The Chief Legal drafter in the justice ministry, Hilma Kuduva, says that a well-regulated maritime sector fosters confidence among investors and stakeholders in the shipping industry.
Kuduva presented a paper at the two-day Erongo Offshore Safety Conference at the MTC Dome in Swakopmund titled Performance-Legislation and Maritime Legal Urgency for the Offshore Industry in Namibia.
The Namibia Association for the Offshore Oil and Gas Service Providers organised the conference, which started on May 1, 2025.
Kuduva said by aligning national laws with international standards through domestication, coastal states create a conducive environment for trade and investment in maritime activities.
She further said that Namibia’s upstream oil and gas sector is on the verge of rapid transformation for the first time since its independence after the significant discoveries made in the country’s Orange Basin in 2022 and 2023.
Kuduva added that Namibia is legally obligated to exercise its rights and responsibilities in the various maritime zones concerning these offshore drilling operations as a coastal state.
“The right to construct and operate offshore installations and structures necessary for the exploration and exploitation of these resources, subject to certain conditions and obligations under international law Protection of the Marine Environment,” Kuduva explained.
She said a coastal state must take measures to prevent, reduce, and control pollution of the marine environment, conserve marine living resources in its economic exclusive zones and ensure that the harvesting of such resources does not exceed sustainable levels.
Additionally, a coastal state is required to respect the rights of other states, including the rights of innocent passage through the territorial sea.
According to Kuduva, Namibia is a state party to the United Nations Convention on the Law of the Sea (UNCLOS).
This primary international treaty governs the rights and obligations of coastal states in their various maritime zones.
UNCLOS was adopted in 1982 and entered into force in 1994 to provide a comprehensive framework for focusing on and managing the world’s oceans.
“UNCLOS serves as the comprehensive legal framework governing all aspects of ocean space. Often referred to as the “constitution for the oceans,” UNCLOS delineates the rights and responsibilities of nations concerning the use of the world’s seas, establishing guidelines for businesses, the environment, and the management of
marine natural resources,” Kuduva said.
She said the domestication process often involves capacity-building initiatives supported by the International Maritime Organisation itself, and these initiatives help member states develop the necessary skills and knowledge to implement complex regulations effectively.
The International Maritime Organisation is a specialized agency of the United Nations, established in 1948 and headquartered in London.
With over 170 members, the International Maritime Organisation is the leading authority on global standards for shipping safety, security, environmental performance, and operational efficiency.
It ensures that international shipping remains safe, secure, environmentally responsible, and fairly regulated across all nations.
Kuduva said domesticating International Maritime Organization conventions into national laws is crucial for coastal states.
“The International Maritime Organization conventions and treaties are not self-executing and, therefore, after ratification or accession, the relevant state party must domesticate the treaty so that it can be implemented and enforced by that state party,” Kuduva said.
The domestication process ensures that international maritime regulations are effectively integrated into the domestic legal framework, enhancing safety, environmental protection, and compliance with global standards.
“Namibia has a Territorial Sea and Exclusive Economic Zone of Namibia Act 3 of 1990, which outlines the nautical miles of the distance from the baselines of the internal waters, territorial sea, contiguous zone and the exclusive economic zone and continental shelve in Namibia,” Kuduva said, adding that a coastal state has sovereignty and jurisdiction over these maritime zones, which UNCLOS defines.
In the case of Namibia, there is the Petroleum (Exploration and Production) Act 2 of 1991, Minerals (Prospecting and Mining) Act 33 of 1992, Merchant Shipping Act 57 of 1951, and the Prevention and Combating of Pollution of the Sea by Oil Act 6 of 1981 (RSA).
“The regulations under the Petroleum (Exploration and Production) relating to the Health, Safety and Welfare of Persons Employed, and Protection of Other Persons, Property, the Environment and Natural Resources, in, at
or in the vicinity of exploration and production,” she said.
