central argument is that the evolving and intricate nature of maritime regulations often impedes policy goal realization, enforcement, impact evaluation, and equity perception. Utilizing both quantitative and qualitative methodologies, this research gathers, analyses, and interprets data via surveys and interviews. This exploration seeks to evaluate the regulations' impact on reducing shipping's negative impact, especially concerning emissions, waste management, and noise pollution, under the umbrella of smart regulations. The results indicate that the current regulatory approach is neither comprehensive nor immediate, necessitating a more agile, digitally enabled framework to adapt to fast-changing industry conditions.

Assessment of the efficiency of controls to prevent biologic invasions at the San Lorenzo Port, Argentina.

The problem created by invasive non-native species through ships' ballast water has caused the International Maritime Organization (IMO), through the Ballast Water Management (BWM) Convention and many countries to develop their own laws to prevent their introduction. One of the most important non-native species in Argentina, the golden mussel (Limnoperna fortunei), causes a significant economic impact on the Plata Basin. Argentina has a great amount of maritime and fluvial ports that receive ships from different regions of the world. Particularly, the San Lorenzo-San Martín Port Complex (here termed SLOR), placed in the terminal portion of the Paraná Basin, receives ocean ships with great loading capacity, which increases the possibility of invasions and the need of an adequate environmental management. This work proposes to estimate the potential vulnerability of SLOR port, in relation with the origin of the ballast water and its volume. For this purpose, an adaptation of the risk assessment model of the GloBallast Program was used. The results suggest that SLOR has important similarities with different fluvial ports of the world, especially in Brazil and China. However the amount of ships coming from the nearest estuary waters, where the diversity of invasive species has major effects, is also important. This article provides the necessary information to conduct the efforts through surveys and enforcement regulations, and could be the foundation for future research using global data that could provide basic information for other fluvial ports with similar features.

Ocean sentinel albatrosses locate illegal vessels and provide the first estimate of the extent of nondeclared fishing.

With threats to nature becoming increasingly prominent, in order for biodiversity levels to persist, there is a critical need to improve implementation of conservation measures. In the oceans, the surveillance of fisheries is complex and inadequate, such that quantifying and locating nondeclared and illegal fisheries is persistently problematic. Given that these activities dramatically impact oceanic ecosystems, through overexploitation of fish stocks and bycatch of threatened species, innovative ways to monitor the oceans are urgently required. Here, we describe a concept of "Ocean Sentinel" using animals equipped with state-of-the-art loggers which monitor fisheries in remote areas. Albatrosses fitted with loggers detecting and locating the presence of vessels and transmitting the information immediately to authorities allowed an estimation of the proportion of nondeclared fishing vessels operating in national and international waters of the Southern Ocean. We found that in international waters, more than one-third of vessels had no Automatic Identification System operating; in national Exclusive Economic Zones (EEZs), this proportion was lower on average, but variable according to EEZ. Ocean Sentinel was also able to provide unpreceded information on the attraction of seabirds to vessels, giving access to crucial information for risk-assessment plans of threatened species. Attraction differed between species, age, and vessel activity. Fishing vessels attracted more birds than other vessels, and juveniles both encountered fewer vessels and showed a lower attraction to vessels than adults. This study shows that the development of technologies offers the potential of implementing conservation policies by using wide-ranging seabirds to patrol oceans.

The paradox in implementing Ballast Water Management Convention 2004 (BWMC) in Malaysian water.

The strategic location of Malaysia along the world's busiest trade waterways underscores the need to cope ballast water issues for both domestic and international shipping. The adoption of Ballast Water Management Convention 2004 (BWMC) by the International Maritime Organization is suitable for management plans intended to prevent the introduction of invasive species through ballast water discharge. Malaysia has ratified the BWMC in September 2010 and the Convention has come into force in September 2017. However up to now, the BWMC has not been fully implemented by Malaysia for ships operating in its waters. This paper analyse the headway in implementing the provisions of the BWMC in Malaysia as well as the issues and challenges encountered for the implementation. The paper concludes that Malaysian government should promulgate laws and policies to clearly communicate on ballast water issues to the shipping industry communities.

Promising Practices for Alternatives Assessment: Lessons from a Case Study of Copper-Free Antifouling Coatings.

Alternatives assessment (AA) is intended to identify safer and more sustainable approaches for managing chemicals used in industrial applications and consumer products and to avoid the adoption of regrettable substitutions. In the United States, the state of Washington prescribes a science-based approach for conducting an AA that meets regulatory requirements. This paper provides an overview of the approach, based on the Interstate Chemicals Clearinghouse (IC2) AA Guide, and illustrates its application to the examination of suitable alternatives to Cu-based antifouling coatings commonly used for recreational boats in the Pacific Northwest. Legislation has been passed in Washington State that will ban the use of certain Cu-based products in both freshwater and marine environments. The AA approach was used to identify and evaluate several alternatives to Cu-based antifouling boat paint products. Five promising practices that AA practitioners should consider when using the IC2 AA Guide in similar assessments of alternatives to industrial practices and consumer products include actively engaging stakeholders, enhancing the decision framework using a selection guide approach, scoping alternatives broadly, optimizing ingredient transparency, and identifying data gaps that could interfere with substitution efforts. The role AA plays in driving consumer product and similar technology innovations and its implications for the future are discussed. Environ Assess Manag 2019;00:1-13. © 2019 SETAC.

The implementation of the ballast water management convention in the Adriatic Sea through States' cooperation: The contribution of environmental law and institutions.

The Adriatic Sea, a semi-enclosed and vulnerable environment, deserves special attention regarding the risk of introducing Harmful Aquatic Organisms and Pathogens via ships' ballast water as new species findings occur at an alarming rate. This species introduction vector was addressed with the 2004 International Convention for the Control and Management of Ships' Ballast Water and Sediments, which entered into force in 2017. The efficient implementation of this convention calls for Adriatic States' cooperation on environmental specifics that have not been dealt with neither by national nor by international measures yet. Based on legal and institutional data gathered, and considering the regional maritime traffic and environmental specifics, this paper reveals that the integration of current environmental law commitments as well as a better dialogue between public institutions from shipping and environmental sectors may foster the implementation of ballast water management obligations through appropriate Adriatic States' cooperation.

[The harmonized approach to health and safety in Italian ports: the experience of the interregional technical group on ports and ships]. / L'approccio armonizzato alla salute e sicurezza nei porti italiani: l'esperienza del gruppo tecnico interregionale sui porti e le navi.

SUMMARY: This report summarises some of the crucial and critical aspects on the enforcement of the Italian regulations on port and maritime work and fishing, following the activity of the Interregional Coordination Working Group on OHS in Ports and Ships from September 2017 until September 2019. The discussions have been organised in fine main topics. First of all, the complex relationships between the different Institution and Social Partners dealing with the subject at local and national level. Some specific topics are then analysed in depth: the limits of regulations on health surveillance for maritime workers; the difficult management of work interference during loading and unloading ships, the transport of dangerous chemicals and the port road and rail safety; the critical aspects of the enforcement of precautions for hot work in ship repair and asbestos removal. Finally, we describe a complex national training on the field project, organized for the inspectors by the Working Group on OHS in Loading and Unloading ships, Shipyards and Ship Repair, Fishing work.

Historical baselines in marine bioinvasions: Implications for policy and management.

The human-mediated introduction of marine non-indigenous species is a centuries- if not millennia-old phenomenon, but was only recently acknowledged as a potent driver of change in the sea. We provide a synopsis of key historical milestones for marine bioinvasions, including timelines of (a) discovery and understanding of the invasion process, focusing on transfer mechanisms and outcomes, (b) methodologies used for detection and monitoring, (c) approaches to ecological impacts research, and (d) management and policy responses. Early (until the mid-1900s) marine bioinvasions were given little attention, and in a number of cases actively and routinely facilitated. Beginning in the second half of the 20th century, several conspicuous non-indigenous species outbreaks with strong environmental, economic, and public health impacts raised widespread concerns and initiated shifts in public and scientific perceptions. These high-profile invasions led to policy documents and strategies to reduce the introduction and spread of non-indigenous species, although with significant time lags and limited success and focused on only a subset of transfer mechanisms. Integrated, multi-vector management within an ecosystem-based marine management context is urgently needed to address the complex interactions of natural and human pressures that drive invasions in marine ecosystems.

Revisiting the basis for US ballast water regulations.

The transport and release of invasive organisms in ballast water has harmed ecosystems, economic activities and human health. Current US ballast water regulations intended to minimize the discharge of such organisms are based on results reported by a scientific advisory committee in 2011. Using the same methods, we re-analyzed the data evaluated by the committee as well as new data. We find that the committee's analysis was flawed, and that some treatment systems can meet limits that are 10 times (for zooplankton) or 1000 times (for phytoplankton) more stringent than the committee reported. These findings suggest that US ballast water standards, and similar standards in a recently ratified international agreement, should be re-evaluated.

Inland navigation: PAH inventories in soil and vegetation after EU fuel regulation 2009/30/EC.

In January 2011, fuel quality in inland water vessels was changed by EU regulation 2009/30/EC, aiming at improving air quality along waterways. We hypothesized that the implementation of this regulation both lowered the total deposition of polycyclic aromatic hydrocarbons (PAHs) and changed their composition in river valleys. We analyzed parent-, alkylated- and thio-PAHs in soil and vine leaves, at two waterways (Rhine and Moselle, Germany), as well as in one ship-free reference area (Ahr, Germany). Samples were taken annually (2010-2013) in transects perpendicular to the rivers. We did not find any relation of PAH concentration and composition on vine leaves to inland navigation, likely because atmospheric exchange processes distorted ship-specific accumulation patterns. We did find, however, an accumulation of ship-borne PAHs in topsoil near the waterways (1543±788 and 581±252ngg-1 at Moselle and Rhine, respectively), leading to larger PAH concentrations at the Moselle Valley than at the reference area (535±404ngg-1) prior to EU fuel regulation. After fuel regulation, the PAH concentrations decreased in topsoils of the Moselle and Rhine Valley by 35±9 and 62±28%, respectively. These changes were accompanied by increasing proportions of dibenzothiophene (DBT) and low molecular weight PAHs. Both, changes in PAH concentrations and composition were traceable within 200 and 350m distance to the river front of Moselle and Rhine, respectively, and likely favored by erosion of topsoil in vineyards. We conclude that the EU regulation was effective in improving soil and thus also air quality within only three years. The impact was greater and spatially more relevant at the Rhine, which may be attributed to the larger traffic volume of inland navigation.

Dry bulk cargo shipping - An overlooked threat to the marine environment?

Approximately 9.5billiontonnes of goods is transported over the world oceans annually with dry bulk representing the largest cargo group. This paper aims to analyse whether the transport and associated inputs of dry bulks into the sea create a risk for the marine environment. For this purpose, we analyse the international regulatory background concerning environmental protection (MARPOL), estimate quantities and identify inputs of such cargoes into the oceans (accidental and operational), and use available information for hazard assessment. Annually, more than 2.15milliontonnes of dry bulk cargoes are likely to enter the oceans, of which 100,000tonnes are potentially harmful to the marine environment according to the definition included in draft maritime regulation. The assessment of the threat to the marine environment is hampered by a lack of available information on chemical composition, bioavailability and toxicity. Perspectives for amendments of the unsatisfying pollution prevention regulations are discussed.

International law on ship recycling and its interface with EU law.

The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.

Pollution from EOLV dismantling and the corresponding countermeasures.

There are problems associated with dismantling vessels that have reached the end of their life, when pollution problems associated with the process need to be addressed. The first problem in "end-of-life vessels" (EOLV) is to define their legal frameworks. The second problem is their dismantlement for recycling of ships. In order to reduce the effects of pollution caused by EOLV dismantling, the International Maritime Organization (IMO) adopted the Hong Kong Convention on 15 May 2009. While preparing for implementing the obligations under the Hong Kong Convention, China shall make effort on five aspects: (i) establish an ISRT for the safe and environmentally sound recycling of ships, (ii) improve the competitiveness of ship dismantling plants, (iii) strengthen international exchanges, (iv) amend the domestic laws and regulations, and (v) support from the China Classification Society.