The Rules Making Process and the Effect of Regional Differences on Maritime Transportation Safety

Abstract

In this paper the maritime safety and the protection of marine environment are discussed from a general point of view with particular reference to the effect of ship typology and of the regional differences. Some contradictions and existing gaps are discussed with reference to explanations on hystorical basis. Foreseeable developments are presented with reference to examples of particular interest. Activities at sea, as well as all human activities, present some degree of risk. The probability of a fatality happening to a passenger is however very small if compared with other means of transportation. Different is the situation as far as the crews are concerned. Deep sea fishing and offshore oil and gas production are also quite dangerous activities, but these fatalities have a low impact on public opinion. From the societal point of view, it is not the frequency nor the number of fatalities in itself playing a relevant role, which is instead related to their combination or risk. Accidents to passenger ships, and to airplanes, often involve a great number of fatalities at the same time, hence the generally high public awareness. Although there is no longer any significant long range passenger transportation, waterborne transportation is still the most widely used transportation means for freight on intercontinental routes, while freight and passenger transportation on short sea shipping is in constant expansion. In spite of this, the safety at sea, with particular regard to the possibility of ship loss by sinking and capsizing both in intact and in damage condition, has been for long time addressed by means of interim solutions that did not incorporate the available technological solutions. Only with the incident of Titanic, about 100 years ago, the problem of ship safety is seen as an international problem and the first International Conference on the Safety of Life at Sea (SOLAS) is opened in London with specialists and regulators sitting at the same table. The progress is extremely low in the absence of a recognised international body and only after the 2 nd World War, with the institution in London of the International Maritime Organisation (IMO - formerly IMCO) as United Nations Agency for the maritime safety, a set of international rules for ship safety start to build-up. For a few decades the approach continues to be based on the slow reaction to accidents, i.e. is re-active instead of being pro-active, with progress limited to the ship typologies most relevant in terms of economic revenue or in consequence of accidents to