An examination of the current international framework regulating port security : a Chinese perspective

Abstract

This dissertation deals with the current international framework regulating port security from a Chinese perspective. While the 1982 United Nations Convention on the Law of the Sea provides some rules regulating maritime security, it fails to deal with the contemporary threats happening in port areas. After the tragedy in New York, on the 11 September 2001, the awareness of protecting port security has increased. In order to enhance port security and strengthen the cooperation between States, the International Maritime Organization adopted an amendment to the International Convention on the Safety of Life at Sea, known as the International Ship and Port Facility Security Code. This Code regulates the rules of Port States, Coastal States, and Flag States in terms of port security; in addition, it also provides rules for individuals who act as Port Facility Security Officers, Company Security Officer, and Ship Security. Besides International Ship and Port Facility Security Code, there are other international efforts to protect port security such as the Container Security Initiative, originating from United States of America, which provides a cooperation platform for States who would like to enhance port security and cargo security through the scanning cargos in the ports. China, as a new emerging power of a developing country, has huge quantity of goods transported by sea. Meanwhile, China has some of the busiest ports in the world. This reality means that China needs a comprehensive framework regulating port security. The Port Facility Security Code of People’s Republic of China provides for the implementation of International Ship and Port Facility Security Code. In addition, China cooperates with other States, such as the United States of America in terms of the Container Security Initiative and Megaports Initiative. These efforts also help to maintain the security of operation in port areas in China, as well as cargo security for not only two States, but also the global supply chain.