The main objectives of the Project are the following:
(1) To develop human resources, particularly in the developing world, so as to advance a more effective oceans’ legal order. This is being done mainly by contributing further to the promotion, adoption, and effective implementation of UN and IMO international maritime conventions by the members of the international community, particularly developing States. It is estimated that there are over sixty such conventions and hundreds of legal instruments that have been agreed to by the Member States of the said Organizations, but most of them are not ratified or acceded to by Governments of developing States. This is a serious failure that diminishes the effectiveness of the global marine legal order. This failure is largely due to the fact that such States lack the domestic legal expertise to advice on the adherence to these instruments.
Furthermore, even when such instruments are adopted by developing States, the lack of expertise results in a complete failure to incorporate the provisions of these instruments into domestic law. This renders the implementation of treaties and legal instruments meaningless. As the UN and the IMO lack any adequate enforcement mechanisms to ensure the effective implementation of these treaties, enforcement ultimately depends on States themselves. The courts of these States however will not enforce international treaty provisions unless they form part of the State’s national law.
Finally, on occasion, even when international treaty provisions are implemented into domestic law the process of unification or harmonization intended thereby may be stultified by inconsistent interpretation by local judges who fail to take into account the international dimension of maritime law.
The Project is therefore designed to further the Institute’s role in ensuring that Governments in developing States are provided with training opportunities for their domestic legal personnel in the field of international maritime law. The Project is enabling developing States to generate national legal expertise in respect of the following: (i) the adherence to the applicable international maritime law conventions and legal instruments, (ii) the implementation and incorporation of such conventions and instruments into national law, (iii) the effective enforcement of the relevant national law, and (iv) the proper interpretation of that national law to ensure harmonization with the applicable international regime. Current estimates suggest that, depending on the national circumstances, a developing State requires between 10 and 24 specially-trained maritime lawyers every five to eight years.
(2) In this respect, the Project provides scholarships for deserving candidates to pursue studies in international maritime law within the LL.M. programme offered at the Institute. The legal training offered at our Institute sensitizes Programme participants to the relevance of the existing international law conventions and legal instruments. It also provides guidance for the correct methods of implementation and proper interpretation of such international conventions and legal instruments within the relevant national legal system. Scholarships within the Project are, where possible, awarded to nationals of those developing States that lack the requisite expertise most. Accordingly, the award of scholarships also depends on the demand for such expertise in the various developing States. Where possible, priority is given to candidates from Asian/Pacific States to undertake studies within the Institute’s LL.M. programme.
(3) It is therefore expected that ultimately the Project will also lead to a greater participation by developing States in the major international maritime law conventions and legal instruments.