Domestication of International Regulation as a Fundamental Step to Developing Preparedness and Response

Abstract

The International Maritime Organization (IMO) and the oil and shipping industries have been supporting countries in the development of their oil spill preparedness and response capacity for decades, including through the Global Initiative (GI) programme. These efforts have provided a wealth of experience and understanding of international good practice. A key lesson learned is the importance of legislation and regulation as a fundamental step to developing a preparedness and response framework. This paper will explain how, by contributing to the full implementation of international regulation, the Global Initiative benefits industry and governments alike. Whilst governments find their level of oil pollution preparedness enhanced, industry benefits from the strengthening of the legal and institutional framework which mitigates regulatory and associated economic risks, and eases the dialog with relevant national authorities. IMO's International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC 90) is the bedrock on which national preparedness and response capability is built. OPRC 90, and various regional agreements that integrate with it, set out obligations with respect to a national response framework and associated contingency planning, communication plans, equipment capability and implementation through training and exercises. Whilst the provisions of OPRC 90, and other relevant international legal instruments, are clear, their domestication has proven to be challenging. Most of the obstacles encountered by national authorities fall under three main themes. They could be: purely legal (e.g. transposition of the provisions in the international framework into national law); more institutional (e.g. definition of the competent national authority and operational contact points for oil pollution preparedness and response); or even technical, especially with regards to secondary regulations or rules to address technical aspects of preparedness and response (e.g. approval of response techniques). The GI regional project teams are familiar with these challenges, which are regularly encountered. To overcome the difficulties, each Project has developed solutions together with governments and local business units of the industry. This paper seeks to discuss challenges encountered by countries in meeting their obligations, within the different geographical regions covered by the GI programme. The authors will share their experience and observations from programme implementation, and recommend good practice to enable the domestication of international instruments.