• Food and Agriculture Organisation of the United Nations (FAO) on fishing vessel safety and illegal, unregulated and unreported (IUU) fishing; In addition, there are several committees and subcommittees responsible for various aspects of marine regulation. For example, the Maritime Safety Committee is responsible for establishing navigational, construction and transportation rules to reduce hazards at sea. The Marine Environment Protection Committee deals with pollution issues and the Legal Affairs Committee is responsible for the law of the sea. The benefits are mutual: the expertise that these IGOs and NGOs can bring to the table has undoubtedly enriched the regulatory processes within IMO. IMO members and the various IMO committees, through the participation of IGOs and NGOs, are able not only to become familiar with the attitudes, capacities and facilities of the industry and relevant business associations, but also to use their skills and knowledge to find comprehensive solutions to the problems discussed. The consultation process at the Committee stage has also proved beneficial for the quality and general acceptance of IMO rules and regulations, thus contributing to their implementation. Governments are more likely to accept IMO regulations if they have not only been approved by relevant intergovernmental organizations and NGOs, but also if the same intergovernmental organizations and NGOs have been actively involved in their development. For example, an NGO such as the International Chamber of Shipping (ICS), which is the leading professional association of merchant ship owners and operators, representing all sectors and industries and more than 80% of the world`s merchant fleet, is required to exert significant influence on maritime safety issues, while the Comité Maritime International (CMI), an NGO founded in 1897 with the aim of: contributing to the unification of the international law of the sea, has assisted the Committee on Legal Affairs over the years in its substantive research on many conventions developed under the auspices of the Committee. However, it should be emphasized that the role of IGOs and NGOs, valuable as it is, is purely advisory; decision-making remains the prerogative of IMO Member States. For example, IMO Member States adjacent to straits regularly submit to IMO their proposals for sea routes and traffic separation systems in those straits for approval, in accordance with the requirements of article 41, paragraph 3, of UNCLOS; Similarly, coastal states proposing “special binding measures” to prevent pollution in a “clearly defined area of their respective exclusive economic zones” will submit their case to the IMO under Article 211(6) of UNCLOS. Indeed, this article is now recognized as the legal basis for states to establish a particularly sensitive sea area within their EEZ and to provide for the associated “special binding measures” necessary to protect the area.
Since parts of the Great Barrier Reef were designated as Australia`s first Particularly Sensitive Marine Area (PSSA) in 1990, some fifteen additional particularly vulnerable support areas have been declared.3 IMO`s relationship with UNCLOS is discussed in more detail by Blanco-Bazan in Chapter 2, “IMO: Working within UNCLOS and Global Ocean Governance”. So far, it has not had such a significant impact on the coasts bordering these seas. As a result, the international law governing these matters does not take due account of the interests of countries that may not have a direct interest in the ship or its cargo, but whose territory could be affected by the sinking. In the event of future accidents, the Government of the coastal State may wish to take certain measures to protect its coasts from pollution that could affect the rights of owners, rescuers and insurers, as well as the flag Government of the ship.17 And its mission today includes security. Environmental concerns, legal issues, technical cooperation, maritime safety and maritime efficiency. IMO is governed by a General Assembly and financially administered by a Council of Members, which is elected by the Assembly. IMO`s work is carried out by five committees, assisted by technical subcommittees. Other UN agencies can observe IMO`s work. Observer status is granted to qualified non-governmental organizations. IMO`s initial focus on the technical aspects of security-related issues was also reflected in the fact that IMO in its original version (and with the exception of its two governing bodies – the Council and the Assembly) consisted of only one committee, namely the Maritime Safety Committee (MSC). Its main task was to promote maritime safety in accordance with its mandate under article 28 (a) of the Convention, namely: To date, IMO has developed more than fifty conventions, almost all of which are in force, which deal not only with safety and navigation issues, but also with issues such as response to pollution from ships.
Liability and Indemnification and Marine Safety. Many of the most important safety and environmental conventions cover more than 90 per cent of the world`s merchant shipping, as measured by the gross tonnage of the world`s merchant fleet. In addition to these multilateral treaty instruments, IMO has developed a large number of so-called soft law instruments, including codes, guidelines, resolutions, best practices and others, which complement its widely respected treaty framework and have made a significant positive contribution to global ocean governance. carry out the tasks arising from points (a), (b) and (c) of this Article, in particular those assigned to it by or pursuant to international agreements on ocean affairs and the impact of navigation on the marine environment; IMO also deals with legal issues related to international shipping, such as liability and compensation issues and facilitation of international maritime traffic. The Assembly, IMO`s governing body, meets every two years to discuss issues relating to international shipping and to examine the organization`s budget. 13 It is a body that meets annually to discuss political issues concerning the United Nations and its specialized agencies. It is chaired by the Secretary-General of the United Nations, in which the executive heads of the specialized agencies also participate. Similar regular meetings are held between the legal advisers of the United Nations system and the heads of Government of the United Nations. In the exercise of the functions of the Organization, provided that, on matters relating to Article 2 (a) and (b), the Assembly shall submit such matters to the Council for the preparation of recommendations or arrangements in this regard; Considering, further, that recommendations or instruments submitted by the Council to the Assembly and not accepted by the Assembly shall be referred to the Council for further consideration, which may make comments as appropriate; The IMO Facilitation Committee grew out of an ad hoc working group on facilitation which met for the first time in September 1967. It was established in May 1972 as a subsidiary body of the IMO Council in recognition of the satisfactory work and desire of its members to expand IMO`s moderation activities. Subsequently, it acted as an FAL committee, but without being institutionalized under the IMO Convention. In 1991, the IMO Council approved a proposal to institutionalize it “in order to ensure full legal reflection of IMO`s structural activities”, which led to an amendment to the IMO Convention (see Assembly Resolution A.724(17) of 7 November 1991), which finally entered into force in 2008.
Although the above-mentioned activities are eloquent examples of cooperation between IMO and the United Nations, all of which have contributed significantly to global ocean governance, IMO nevertheless remains a sovereign organization and is legally and financially independent of the United Nations. It has its own constitution, the IMO Convention; its own members (composed of UN Member States and non-UN Member States14); and its own internal structure Page Id: 9ReferencesConvention on the International Maritime Organization (as amended by resolution A.724(17)) (International Maritime Organization [IMO]) 289 UNTS 3, 289 UNTS 48, UN Doc E/CONF.4/61, UN Regulation No. I-4214 OXIO (p. 10) and working methods. IMO`s budget is set separately from that of the United Nations and is only marginally linked to the UN budget.15 The challenge has been, and still is, to harmonize red tape, in particular to simplify the administrative burden on port authorities and facilitate the entry and exit of these ships from ports, thereby promoting efficient international trade.