LLM701: Assessment 2 – Legal and Institutional Challenges in Implementing Maritime Safety Regulations in Developing States (2026)

Module and Assessment Overview

Module code: LLM701 – Maritime Law and Governance
Programme: LLM / MSc Maritime Law, Maritime Affairs, Maritime Safety and Environmental Administration
Level: Postgraduate (Level 7)
Assessment type: Individual research essay / written assignment
Assessment number: Assessment 2
Weighting: 40% of module grade
Length: 2,500–3,000 words (excluding references and any annexed legislation)
Submission format: Word or PDF uploaded to LMS (Turnitin enabled)
Deadline: Week 9, Sunday 23:59 (local time)

Assessment Context

Most developing coastal and island states have ratified core maritime safety conventions adopted under the auspices of the International Maritime Organization. These include the SOLAS Convention, the MARPOL Convention, the STCW Convention and the Load Line Convention. Despite widespread ratification, accident statistics, port state control detention rates and audit findings continue to reveal persistent implementation gaps in areas such as vessel survey and inspection, flag state oversight, port state control performance and domestic enforcement.

In many jurisdictions, legislative frameworks formally incorporate treaty obligations through maritime Acts and subsidiary regulations. However, institutional constraints, political economy factors and resource limitations often prevent effective application in practice. The result is a recurring law in books versus law in action gap that directly affects safety of life at sea, marine environmental protection and the credibility of the state as a flag, coastal or port state.

This assessment reflects a recurring postgraduate task in maritime law and policy programmes. Students are expected to move beyond doctrinal description of conventions and instead diagnose why implementation fails or underperforms in specific developing state contexts. The essay therefore tests your ability to integrate treaty law, implementation processes, governance analysis and evidence based reform proposals.

Assessment Task

Essay Title

Legal and institutional challenges in implementing maritime safety regulations in developing states: a critical analysis of [choose one state or regional organisation]

Task Description

Write a 2,500–3,000 word critical research essay that analyses the legal and institutional challenges faced by a selected developing state, or regional arrangement of developing states, in implementing international maritime safety regulations.

You must:

Select one of the following focus areas:
- A single developing coastal or island state, or
- A regional organisation primarily composed of developing states, such as the Southern African Development Community, the Economic Community of West African States, the Association of Southeast Asian Nations or the Caribbean Community, where maritime safety implementation is a shared concern.
Your choice should be clearly justified in the introduction, with brief contextual data on fleet size, port activity or recent safety performance where relevant.
Identify the main international maritime safety instruments relevant to your case. At minimum, this includes SOLAS, MARPOL, STCW and the Load Line Convention, together with any applicable regional memoranda of understanding, codes or guidelines. You should demonstrate an understanding of the substantive obligations imposed by these instruments rather than merely listing them.
Analyse the process by which these instruments have been incorporated into national law or regional frameworks. This may include enabling Acts, delegated regulations, administrative circulars, or regional protocols. Where possible, refer to specific statutory provisions or reform timelines.
Evaluate the key legal challenges to implementation, which may include:
- Outdated, fragmented or overlapping legislation
- Gaps between treaty obligations and domestic law
- Weak sanctions, discretionary enforcement, or limited judicial oversight
- Conflicts between safety obligations and other policy priorities such as trade facilitation, revenue generation or local industry protection
You should critically assess whether these legal features structurally limit effective enforcement.
Evaluate the key institutional challenges, for example:
- Capacity constraints in the maritime administration, including staff shortages, inadequate training, limited funding or insufficient inspection equipment
- Overlapping mandates and coordination problems between maritime authorities, port administrations, naval or coast guard services and environmental regulators
- Corruption risks, political interference, or lack of political will to enforce regulations against powerful domestic actors
- Weak data systems, inspection regimes and casualty investigation capacity
Where possible, connect institutional weaknesses to measurable outcomes such as detention rates, casualty records or audit findings.
Use at least one concrete case study, such as an accident investigation, port state control detention record, audit observation or regional safety initiative. The case study should illustrate the practical consequences of identified legal and institutional weaknesses and should be supported by official documentation or reputable academic sources.
Develop realistic and context sensitive recommendations for strengthening both the legal framework and the institutional architecture of the selected state or region. These recommendations must be grounded in:
- Existing IMO implementation guidance, including the III Code and related audit mechanisms
- Recent empirical or doctrinal scholarship on maritime safety governance in developing countries
Recommendations should be specific, feasible within the economic and political context, and clearly linked to the problems identified in your analysis.

Indicative Structure

The following structure is recommended. You may adapt it where justified, but the logic of progression from legal framework to institutional analysis to reform proposals should remain clear.

I. Introduction (approx. 300–400 words)

Identify your chosen state or regional organisation.
Explain why maritime safety implementation is a critical issue in this context.
Set out your research aims, research question and the structure of the essay.

The introduction should do more than provide background. It should clearly signal your central argument or analytical position.

II. International and Domestic Legal Framework (approx. 600–700 words)

Outline the main international safety conventions ratified by your case state or region.
Explain how these have been transposed into domestic law or regional instruments.
Highlight gaps or inconsistencies between treaty obligations and domestic legislation.

You are expected to demonstrate doctrinal accuracy and to identify areas where domestic law falls short of international standards.

III. Institutional Arrangements for Implementation and Enforcement (approx. 600–700 words)

Describe the key institutions responsible for maritime safety, such as the maritime administration, coast guard, port authority and relevant courts.
Explain their mandates, reporting lines and accountability mechanisms.
Identify major institutional strengths and weaknesses affecting implementation.

Analysis should connect institutional design to real world enforcement outcomes rather than remaining purely descriptive.

IV. Case Study Analysis (approx. 500–600 words)

Present one or two focused case studies.
Use the case or cases to show how legal and institutional challenges operate in practice.
Draw explicit links between the case evidence and your earlier doctrinal and institutional analysis.

The case study should function as analytical evidence rather than as an isolated narrative.

V. Recommendations and Reform Options (approx. 400–500 words)

Propose concrete legal reforms, such as consolidation of maritime legislation, updating of safety regulations or strengthening of sanction regimes.
Propose institutional reforms, including capacity building programmes, improved inter agency coordination mechanisms, digital data systems or anti corruption safeguards.
Explain how each proposal addresses specific implementation problems and aligns with IMO guidance or regional best practice.

Recommendations must be justified with reference to scholarship, comparative practice or official guidance.

VI. Conclusion (approx. 200–300 words)

Summarise your key findings on the most significant legal and institutional challenges.
Reinforce the importance of sustained reform for safety of life at sea and environmental protection.

The conclusion should synthesise your argument rather than repeat earlier sections.

Submission and Formatting Requirements

Word count: 2,500–3,000 words (essay text only; references excluded). Essays below 2,250 or above 3,300 words may be penalised. Students should include a word count on the first page.
Font and spacing: 12 point readable font such as Times New Roman or Arial, 1.5 line spacing, normal margins.
Referencing: Harvard style, with in text citations and a full reference list of at least 12–15 academic and official sources published between 2018 and 2026 where possible.
Sources: Use peer reviewed journal articles, IMO documents, reputable institutional reports and official case material. Avoid unreferenced blogs and non academic commentary as primary authorities.
Submission: Upload a single Word or PDF file via the LMS assignment link. Ensure your student ID and module code appear on the first page. Do not include your name if anonymous marking applies.
Academic integrity: All work must be your own. Properly acknowledge legislation, case law, IMO instruments and secondary sources. Similarity checks and academic misconduct procedures apply.

Learning Outcomes Assessed

On successful completion of this assessment, students will be able to:

Critically evaluate international maritime safety instruments and their domestic implementation in developing states.
Analyse the interaction between legal frameworks, institutional capacity and effective maritime safety governance.
Develop context sensitive reform proposals that reflect both legal doctrine and institutional realities.
Communicate complex legal and policy analysis in a structured, evidence based written assignment suitable for professional practice and policy advisory contexts.

Marking Criteria and Rubric (Postgraduate Level)

Criterion	Weight	High Distinction (80–100%)	Distinction (70–79%)	Credit (60–69%)	Pass (50–59%)	Fail (<50%)
1. Understanding of International and Domestic Legal Frameworks	25%	Demonstrates nuanced, accurate and integrated understanding of key international safety instruments and their domestic or regional implementation; shows critical appreciation of the law in books versus law in action gap.	Clear and accurate explanation of relevant instruments and implementing measures; some critical insight into implementation gaps.	Generally accurate description of main instruments and domestic measures; limited critical discussion of implementation issues.	Basic description with some omissions or minor inaccuracies; minimal critical engagement.	Serious inaccuracies or omissions; little or no grasp of relevant instruments or domestic framework.
2. Analysis of Institutional Arrangements and Challenges	25%	Provides sophisticated, evidence based analysis of institutional structures, capacity constraints, coordination problems and governance dynamics; clearly links these to safety outcomes.	Well organised discussion of institutional arrangements with good use of sources; some deeper insights into governance implications.	Identifies main institutions and challenges; analysis largely descriptive.	Superficial description; weak linkage to implementation effectiveness.	Institutional aspects barely addressed or seriously misconstrued.
3. Use of Case Study Evidence	15%	Case study is well chosen, carefully documented and effectively integrated into the argument; makes strong use of official reports or empirical data.	Relevant case study reasonably well integrated into the argument.	Case study present but mainly descriptive.	Underdeveloped or weakly evidenced case study.	No meaningful case study.
4. Critical Evaluation and Quality of Recommendations	20%	Presents well reasoned, realistic and context sensitive recommendations aligned with IMO guidance and developing state constraints.	Plausible and generally well argued recommendations with some reflection on feasibility.	Relevant but generic or under argued recommendations.	Vague or impractical recommendations.	Recommendations absent or wholly inappropriate.
5. Structure, Writing Quality and Referencing	15%	Tightly structured, coherent and clearly written; accurate and consistent referencing; high quality and up to date sources.	Clear structure and appropriate style with minor issues.	Adequate structure; some inconsistencies in expression or referencing.	Weak organisation; frequent referencing errors.	Very poor structure; referencing absent or seriously defective.

Academic Discussion Guide

Effective implementation of maritime safety conventions in developing states requires more than formal ratification and legislative transposition. Empirical research demonstrates that compliance outcomes are strongly correlated with administrative capacity, stable funding streams and professionalised inspection services, which together determine whether survey regimes and port state control functions operate consistently over time. In several African and Southeast Asian jurisdictions, fragmented governance arrangements and weak inter agency coordination have diluted accountability and reduced the deterrent effect of sanctions, thereby undermining the preventive logic of international safety standards. As observed in recent regional studies, sustainable improvement depends on embedding legal reforms within institutional redesign that clarifies mandates, strengthens oversight and links performance evaluation to measurable safety indicators (de Sousa, 2022). This perspective reinforces the view that maritime safety governance must be understood as a systemic regulatory ecosystem rather than as a purely doctrinal question of treaty incorporation.

Bibliography Resources

Benjamin, A. (2025) ‘Compliance levels and challenges in implementing maritime safety regulations: Evidence from Lake Victoria and Nigerian waters’, International Journal of Economics, Commerce and Management, 13(4), pp. 45–68.
UNCTAD (2021) ‘International legal and regulatory developments and their implications’, in Review of Maritime Transport 2021. Geneva: UNCTAD, Chapter 6.
Kamanga, T.W.T. (2020) Development and implementation of uniform safety standards for the Southern African Development Community. MSc dissertation. World Maritime University.
Cavendish University Uganda (2023) An examination of international legal framework for maritime safety and security and its implementation challenges in Nigeria. Kampala: Cavendish University.
de Sousa, L. (2022) ‘Regional organisations as mechanisms to ensure maritime safety and security: The case of SADC’, MSc dissertation, World Maritime University.
Özçayır, Z.O. (2019) Port State Control. 3rd edn. London: Informa Law.