Understanding the Legal Implementation of Ballast Water Management
This presentation delves into the legal steps required for implementing the Ballast Water Management Convention at a national level. It covers areas such as existing legislation assessment, model legislation preparation, implications for flag, coastal, and port states, policy frameworks, institutional frameworks, and common challenges like lack of monitoring and technical expertise.
- Ballast Water Management
- Legal Implementation
- National Legislation
- Policy Frameworks
- Institutional Frameworks
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Views expressed in this presentation are those of the author and should not be construed as necessarily reflecting the views of IMO or its Secretariat.
1. Introduction to Ballast Water Management 2. The Ballast Water Management Convention and Guidelines 3. Other International Conventions and Principles relevant to Ballast Water Management 4. Implementing the Ballast Water Management Convention 5. Guide to Drafting a Ballast Water Management Act
Identify key steps towards the legal implementation of the BWM Convention within the national context; Review specific concerns regarding the implementation of the BWM Convention in the context of the national situation.
Inventory of existing legislation Determine whether existing statutory provisions exist Examine deficiencies Constitutional concerns Analysis of information Steps in incorporating the BWM Convention into national legislation Review nature of proposed legislation Determine if main Act necessary or if subsidiary legislation sufficient Where regulations possible
Model Legislation has been prepared for implementing BWM Convention into national law. Source: commons.wikimedia.org
Ballast Water Management Strategy Implications the flag State the flag State the coastal State the coastal State the port State the port State
Policy framework and guidelines Ballast Water Management Strategy
Internal and external institutional framework Administrative aspects Deficiencies and barriers
Insufficient monitoring Inadequate reception facilities Lack of scientific and technical expertise Sub-standard port State control Lack of coordination with adjacent and neighbouring countries
Country 1 2 3 Australia Canada Cayman Islands China India Iran Jamaica Malta New Zealand Oman Singapore U.K. Quarantine Inspection Services Transport Maritime Adm (MACI) Communications Surface Transport Port Maritime Auth (MAJ) Port Quarantine Communications Port Maritime & Coastguard (MCA) Biosecurity Maritime Safety
National Task Force / Inter- Ministerial Committees the flag State Judicial enforcement Capacity building the coastal State the port State
From the key steps presented, select 2 or 3 to describe the situation in your country What practical steps are necessary in your country for the legal implementation of the BWM Convention? In your country what are likely to be the main barriers for effective for the legal implementation of the BWM Convention?
