When considering how old and deeply embedded into the fabric of Maltese social and economic life the maritime sector is, the lack of dedicated top-level workers in key institutions may come as a surprise.
Lisa Camilleri, CEO and lawyer of boutique maritime advisory firm MCConsult, believes that public and private investment in the specialisation of the different institutions and service providers involved in the sector is what Malta needs to push its Maritime reputation from good to great.
“Maritime affairs are essentially narrowly understood as a single sector: shipping,” she says. “Yet as the United Nations Convention on the Law of the Sea clearly lays out, the sea has great potential, not only for the purpose of trade and transport, but also for the digital economy, research, innovation, energy and action against climate change.”
Dr Camilleri believes that spreading awareness, encouraging Maritime education from the early years and increasing specialisation would lead to Malta being truly recognised as a Maritime Nation, providing a one stop shop for all things marine related, and proposes that such a change needs to start at the top.
“Because of the interrelated challenges of governance that maritime affairs raise, the Government should consider one ministry which will embrace all matters under a single vision – a Ministry of Maritime Affairs.”
A related suggestion is to increase knowledge and education amongst institutions and authorities that are indirect key players within the industry, such as financial institutions, which would benefit from additional insight into the “extremely complex” industry, especially in view of increasingly stringent compliance obligations. Financial institutions have been, for a while now, one of Malta's largest obstacles to providing a holistic maritime package.
“Having specialised personnel within corporations and institutions is vital,” she continues. Familiarity with the industry is crucial to ensure its smooth operation. From a financial institutions point of view, without insight into the technical operations of the industry, it is understandable why it is immediately categorised as ‘High Risk’. However, if personnel learn and understand the massive variety of services that the maritime industry brings, banks may be more lenient to offer their services to lower risk customers, versus pooling all operators into one pool.
Another institution which would benefit greatly from enhanced specialisation is legal system, Dr Camilleri says, echoing comments made by Justice Joseph Zammit McKeon and the Malta Maritime Forum.
While acknowledging that recent moves to extend the Commercial Court’s jurisdiction to a number of maritime affairs, she argues that with the sector’s longstanding history in the country and thorough legislation, the question that begs to be answered is why Malta does not have a dedicated maritime court.
“Over the years we have ratified hundreds of conventions, all of which have been implemented into our national law, making for some of the most advanced maritime laws globally,” she says, while pointing out special provisions are made for maritime aspects in most legislation.
Highlighting the complex nature of the sector, maritime law tends to only be practiced by specialists with expertise in a particular area.
“This is because complex legal disputes can arise in relation to everything from ship repair, charter claims, commerce and pollution,” says Dr Camilleri, noting that court delays are “a fact”, something she described as a shame when considering that the drafters of the law, in spirit, had already specialised maritime law through legal acts.
“Many cases get lost amidst other ones, and sometimes there are even conflicting judgements. Most of the cases merit urgent attention and some are specialised cases which require specialised knowledge.”
Whatever the issue, one thing all maritime practitioners and stakeholders can agree to, says Dr Camilleri, is that the maritime sector needs to be treated efficiently, practically, and with a commercial mindset.
After providing what Dr Camilleri thinks is the basis for a holistic maritime system, she nevertheless looks hopeful and positive to the future.
Recently, Minister for Transport Aaron Farrugia not only proposed but has set the ball rolling for a steering committee on a superyacht policy for the Maltese Islands. Financial institutions have also become more open to the idea of learning more about the industry and what it brings to the table.
Seeing that the maritime industry accounts for up to 14 per cent of Malta’s GDP, it is safe to say that it is in both the public and private sectors' best interests to explore, exploit and perfect an industry which forms such a vital part of our economy.
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