Author: Rear Admiral(ret) Michail D. Magkos
DOI: https://doi.org/10.37458/ssj.6.1.5
Original Research
Received: October 23, 2024
Accepted: December 15, 2024
Analysis of the Actions taken and how they influence the Future of Shipping and the Freedom of Navigation
Abstract: The Great Powers have reached a level of Maritime Power either in Shipping or in Navies, or both. Such relevant balance has caused certain conditions per region, geopolitically oriented. Maritime security has influenced the freedom of navigation, world trade, and safety lanes. These achievements shape the environment in which Maritime Security belongs. Conditions for occupations remained the same for all the Empires that built their Power with initial Military Force Projection; then, Merchants arrived using the Sea to bring their goods. How could Humanity revise and empower maritime security? Why are the Great Powers' vital interests driven when they react to marine security? These questions remain at the heart of the problem. Conflicts around the Globe have an enormous effect on world trade and Shipping. Terrorism heats Maritime Shipping worldwide, expanding their usage up to the State's control to destroy the world trade safe routes, causing instability. Maritime security is a demanding achievement, built by human evolution in certain places around the Globe, and has inspired the whole world since ancient times. Terrorists have increased their Power to improve their area of influence, whether this should be a territorial, religious, or national interest.
Keywords: Maritime Security, Growth, Trade, Conflict, Illegal Migration, Piracy, Maritime Power, Naval Power
Introduction
The history of maritime security stretches back centuries, evolving alongside the expansion of sea trade, exploration, and the ownership of strategic points combined with the importance of naval Power, especially for the maritime nations. Its development has been shaped by the need to protect naval interests, ensure safe navigation, and counter piracy and raiding threats at Sea. Although the principal mare liberum remains valid, with a set of measures adopted worldwide, the sovereign nations have, in many cases, restricted freedoms at Sea. This set of measures includes the designation of sea lanes for navigational safety, regimes for the orderly exploitation of ocean resources, or protecting and preserving the marine environment.
1. Historical Background
According to the International Chamber of Shipping, "Shipping is the safest and most environmentally benign form of commercial transport. Perhaps uniquely amongst industries involving physical risk, commitment to safety has long pervaded virtually all shipping operations. Shipping was among the first industries to adopt widely implemented international safety standards ."
Piracy has existed for more than 3,000 years, and references to it can be found in both the Iliad and the Odyssey. Its growth is parallel to the establishment of Trade via seas. The term pirate comes from the Latin pirata, meaning to attempt. The Greek historian Plutarch provided the generally accepted definition of pirates—those who attack ships without legal authority. In contrast, privateers (also called corsairs from the Latin cursa meaning "raid") are individuals who have been granted a "letter of marque" authoris.
Looking back into the Hellenistic era, Alexander the Great was among the first to introduce the aspects of an early form of maritime security conditions during his campaign against the Persian Empire. Alexander the Great used Babylonia and South Mesopotamia as the hub and his army's main base of operations for his intended operation to conquer Arabia as a step to the conquest of oikoumene – the entire inhabited world. He intended to keep the long-existing administrative, as well as commercial and social, local structures intact. Therefore, he was well aware of the fact that he had to maintain and expand safe trading routes and a functioning regional economy.
Free and safe navigation in the Gulf and the rivers and waterways of South Mesopotamia and maintenance and improvement of irrigation canals became his top priorities. He built and organized an operational standing fleet in Babylon and the Gulf, capable of both military and commercial purposes.
Pax Romana then broke out under Octavian; the Empire successfully removed all naval and maritime threats in the Mediterranean basin. The Roman peace meant that the Empire no longer needed a Navy. Roman naval forces at the height of the Empire consisted of small forces performing the tasks of coast guard and police, keeping maritime traffic safe for traders and travelers. In the 5th century, the Vandals invaded and established themselves in Libya by crossing the strait of Gibraltar. After four hundred years of Roman peace, the Mediterranean was again the Sea of Pirates. A lack of navy was keenly felt .
The Egyptian, Greek, and Roman empires gained a series of benefits and Power. Then, the British and Spanish Empires took the lead with their Fleets to run around the Atlantic Ocean and explore new lands and colonies. Before this, for some centuries, Ottomans occupied the Mediterranean coming from far eastern China's territory- and enforcing with violence and brutality the horror in the basin. The Mediterranean was the center of many cultures and civilizations; it became a breathtaking field for a story of military crusading, Barbary pirates, white slavery, and the Ottoman Empire.
The Dutch merchants understood the necessity of keeping open the routes to Southeast Asia and their colonies in that region, where there were plenty of products, and they awaited their turn for distribution in European markets. During the 17th century, West Indian pirates were called buccaneers and became pirates. Despite its popularity, the word pirate does not accurately describe everyone it applies to.
It is profound that there was neither certain security regulation nor safety rules in effect in the early Maritime times. Nowadays, requirements encompass the freedom of navigation, the safety lanes, and the safety of crew and passengers onboard a ship. All related activities of merchantmen and naval vessels initially inspired the understanding to clarify further rules to govern emerging legal concepts, focusing on using the Sea to carry on Trade and for defense and other military purposes. This concept was the step in the efforts to codify international law on these subjects that have a bearing on maritime security, including the Declaration of Paris, April 16, 1856 (Clive, 1989:23).
2. Introducing Maritime Security Nowadays.
As the Empires built their Power with initial Military Force Projection to occupy territories, merchants and traders arrived using the merchant routes (Sea or Land) to transport their goods and export the new products from the Colonies or the new locations in the Globe. Whoever had the Power ruled the waves; he had the Force and gained the Victory. Freedom of the high seas is an essential principle for implementing international law. Thus, the maritime powers hold and protect such strategic use as a component for their benefit only. The ocean is a pathway that leads to all shores, and security imperatives dictate that the freedom of this pathway is protected.
Despite many efforts provided by the UN, EU, or NATO, and complementary by certain nations worldwide, the use of rules for Maritime Security remains low as a primary requirement. From wooden walls-as Themistocles thrilled to defend his country and the European Continent-we are in favor of nowadays MASS -Ships without Crews on board , the scope for safety and security remains on.
Freedom of the high seas, even if its dimensions tend to be restricted, remains a cardinal principle of international law, and the great maritime powers jealously guard the freedom of its strategic use which is one of its components according to the United Nations Institute for Disarmament Research, Maritime Security: The Building of Confidence, (Goldblat, 1992). Despite international agreements regulating safety and security, nations still exhibit irregular behavior in regions of the Globe. Namely, the Black Sea, Middle East, Red Sea, Gulf of Guinea, and Southeast Asia have been proved as risk areas for the sea trade in general. Maritime Security is at stake in these areas and rules are not followed by the coastal states or illegal actors. It is commonly accepted that the ocean is a pathway that leads to all shores, and it is determined that the freedom of this pathway is being challenged due to unstable conditions in some regions in the above areas. How could we, Humanity, through Multinational Organizations, revise and empower the use of Maritime Security globally? Why are the tremendous maritime powers neutral and vital interest-driven when they react to maritime security?
These questions remain at the heart of the problem. Recently, Black Sea and Middle East conflicts have enormously affected world trade and shipping routes. Terrorism heats Maritime Shipping worldwide, expanding their usage up to the State's control. This is how Yemen and Iran use violence at the Maritime passages to destroy the world trade safe routes and to create instability.
Considering the maritime profile that a maritime Nation seeks to manage, the traditional naval/sea approach of keeping a merchant fleet to expand their economic growth is understood. They are the ones who desperately want the rules established for Maritime Security as a standing condition. All in all, maritime security has been a requirement since ancient times. Pirates were the first threat that evolved; today, there are many more threats, such as terrorist attacks and cyber-attacks.
Principles of Maritime Security
The evolution of Military Affairs enormously impacted the organization and Mission of some of the Great Powers around the Globe. They have been awarded rapid development in maritime Power, either in Shipping navigation and/or both. Once equipped with Maritime Power's signs and projection, a country could orient the relevant balance of Power under certain conditions per region per sea region, geopolitically oriented. Thus, the Shipping industry has an inherently international nature, supported by the UN, the EU and other organizations in terms of the safety of Shipping, particularly the International Maritime Organization (IMO), which has developed a comprehensive framework of global maritime safety regulations.
Maritime security provides the field for the marine sector, allowing it to employ best practices for defending merchant vessels against internal and external threats. The four concepts of Maritime Security include:
- the Marine environment connected to marine safety and the protection of human lives at Sea,
- the Economic development depicted by the safe use of trade routes and international lanes-formerly known and as SLOCs (Sea Lines Of Communication),
- the National security endorsed by the coastal State's efforts in building its sea power,
- the Human security related to human trafficking.
Internal and external threats have various forms; therefore, different actions and preparations should be taken to defend each one correctly. Security risks are taken into consideration, so to constantly maintaining vessel safety is a priority. The areas of interest include illegal trafficking of goods and people, piracy, terrorism, robbery, illegal fishing, and pollution, all of which ships and maritime operations need to protect. In addition, the critical Infrastructure in the maritime domain, such as gas pipelines, undersea internet cables and offshore wind farms, is a new field of research for protection as a goal for Maritime Security.
The recent attacks on the Nord Stream pipelines in the Baltic Sea in 2022, the incidents of unauthorized presence around critical Infrastructure and recurrent cyberattacks and hybrid campaigns have established a new kind of threat that requires action to protect it. Furthermore, its complexity and potential vulnerabilities increase as the domain undergoes digital transformation. New monitoring systems will be used to enhance the resilience of such critical Infrastructure and develop innovative technologies.
1. Colonization and the Merchant's Profit
Colonization created the environment for pirates' evolution, allowing them to take advantage of the cursus. As the colonial regimes took control over most of the land in the region, the Malay, Chinese and other Asian pirates were deprived of their markets and safe havens on land (Amirell, 2019). At the same time, increasingly frequent patrols by the colonial navies and other maritime forces made piratical ventures ever more complex and precarious. The anarchy of the past gave way to the modern regime of relative security at Sea, allowing for the freedom of navigation and the progress of maritime commerce.
Even though organized piracy was brought down effectively by the middle of the nineteenth century, its presence did not render it obsolete for the twentieth century. The central area of Southeast Asia and the South China Sea throughout the nineteenth century and some parts of the region well into the twentieth century remained as danger zones for pirates' attacks and raiding. In these areas, the principles for today's world trade project have been established due to conditions allowing merchandized goods, metals and services.
In the early 19th century, the Barbary pirates suffered in the European neighborhood and its coastline in the Mediterranean Sea, and they were kept as permanent invaders against the territories of European monarchs. Nowadays, their Somali counterparts have been proven to be difficult opponents for a certain period, away from the European coastline. This was a thorny problem and provoked the European initiative to bring the pirates to heel. This was the first step that brought Europe closer to becoming a genuine military power. Moreover, the Gulf of Guinea (GoG) remains a key area for piracy attacks, where pirates have continued their presence for almost 2 centuries.
The United States National Geospatial-Intelligence Agency (NGA) maintains the Anti-Shipping Activity Messages (ASAM) data, a logging tool for all hostile incidents towards ships and sailors worldwide. North Standard states, " 116 incidents were reported to the IMB Piracy Reporting Centre between Jan – Dec 2024. These are broken down as 94 vessels boarded, 13 attempted attacks, six vessels hijacked and three fired upon. Violence against and the threat to crews continues with 126 crew taken hostage, 12 crew kidnapped, 12 threatened and one injured" (According to 2024 Jan – Dec IMB Piracy and Armed Robbery Report , Published:15 January 2025).
2. Linking the Shipping Trade with New Threats
Controversial to the initial empire expansion goals, the suppression of piracy continued to be an essential rationale for colonial expansion even though maritime raiding had ceased to constitute a significant security threat from the 1870s. As noted by Eric Tagliacozzo, the threat of piracy was most immediate in the decades leading up to 1865, when it constituted a real impediment to the progress of commerce and administrative stabilization on the peripheries of the Dutch and British colonial possessions in Southeast Asia (Tagliacozzo, 2019:109).
Digitalization in the maritime industry has exposed offshore vessels and onshore maritime assets to increasing cyberattacks by malicious actors. The problem is particularly acute in the geopolitically fraught Indo-Pacific region, where most (60%) of global maritime trade passes. Controversial to this is that this region has the least incidents of attacking/damaging pipelines while Atlantic and European territorial waters have the majority. Various Agencies and international organizations have identified the vulnerabilities caused and created guidelines to enhance cyber risk management in the maritime industry. However, investigations into the tangible impacts of these guidelines are still in their early stages. The total number of cyber incidents or attacks has been spread: 60% on shipping lines, 24% on port operators, and 16% on freight forwarders. Hence, conducting studies that collect pragmatic solutions and historical data on cyber-attacks is imperative to implement these recommendations successfully in practical situations. The inadequacy of the international regulatory ecosystem centered around the International Maritime Organization (IMO) and other challenges have only compounded the problem.
Where Trade is going on successfully, crime is about to happen against trade routes and wealthy societies. After all, the coastal states had full responsibility to protect their territory, citizens, and economy. Consequently, no matter if you are Alexander the Great, the Justinian emperor, Marco Polo, or Napoleon, you and your country would suffer from various sheds of crime throughout the centuries. Maritime Security is the tool to handle with care, global affection piracy and all parenting activities.
The Effect of Conflict on International Trade
A Conflict refers to disputes or confrontations between parties, which can be violent (war, military action) or non-violent (diplomatic standoffs, trade wars). They can arise from various sources, including territorial disputes, resource competition, ideological differences, or historical grievances. Conflicts often lead to economic disruption, loss of life, and human suffering, as they can hinder development and destabilize regions.
Similarly, Trade can lead to economic growth, job creation, improved relations between countries, and access to resources that may not be available domestically. International Trade could be established through trade agreements, while countries can establish tariff rates, quotas, and terms of export and import to enhance economic cooperation.
Every conflict often leads to disruption and negative outcomes, while at the same time, Trade promotes cooperation and economic development. Understanding the balance between the two can help formulate policies that aim to reduce conflicts and enhance trade relations. Financial growth and maritime routes are intricately linked, as maritime Trade plays a crucial role in driving economic development and globalization. In general, the relationship between conflict and Trade influences each other. Whilst great powers use geo-economics means more often for coercion, slowing globalization, and growing populism, there is a rising geopolitical competition that challenges the foundation of the absence of great power war. The most recent example is the Russian invasion of Ukraine (Kamin, 2022).
Looking into the Russia-Ukraine conflict, the significance of Black Sea as a geopolitical node is well understood. International Actors should continue efforts to guarantee freedom of navigation in the Black Sea to ensure trade flows. The monitoring of China and Russia's movements in the region could provide stability and security, leading also to an understanding of both Russian and Chinese strategies concerning the area. Moreover, strengthening regional cooperation and relations with Western partners would reduce Russia's negative influence. At the same time, China is interested in promoting diplomacy and collaboration to reduce the risk of conflicts and economic disruptions in the Black Sea region.
Historical records show trade disputes have occurred among trading countries linked by commercial and political ties. In this view, the argument that Trade reduces conflicts by increasing the cost of wars through trade disruption and sanctions is not accurate. It might help us better understand that, historically, countries at war have continued to trade and that Trade did not stop military conflicts (Gogliesi, 2008). The proof for trade continuity, no matter what a conflict is on, is relevant to several key points, especially in how maritime routes influence financial growth:
- Facilitation of Global Trade: Maritime routes serve as the backbone of international Trade, enabling the movement of goods across countries and continents. Shipping is often the most cost-effective way to transport large quantities of goods. Lower transportation costs contribute to more competitive pricing, boosting trade volumes and stimulating economic growth (Marano et al, 2013). Efficient maritime routes give countries access to global markets, allowing them to export goods and services, increasing foreign exchange earnings, and supporting job creation.
- Port Development and Operations: The development and secure operations of ports and related Infrastructure create jobs in Shipping, logistics, and customs, boosting local economies. Investing in modern, efficient ports in a Country enhances its capacity to handle larger volumes of Trade, attracting more shipping lines and increasing Trade.
- Enhancing Competitiveness: Maritime routes are often included in regional and international trade agreements, leading to increased financial growth. Countries with vigorous maritime trade routes can position themselves competitively in the global economy. Countries often seek partnerships to enhance the condition for effective maritime Trade, leveraging their routes for mutual economic benefit, thus fostering regional economic integration and boosting growth.
- Logistics and Supply Chain Efficiency: Efficient maritime transport reduces lead times and improves supply chain reliability, making businesses more competitive and resilient. Maritime routes are vital for the smooth operation of global supply chains, which are essential for modern economies. Businesses rely on maritime Shipping to source raw materials from different parts of the world, manufacture products, and redistribute them to various markets, contributing to economic growth at multiple levels.
- Promotion of Tourism and Related Revenues: Maritime routes also facilitate the growth of the tourism industry, generating significant economic benefits. Additionally, they enable cruise lines and recreational Shipping, contributing to tourism revenue for coastal nations and regions.
The Growth of Trade and The Role of Maritime Security
Maritime security is crucial for protecting the interests of international Trade and ensuring safe and efficient shipping routes. It is the field where all the core values of growth and the focus on peace establishment remain highly important. What is the beneficiary of the condition of Maritime Security? It could include the following benefits of maritime security to trade:
• Safe Shipping Routes: Enhanced maritime security helps ensure that shipping lanes are safe from piracy, terrorism, and other threats, allowing ships to travel without fear of attack. Approximately 90% of global Trade by volume is transported by Sea. Maritime security ensures the safe passage of goods, reducing the risk of piracy, smuggling, and other criminal activities that can disrupt shipping routes.
- Protection of Cargo: Robust security measures protect cargo and shipping vessels from theft, damage, or disruption, ensuring that goods arrive at their destinations safely and promptly.
- Reliability of Supply Chains: Secure maritime environments contribute to the reliability of supply chains, enabling businesses to maintain inventory levels and meet customer demand effectively. Maritime security ensures the protection and resilience of this Infrastructure against various threats, including terrorism and natural disasters, thereby maintaining a nation's economic vitality.
- Economic Stability: Maritime security fosters economic stability by promoting confidence in Trade, attracting investments, and reducing insurance costs that are dependent on Shipping and logistics.
- Environmental Protection: Effective maritime security includes monitoring for illegal fishing pollution, protecting underwater pipelines (energy, data transferring, water, communications), and ensuring environmental standards. Illegal fishing is a global problem. Illegal, unreported and unregulated fishing- or IUU fishing- accounts for one of every five wild-caught fish. Some experts estimate that 10–26 million tons of IUU-caught fish are taken each year — an amount equal to 11–19% of the global reported catch. Over 40% of the world's illegal fishing happens off the coast of Western Africa.
- Crisis Preparedness and Response: Countries with robust Maritime Security frameworks are better equipped to respond to crises, ensuring that Trade can continue even in adverse situations. Effective maritime security strategies help protect national sovereignty and ensure the safety of citizens. As technological advancements and globalization increase, new threats emerge, such as cyber-attacks on shipping infrastructure and the potential for conflict over maritime resources, including underwater pipelines. Considering its influence as an illegal action and the uprising effect of using pipelines, it could negatively harm the essence of stability that Maritime security could provide.
The Role of NATO, EU, and UN in Global Shipping, in Collaboration With IMO
The fight for freedom of the seas formulates a symbolic implication for the structure of the international system, especially for world trade. Great powers from Rome to the British Empire had embedded a standing reaction against pirates; Their Impact on the safe delivery of goods was and remains a significant concern. World organizations such as the UN, the IMO, EU, and NATO rose to enhance trust, financial growth, and new ways of living. Supportive to all the above, the merchant routes transporting thousands of tons of goods to all destinations. Seafarers and coastal states started to implement rules for the safe navigation and loading of the ships. At the same time, the local economies created the exchange to aid in faster delivery of payments worldwide.
International organizations support the Maritime Security framework globally. In particular, the EU and the United Nations (UN) are focused on fostering the implementation of the agreed regulation. Counter-piracy measures have developed in response to the evolving nature of maritime piracy. International naval coalitions like the Combined Maritime Forces (CMF) and the European Union Naval Force (EU NAVFOR) have a role in safeguarding commercial Shipping in high-risk zones. Legal frameworks, including the United Nations Convention on the Law of the Sea (UNCLOS) and regional agreements, have laid the groundwork for prosecuting pirates and enhancing cooperation in maritime security.
As a result of various conditions occurring all over the world, the IMO signed The SOLAS Convention . The regulation is the most important of all international treaties, safeguarding the conditions of the safety and security onboard the merchant ships. Since 1914, when the first version was adopted in 1914, in response to the Titanic disaster, up to 2004 with the adoption of the International Convention for the Safety of Life at Sea (SOLAS), IMO has focused on Special measures to enhance maritime security. The International Ship and Port Facility Security (ISPS) Code is a significant act. The ISPS Code was entered into Force and is a mandatory instrument for all countries party to the Convention. It is the IMO's main legislative framework to address maritime security-related matters.
EU and its Maritime Security Strategy have adopted specific measures to increase the implementation of Maritime Security throughout its maritime borders. The FRONTEX, the EU's Border and Coast Guard Agency has coordination initiatives in the field to support the principles of Maritime Security. Through the cooperation of EU member states, the Agency could be the Leader in activities against illegal action in the Maritime Borders of the EU.
Fostering the principles of Maritime Security is a fact for the countries surrounding the Gulf of Guinea (GoG). Through African Union corporate action, these countries have enhanced their capabilities to protect the Maritime legitimate status in the GoG by combatting the illegal fishing and piracy incidents in that area (ACCORD, 2024). EU is a great provider of that activity. African States have advanced the use of Maritime Surveillance Centers (MSCs) in a network to coordinate their action against illegal action.
Conclusions
Increased shipping activity can lead to growth in regional economies with local businesses, such as warehousing, transportation, and services. In parallel, the expected investment in Infrastructure enables the strategic importance of maritime routes and encourages countries and companies to invest in related Infrastructure, positively impacting financial growth and security.
Maritime security has evolved into a critical field of geopolitics, influenced by the strategic significance of maritime routes, competition for resources between countries, technological advancements, and the complexities of international law. As global Trade and geopolitical tensions increase, the need for effective maritime security measures will become more pronounced.
Maritime security is essential for maintaining the integrity, efficiency, and safety of international Trade. It creates a stable environment that supports economic growth and fosters global commerce. Maritime security is fundamental to global stability, economic prosperity, and environmental health. Its importance is underscored by the interconnectedness of marine activities and the diverse challenges that arise in the maritime domain.
The oceans are vital ecosystems that support biodiversity and regulate the planet's climate. Maritime security includes measures to combat illegal fishing and pollution and the establishment of protection for critical pipelines and shipping accidents that can harm marine environments. Safeguarding these ecosystems is essential for sustainable development and the planet's health.
Maritime confidence building may encourage attitudes of cooperation that have political, economic, and security consequences that extend far beyond the naval field. It is the fundamental tool to explore stability worldwide, a challenging path to balance growth and peace.
The adequate protection of underwater energy and communication pipelines should be included in Maritime Security's responsibilities. This new category of critical Infrastructure remains the responsibility of coastal states, which influence the international environment in many ways.
International organizations' role in facilitating dialogue and promoting peace is multifaceted and vital for maintaining global stability. By fostering dialogue and understanding, they advocate for Maritime Security conditions.
Recommendation
Establishing 200-nautical-mile exclusive economic zones from the EU countries could be a haven for protecting the EU Maritime Borders and its Coastlines. In this territory, the action for environmental protection and the protection of pipeline networks could be effective using capable and suitable assets and Naval Forces. Hence, there is a need to build confidence at Sea. With its maritime operations in effect, the EU has become a key role actor globally, defending against piracy and irregularity concerning securing trade lanes across naval zones. The practical and well-organized use of International Operations such as the EU Maritime Operation IRINI off the coast of Libya and recently Operation ASPIDES (EUNAVFOR, 2024) namely, justify the strong interest expressed by the EU to act for the implementation of international law against human trafficking, terrorism, and protecting the freedom of the seas.
With the advanced use of surveillance systems like MARSUR, the EU could easily promote initiatives like what has been established in the Gulf of Guinea to interact against piracy, illegal fishing incidents, and other illegal actions. Maritime security would be enabled effectively through a network of marine surveillance centers capable of safeguarding the area, and when required, they coordinate the action against criminal conditions.
In the search for improved world security, the EU has to activate Naval forces and activities, which should be treated as stability enablers. Warships will continue to navigate in distant waters in support of national political and economic interests, taking advantage of the exceptional mobility and flexibility of maritime Power. EU Naval Forces and assets are the perfect tool to enhance Maritime Security as the core ingredient of a Maritime Strategy for a Nation, a State, or a Continent. Its concepts will monetize the practical means for the stability and the safe transport of goods together with the continuous efforts to protect human life at Sea.
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