Implementing and Enforcing Maritime Law Globally:
An Analysis for Improving Safety
International Maritime Organization The IMO is an UN agency which is responsible for improving the safety of international shipping and preventing pollution from ships. In 1948 the UN convened in Geneva an international conference to consider establishing an international organization devoted exclusively to maritime matters. It was believed that such maritime matters as maritime safety would be more effectively addressed at the international level rather than by individual countries acting unilaterally. The conference lead to the establishment of the UN agency, the Inter-Governmental Maritime Consultative Organization (IMCO). In 1982 its name was changed to the International Maritime Organization. The IMO has 158 member and two associate member states. In the last 30 years the IMO has promoted the adoption of 30 conventions and protocols and adopted over 700 recommendations and codes for maritime safety, the prevention of pollution and related matters. The IMO organizational structure consists of the Assembly, the Council, five committees (which undertake most of the work) -- Maritime Safety Committee, Marine Environment Protection Committee, Legal Committee, Technical Co-operation Committee and Facilitation Committee -- and the Secretariat. The Assembly which consists of all member states and meets once every two years is the governing (or legislative) body of the IMO. It approves the work program and budget, makes decisions regarding international conferences and adopts resolutions which will be recommended to member states for their action. The Council is composed of 32 member states elected by the Assembly for two-year terms. In between Assembly sessions, the Council acts as the IMO governing body. The Maritime Safety Committee (MCS) is the IMO’s senior committee for technical work and addresses a wide range of safety-at-sea issues. Its subcommittees are concerned with the construction and equipment of ships, aids to navigation, the prevention of collisions, handling of dangerous cargoes, safety in ship manning, safety procedures and requirements, hydrographic information, casualty investigation, navigation records, salvage and rescue and other factors directly affecting maritime safety. The Marine Environment Protection Committee (MEPC) coordinates IMO activities in the prevention and control of pollution from ships, especially those related to oil pollution. The Legal Committee is responsible for any legal matters that arise within the scope of the IMO. The Technical Co-operation Committee is responsible for coordinating the technical assistance of the IMO, e.g., helping governments implement adopted technical conventions. The Facilitation Committee is responsible for IMO activities that facilitate international maritime traffic, e.g., reducing the formalities and simplifying the documentation required of ships when entering and leaving ports. The Secretariat (appointed by the Council with the approval of the Assembly) consists of the Secretary-General and nearly 300 international civil servants based at IMO headquarters in London. IMO conventions normally develop with a committee or a subcommittee undertaking the initial work. A draft instrument is submitted to a conference consisting of invited delegations from all UN (IMO and non-IMO member) states. The final text adopted by the conference, i.e., the convention, is then submitted to governments for their ratification. The convention comes into force (or is ratified) when a specified number of countries have ratified it and fulfilled any other requirements. Implementation of the convention is mandatory on countries which have ratified it. The IMO not only gives technical assistance to ratifying flag states which lack the means to implement conventions but also provides for a process of internal and external audits of flag state implementations (De Bievre, 1997). |