Proceedings Of The Marine

SPR 2013

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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Facilitating solutions also requires that Coast Guard personnel understand that model codes are not always the answer to governance problems and may be offensive to other governments. Model legal codes are more likely to be helpful and accepted by the host government when they: • • • include worldwide (rather than strictly U.S.) best practices; allow for the easy separation of regulatory and enforcement functions into different agencies; 6 are written in the host country's primary language.7 Forward Focus By taking a coordinated, Áexible approach to drafting missions, the U.S. Coast Guard legal community is at the forefront of an exciting time in the international rulemaking movement. Weak maritime governance creates soft borders, ripe for drug runners, poachers, and pirates. National maritime administrations need formal laws outlining their authorities. Laws have the potential to give order, continuity, and legitimacy to a country's national maritime force. U.S. Coast Guard attorneys, always ready, remain on call to offer assistance to drafters across the globe. 28 Proceedings Winter 2012 | Spring 2013 About the author: LCDR Tiffany Hansen is a U.S. Coast Guard attorney, assisting attorneys on four continents with port security regulation drafting. Prior international law experience includes serving as a detainee operations attorney advisor in Baghdad, Iraq. Endnotes: 1. International Chamber of Shipping. 2. Coast Guard attorneys serving in internationally focused legal billets as of September 2012 include attorneys with the USCG International Port Security Program, the Defense Institute for International Legal Studies, U.S. Africa Command, and U.S. Southern Command. Guidance for general USCG international engagements is in the U.S. Coast Guard Foreign Affairs Policy Manual, COMDTINST M5710.5, 2012. The congressional mandate to conduct international port security technical assistance is in 46 U.S.C. §§70108-70110, as amended by the 2006 SAFE Ports Act and 2010 Coast Guard Authorization Bill. The USCG International Port Security Program is given operational responsibility for these missions via the U.S. Coast Guard Marine Safety Manual, Vol. VII, COMDTINST M1600.12 (series), Chapter 9, revised 2011. 3. Tom Mielke and Rebecca Day. Incorporation by Reference. Washington, D.C.: Proceedings of the Marine Safety and Security Council, Spring 2012. 4. The old 1995 version of the Model Maritime Service Code is available at www.uscg.mil/international/affairs/publications/mmscode/english/. The Model Port Security Compendium, by U.S. Coast Guard attorney Mr. L. Stephen Cox, will be available in the Spring 2013 edition of the George Mason National Security Law Review. 5. Lant Pritchett, Michael Woolcock and Matt Andrews. Capability Traps in Development. Prism 3, No. 3, June 2012. 6. Worldwide, many maritime authorities are split between maritime regulatory and enforcement authorities. This contrasts with the USCG, which blends both together. 7. Although a relatively basic point, this is very important when distinguishing between words like "safety" and "security," which are the same word in several languages including French and Spanish. www.uscg.mil/proceedings

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