IMO- International maritime organization

                                IMO

 

          INTERNATIONAL MARITIME ORGANIZATION

 
 

 
                                                         ABOUT IMO
·         In 1948 an international conference in Geneva adopted a convention formally

          establishing IMO (the original name was the Inter-Governmental Maritime     

          Consultative Organization, or IMCO, but the name was changed in 1982 to IMO).
·         The IMO Convention entered into force in 1958.
·         IMO's first task was to adopt a new version of the International Convention for the

          Safety of Life at Sea (SOLAS), the most important of all treaties dealing with 

          maritime safety. This was achieved in 1960.
·         Work as a specialized agency of the United Nations.
·         IMO is responsible for the safety and security of shipping and the prevention of 

          marine and atmospheric pollution by ships.
 
                                               WHY IMO WAS REQUIRED
·         It has always been recognized that the best way of improving safety at sea is by 

         developing international regulations that are followed by all shipping nations.
·        Shipping is a truly international industry, and it can only operate effectively if the 

          regulations and standards are themselves agreed, adopted and implemented on an 

          international basis. And IMO is the forum at which this process takes place.
 
 
                                                       ROLE OF IMO
·         IMO main role is to create a regulatory framework for the shipping industry that is fair 

and effective, universally adopted and universally implemented.
·         IMO cover all aspects of international shipping – including ship design, construction, equipment, manning, operation and disposal – to ensure that Maritime sector remains safe, environmentally sound, energy efficient and secure.
·         As part of the United Nations family, IMO is actively working towards the 2030 Agenda for Sustainable Development and the associated SDGs ( Sustainable Development Goals ).
 
 
 
 
                            Sustainable Development Goals (SDGs)

 
·         September 2015, the UN’s 193 Member States adopted the 2030 Agenda for Sustainable Development, including the 17 Sustainable Development Goals (SDGs).
·         The SDGs apply to all countries and, by adopting the Agenda,Member States have committed,during the period up to 2030.
·         To mobilizing efforts to end all forms of poverty, fihting inequalities and tackling climate change, while ensuring that no one is left behind.
·         Three dimensions of sustainable development: social, economic and environmental.
·         List of all 17 sustainable development goals.
Ø  NOS 1: NO POVERTY - End poverty in all its forms everywhere
Ø  NOS 2: ZERO HUNGER -End hunger, achieve food security and improved nutrition and promote sustainable agriculture
Ø  NOS 3: GOOD HEALTH & WELL-BEING - Ensure healthy lives and promote well-being for all at all ages
Ø  NOS 4: QUALITY EDUCATION - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all
Ø  NOS 5: GENDER EQUALITY - Achieve gender equality and empower all women and girls
Ø  NOS 6: CLEAN WATER & SANITATION - Ensure access to water and sanitation for all
Ø  NOS 7: AFFORDABLE AND CLEAN ENERGY - Ensure access to affordable, reliable, sustainable and modern energy for all
Ø  NOS 8: DECENT WORK & ECONOMIC GROWTH - Promote inclusive and sustainable economic growth, full and productive employment and decent work for all
Ø  NOS 9: INDUSTRY , INNOVATION & INFRASTRUCTURE -Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation
Ø  NOS10: REDUCED INEQUALITIES - Reduce inequality within and among countries
Ø  NOS11: SUSTAINABLE CITIES & COMMUNITIES - Make cities and human settlements inclusive, safe, resilient and sustainable
Ø  NOS12: RESPONSIBLE CONSUMPTION & PRODUCTION - Ensure sustainable consumption and production patterns
Ø  NOS13: CLIMATE ACTION - Take urgent action to combat climate change and its impacts
Ø  NOS14: LIFE BELOW WATER - Conserve and sustainably use the oceans, seas and marine resources for sustainable development
Ø  NOS15: LIFE ON LAND - Sustainably manage forests, combat desertification, halt and reverse land degradation, halt biodiversity loss
Ø  NOS16: PEACE , JUSTICE & STRONG INSTITUTIONS- Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
Ø  NOS17: PARTNERSHIPS FOR THE GOALS - Strengthen the means of implementation and revitalize the global partnership for sustainable development
 
 
 


 
 


 
                                                     IMO MEMBERSHIP
 
 
·         MEMBER STATES : IMO currently has 174 Member States and three Associate Members.
 
·         NON GOVERNMENTAL ORGANIZATION ( NGOs) : Non-governmental international organizations that have the capability to make a substantial contribution to the work of IMO may be granted consultative status by the Council with the approval of the Assembly.
Ø  Presently IMO working with 80 NGOs.
Ø  EX OF NGOs
BIMCO -Baltic and International Maritime Council
IACS - International Association of Classification Societies
ICS - International Chamber of Shipping
IMPA -International Maritime Pilots' Associatio
ITF - International Transport Workers’ Federation
OCIMF -Oil Companies International Marine Forum.
 
·         INTERGOVERNMENTAL ORGNIZATIONS (IGOs): IMO may enter into agreements of cooperation with other intergovernmental organizations on matters of common interest with a view to ensuring maximum co​ordination in respect of such matters
Ø  Presently IMO working with 63 IGOs.
Ø  EX OF IGOs
Paris MOU - ​Paris Memorandum of Understanding on Port State Control.
Tokyo MOU - Memorandum of Understanding on Port State Control in the Asia-Pacific Region.
UNWTO - World Tourism Organization.
ISA - ​International Seabed Authority
IOPC Supp fund - International Oil Pollution Compensation Supplementary Fund.
 
 
 
 
 
 
                                                   STRUCTURE OF IMO
 
·         Assembly
 
Ø  Highest Governing Body of the Organization consists of all Member States.
Ø  Meets once every two years in regular sessions, but may also meet in an extraordinary session if necessary.
Ø  The Assembly is responsible for approving the work programme, voting the budget and determining the financial arrangements of the Organization.
 
·         Council
 
Ø  Council is elected by the Assembly for two-year terms beginning after each regular session of the Assembly.
Ø  Council is supervising the work of the Organization.
Ø  Between sessions of the Assembly the Council performs all the functions of the Assembly, except the function of making recommendations to Governments on maritime safety and pollution prevention which is reserved for the Assembly.
Ø  Consider the draft work programme and budget estimates of the Organization and submit them to the Assembly.
Ø  Receive reports and proposals of the Committees and other organs and submit them to the Assembly and Member States.
Ø  Appoint the Secretary-General, subject to the approval of the Assembly.
               
       Council members for the 2020-2021 biennium
Ø  Category (a) 10 States with the largest interest in providing international shipping service:China, Greece, Italy, Japan, Norway, Panama, Republic of Korea, Russian Federation, United Kingdom, United States.
 
Ø  Category (b) 10 States with the largest interest in international seaborne trade:Argentina, Australia, Brazil, Canada, France, Germany, India, the Netherlands, Spain and the United Arab Emirates.
 
Ø  Category (c) 20 States not elected under (a) or (b) above, which have special interests in maritime transport or navigation and whose election to the Council will ensure the representation of all major geographic areas of the world:Bahamas, Belgium, Chile, Cyprus, Denmark, Egypt, Indonesia, Jamaica, Kenya, Kuwait, Malaysia, Malta, Mexico, Morocco, Peru, the Philippines, Singapore, South Africa, Thailand and Turkey.
 
·         Committee ( TOTAL 5 NOS )
Ø  Maritime Safety Committee (MSC)
Ø  The Marine Environment Protection Committee (MEPC)
Ø  Legal Committee
Ø  Technical Cooperation Committee
Ø  Facilitation Committee
 
·         Sub-Committee ( TOTAL 7 NOS )
Ø  The MSC and MEPC are assisted in their work by a number of sub-committees which are also open to all Member States.
                    Sub-Committee on Human Element, Training and Watchkeeping (HTW);
                    Sub-Committee on Implementation of IMO Instruments (III);
                    Sub-Committee on Navigation, Communications and Search and Rescue (NCSR);
                    Sub-Committee on Pollution Prevention and Response (PPR);
                    Sub-Committee on Ship Design and Construction (SDC);
                    Sub-Committee on Ship Systems and Equipment (SSE); and
                    Sub-Committee on Carriage of Cargoes and Containers (CCC).
v    Secretariat
Ø  The Secretariat of IMO consists of the Secretary-General and some 300 international personnel based at the headquarters of the Organization in London.
                   
v  LIST OF SECRETARY GENERAL OF IMO .
                    Ove Nielsen (Denmark)-1959-1961​
                    William Graham (United Kingdom, Acting)-1961-1963
                    ​Jean Roullier (France)-1964-1967
​                    Colin Goad (United Kingdom)-1968-1973
​                    Chandrika Prasad Srivastava (India)-1974-1989
​                    William A. O'Neil (Canada)-​1990-2003
                    ​Efthimios E. Mitropoulos (Greece)-​2004-2011
​                    Koji Sekimizu (Japan)-2012-2015​
​                    Kitack Lim (Republic of Korea)- 2016-At Present ( for an initial four-year term ).
 
                                          CONVENTION  & AMMENDMENTS
   
v  By the time IMO came into existence in 1958, several important international conventions had already been developed, including the International Convention for the Safety of Life at Sea of 1948, the International Convention for the Prevention of Pollution of the Sea by Oil of 1954 and treaties dealing with load lines and the prevention of collisions at sea.
v  IMO was made responsible for ensuring that the majority of these conventions were kept up to date. 
v  It was also given the task of developing new conventions as and when needed.
  
·         ADOPTING A CONVENTION
Ø  This is the part of the process with which IMO as an Organization is most closely involved.
Ø  IMO has six main bodies concerned with the adoption or implementation of conventions.
Ø  Assembly and Council are the main organs
Ø  committees involved are the Maritime Safety Committee, Marine Environment Protection Committee, Legal Committee and the Facilitation Committee.
Ø  Developments in shipping and other related industries are discussed by Member States in these bodies, and the need for a new convention or amendments to existing conventions can be raised in any of them.
Ø  The adoption of a convention marks the conclusion of only the first stage of a long process.
 
·         ENTRY IN TO FORCE : Signature, ratification, acceptance, approval and accession
   
Ø  Signature
            Consent may be expressed by signature where:
·         the treaty provides that signature shall have that effect;
·         it is otherwise established that the negotiating States were agreed that signature should have that effect;
·         the intention of the State to give that effect to signature appears from the full powers of its               representatives or was expressed during the negotiations (Vienna Convention on the Law of Treaties, 1969, Article 12.1).
·         A State may also sign a treaty "subject to ratification, acceptance or approval".  In such a situation, signature does not signify the consent of a State to be bound by the treaty, although it does oblige the State to refrain from acts which would defeat the object and purpose of the treaty until such time as it has made its intention clear not to become a party to the treaty (Vienna Convention on the Law of Treaties, Article 18(a)).
 
Ø  Signature subject to ratification, acceptance or approval
 
·         Most multilateral treaties contain a clause providing that a State may express its consent to be bound by the instrument by signature subject to ratification.
·         In such a situation, signature alone will not suffice to bind the State, but must be followed up by the deposit of an instrument of ratification with the depositary of the treaty.
·         This option of expressing consent to be bound by signature subject to ratification, acceptance or approval originated in an era when international communications were not instantaneous, as they are today.
·         It was a means of ensuring that a State representative did not exceed their powers or instructions with regard to the making of a particular treaty. The words "acceptance" and "approval" basically mean the same as ratification, but they are less formal and non-technical and might be preferred by some States which might have constitutional difficulties with the term ratification.
·         Many States nowadays choose this option, especially in relation to multinational treaties, as it provides them with an opportunity to ensure that any necessary legislation is enacted and other constitutional requirements fulfilled before entering into treaty commitments.
·         The terms for consent to be expressed by signature subject to acceptance or approval are very similar to ratification in their effect.  This is borne out by Article 14.2 of the Vienna Convention on the Law of Treaties which provides that "the consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification."
 
Ø  Accession
·         Most multinational treaties are open for signature for a specified period of time. Accession is the method used by a State to become a party to a treaty which it did not sign whilst the treaty was open for signature.
·         Technically, accession requires the State in question to deposit an instrument of accession with the depositary. Article 15 of the Vienna Convention on the Law of Treaties provides that consent by accession is possible where the treaty so provides, or where it is otherwise established that the negotiating States were agreed or subsequently agreed that consent by accession could occur.
 
Ø  Amendment
 
·         In early conventions, amendments came into force only after a percentage of Contracting States, usually two thirds, had accepted them. This normally meant that more acceptances were required to amend a convention than were originally required to bring it into force in the first place, especially where the number of States which are Parties to a convention is very large.
·         This percentage requirement in practice led to long delays in bringing amendments into force. To remedy the situation a new amendment procedure was devised in IMO. This procedure has been used in the case of conventions such as the Convention on the International Regulations for Preventing Collisions at Sea, 1972, the International Convention for the Prevention of Pollution from Ships, 1973 and SOLAS 1974, all of which incorporate a procedure involving the "tacit acceptance" of amendments by States.
 
 
Ø  Tacit acceptance for ammendment to convention
 
·         Instead of requiring that an amendment shall enter into force after being accepted by, for example, two thirds of the Parties, the “tacit acceptance” procedure provides that an amendment shall enter into force at a particular time unless before that date, objections to the amendment are received from a specified number of Parties.
·         In the case of the 1974 SOLAS Convention, an amendment to most of the Annexes (which constitute the technical parts of the Convention) is `deemed to have been accepted at the end of two years from the date on which it is communicated to Contracting Governments...' unless the amendment is objected to by more than one third of Contracting Governments, or Contracting Governments owning not less than 50 per cent of the world's gross merchant tonnage. This period may be varied by the Maritime Safety Committee with a minimum limit of one year.
·         As was expected the "tacit acceptance" procedure has greatly speeded up the amendment process.  Amendments enter into force within 18 to 24 months, generally  Compared to this, none of the amendments adopted to the 1960 SOLAS Convention between 1966 and 1973 received sufficient acceptances to satisfy the requirements for entry into force.
 
                                         Enforcement of IMO convention

 
·         The enforcement of IMO conventions depends upon the Governments of Member Parties.
·         Contracting Governments enforce the provisions of IMO conventions as far as their own ships are concerned and also set the penalties for infringements, where these are applicable.
·         They may also have certain limited powers in respect of the ships of other Governments.
   IMO conventions
·         The majority of conventions adopted under the auspices of IMO or for which the Organization is otherwise responsible, fall into three main categories.
Ø  The first group is concerned with maritime safety.
Ø  The second with the prevention of marine pollution.
Ø  The third with liability and compensation, especially in relation to damage caused by pollution. 
 
·         Outside these major groupings are a number of other conventions dealing with facilitation, tonnage measurement, unlawful acts against shipping and salvage, etc.​