IMO

SY
• Organizations with maritime functions: UNO, IMO, ILO, ITF, WHO, CMI,
• (Outline of objectives and functions).
• UNCITRAL, UNCTAD, WTO (Outline of work relevant to maritime sector)
• IMO: Formation of IMO, organizational structure, role of various organs and
• committees and sub-committees, functions of IMO, is IMO an enforcing body?
• IMO Instruments: Conventions, Protocols, Codes, Recommendations, and
• Guidelines. (purpose and examples of each)
• IMO Conventions: List of IMO conventions. Development, adoption, conditions
• for coming into force, implementation, enforcement and amendments of
• conventions. Brief overview of all conventions except SOLAS, ILLC, MARPOL
• and STCW.
UN

• The United Nations is an intergovernmental organization that

aims to maintain international peace and security, develop
friendly relations among nations, achieve international
cooperation, and be a center for harmonizing the actions of
nations.

• 1945
IMO
• INTERNATIONAL MARITIME ORGANISATION-

• IT IS ONE OF THE 17 SPECIALISED AGENCIES OF THE UN.

• ITS HEAD QUARTERED AT LONDON IN UK.

• FORMED IN 1958

• IT REPORTS TO THE UN ECONOMIC AND SOCIAL COUNCIL ON ITS

ACTIVITIES.
IMO
• IMO IS BROUGHT INTO RELATIONSHIP WITH THE UN BY AN
AGREEMENT WITH IT UNDER ARTICLE 57 AND 63 OF THE UN
CHARTER.

• IT IS RESPONSIBLE FOR THE MEASURES TO IMPROVE THE SAFETY AND

SECURITY OF INTERNATIONAL SHIPPING.
IMO

• RESPONSIBLE TO PREVENT MARINE POLLUTION FROM SHIPS.

• INVOLVED IN LEGAL MATTERS.

Adopting a convention

• IMO has six main bodies concerned with the adoption or

implementation of conventions.

• An agreement between states covering particular matters,

especially one less formal than a treaty.

• The Assembly and Council are the main organs

Committees involved are the

• Maritime Safety Committee,

• Marine Environment Protection Committee,
• Legal Committee
• Facilitation Committee.

• 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.
Entry into force

• The adoption of a convention marks the conclusion of only the first

stage of the process.

• Before the convention comes into force - that is, before it becomes
binding upon Governments which have ratified it - it has to be
accepted formally by individual Governments.
Signature, ratification, acceptance,
approval and accession
• The terms signature, ratification, acceptance, approval and accession
refer to some of the methods by which a State can express its consent
to be bound by a treaty.
conv
• 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)).

sign
• 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
A
• When an offence occurs in international waters the responsibility for
imposing a penalty rests with the flag State.
• Should an offence occur within the jurisdiction of another State, that
State can either cause proceedings to be taken in accordance with its
own law or give details of the offence to the flag State so that the latter
can take appropriate action.
• IMO’s role is to create a level playing-field so that ship operators
cannot address their financial issues by simply cutting corners and
compromising on safety, security and environmental performance.
This approach also encourages innovation and efficiency.
• IMO measures cover all aspects of international shipping – including
ship design, construction, equipment, manning, operation and disposal
– to ensure that this vital sector for remains safe, environmentally
sound, energy efficient and secure.
• Energy efficiency,
• new technology and innovation,
• maritime education and training,
• maritime security,
• maritime traffic management
• And
• The development of the maritime infrastructure: the development and
implementation, through IMO, of global standards covering these and
other issues will underpin IMO's commitment to provide the
institutional framework necessary for a green and sustainable global
maritime transportation system.
ORGANISATIONAL STRUCTURE
1. ASSEMBLY(ALL MEMBER STATES)
2. COUNCIL(32 ELECTED MEMBERS)
3. MARITIME SAFETY COMMITTEE(MSC)
4. MARINE ENVIRONMENT PROTECTION COMMITTEE(MEPC).
5. LEGAL COMMITTEE.
6. TECHNICAL CO-OPERATION COMMITTEE
7. FACILITATION COMMITTEE.
A
• The Facilitation Committee (FAL) deals with matters related to
the facilitation of international maritime traffic, including the
arrival, stay and departure of ships, persons and cargo from
ports.
FUNCTIONS OF IMO
• TO PROVIDE MACHINERY FOR CO-OPERATION AMONG
GOVERNMENTS IN THE FIELD OF GOVERNMENT REGULATIONS.

• TO ENCOURAGE REMOVAL OF DISCRIMINATORY ACTION AND

UNNECESSARY RESTRICTIONS BY THE GOVERNMENT.

• TO PROVIDE FOR EXCHANGE OF INFORMATION AMONG

GOVERNMENTS ON MATTERS UNDER CONSIDERATION BY THE
ORGANISATION.
IMO
• IMO HAS NO ENFORCEMENT POWERS AND ENFORCEMENT
PERSONNEL

• FLAG STATE ADMINISTRATIONS ARE RESPONSIBLE FOR ENFORCING

IMO CONVENTION ON THEIR OWN SHIPS

• PORT STATE CONTROL CAN ACT AS BACK-UP TO THE FLAG STATE

CONTROL WHEN A SHIP IS IN A COUNTRY OTHER THAN FLAG STATE.
IMO INSTRUMENTS
• CONVENTIONS-

• A WRITTEN TREATY BETWEEN TWO OR MORE NATION STATES THAT IS

BINDING IN INTERNATIONAL LAW.

• MORE THAN 30 CONVENTIONS HAVE BEEN ADOPTED UNDER THE

AUSPICES OF IMO.

• EXAMPLE-SOLAS,COLREG,STCW.
IMO INSTRUMENTS
• PROTOCOL-
• AN INSTRUMENT THAT MAKES MAJOR AMENDMENT TO A
CONVENTION.

• EXAMPLE-MARPOL 1973 CONVENTION WAS MODIFIED BY 1978

PROTOCOL(HENCE MARPOL 73/78)

• SOLAS AND LOADLINE WERE AMENDED BY 1988 PROTOCOLS.

(HARMONISED SYSTEM)
IMO INSTRUMENTS
• CODES-
• THEY GENERALLY CONTAIN TECHNICAL REQUIREMENTS THAT ARE
TOO LENGTHY OR COMPLEX TO BE INCORPORATED IN A
CONVENTION.
• A CODE IS RELATIVELY EASY TO AMEND.
• SOME CODES ARE MANDATORY,SOME ARE RECOMMENDATORY
• .BC CODE WHICH WAS RECOMMENDATORY WAS MADE MANDATORY
ON 1ST JAN 2011(IMSBC) CODE.
IMO INSTRUMENTS
• RESOLUTION-

• THE FINAL DOCUMENT CONTAINING AN AGREEMENT ON SOME

MATTER BY IMO ASSEMBLY OR A MAIN IMO COMMITTEE.
• EXAMPLE-A.741(18).A FOR ASSEMBLY.MSC.104(73) MSC FOR
MARITIME SAFETY COMMITTEE.BRACKETED NUMBER BEING THE
SESSION NUMBER OF THE BODY.
IMO INSTRUMENTS
• RECOMMENDATIONS
• IS NON MANDATORY

• FLAG STATE MAY DECIDE TO MAKE COMPLIANCE WITH A PARTICULAR

RECOMMENDATION MANDATORY FOR SHIPS FLYING ITS FLAG .

• IT PROVIDES MORE SPECIFIC GUIDELINES THAN CONVENTION AND

PROTOCOLS.
IMO INSTRUMENTS
• RECOMMENDATIONS
• THEY MUST BE AGREED AT IMO BY ADOPTION OF A RESOLUTION.

• THEY ARE NOT SUBJECT TO RATIFICATION.

• OFFER GUIDANCE IN FRAMING NATIONAL REGULATION AND

REQUIREMENT.
• EXAMPLE- CODES,GUIDELINES OR RECOMMENDED PRACTICE.
 Intervention on the High Seas
• Under the terms of the 1969 Convention Relating to Intervention on
the High Seas, Contracting States are empowered to act against ships
of other countries which have been involved in an accident or have
been damaged on the high seas if there is a grave risk of oil pollution
occurring as a result.
• The way in which these powers may be used are very carefully
defined, and in most conventions the flag State is primarily
responsible for enforcing conventions as far as its own ships and their
personnel are concerned.

• The Organization itself has no powers to enforce conventions.

IMO
• IMO has been given the authority to vet the training, examination and
certification procedures of Contracting Parties to the International
Convention on Standards of Training, Certification and Watchkeeping
for Seafarers (STCW), 1978.

• This was one of the most important changes made in the 1995
amendments to the Convention which entered into force on 1 February
1997.
•
MSC
• (a) To provide machinery for co-operation among Governments in
the field of governmental regulation and practices relating to technical
matters of all kinds affecting shipping engaged in international trade,
and to encourage the general adoption of the highest practicable
standards in matters concerning maritime safety and efficiency of
navigation;
MSC
• (b) To encourage the removal of discriminatory action and
unnecessary restrictions by Governments affecting shipping engaged
in international trade so as to promote the availability of shipping
services to the commerce of the world without discrimination;
MSC
• To see that assistance and encouragement given by a Government for
the development of its national shipping and for purposes of security
does not in itself constitute discrimination, provided that such
assistance and encouragement is not based on measures designed to
restrict the freedom of shipping of all flags to take part in international
trade;
MSC
• (c) To provide for the consideration by the Organization of matters
concerning unfair restrictive practices by shipping concerns.

• (d) To provide for the consideration by the Organization of any

matters concerning shipping that may be referred to it by any organ or
specialized agency of the United Nations;
•
MSC
• (e) To provide for the exchange of information among Governments
on matters under consideration by the Organization.
ILO
• Geneva-- Switzerland

• The main aims of the ILO are to promote rights at work,

encourage decent employment opportunities, enhance social
protection and strengthen dialogue on work-related issues.
ILO
• The ILO aims to ensure that it serves the needs
of working women and men by bringing together governments,
employers and workers to set labour standards, develop
policies and devise programmes.

• ... It ensures that the views of the social partners are closely
reflected in ILO labour standards, policies and programmes.
ILO
• ILO standards on occupational safety and health provide
essential tools for governments, employers and workers to
establish such practices and provide for maximum safety at
work. ...
Conventions
• Conventions are international treaties and are instruments,
which create legally binding obligations on the countries that
ratify them.

•.
Recommendations
• Recommendations are non-binding and set out guidelines
orienting national policies and actions
ITF(INTERNATIONAL TRANSPORT
WORKERS FEDERATION) A

• The International Transport Workers' Federation (ITF) is an

international trade union federation of transport workers' unions.

• Any independent trade union with members in the transport industry

is eligible for membership of the ITF.
• Around 700 unions representing over 4.5 million transport workers
from some 150 countries are members of the ITF
ITF(INTERNATIONAL TRANSPORT
WORKERS FEDERATION)
• OBJECTIVE.
• to promote respect for trade union and human rights worldwide
• to work for peace based on social justice and economic progress
• to help its affiliated unions defend the interests of their members
• to provide research and information services to its affiliates
• to provide general assistance to transport workers in difficulty
ITF
• Although the range of ITF activities is very wide, they can be best
summed up under three key headings:
• representation
• information
• practical solidarity
ITF(INTERNATIONAL TRANSPORT
WORKERS FEDERATION)

• The ITF represents the interests of transport workers' unions

in bodies which take decisions affecting jobs, employment
conditions or safety in the transport industry, such as the
International Labour Organisation (ILO), the International
Maritime Organisation (IMO) and the International Civil
Aviation Organisation (ICAO).
WHO
• The World Health Organization is a specialized agency of the
United Nations responsible for international public health.
• The WHO Constitution, which establishes the agency's
governing structure and principles, states its main objective as
"the attainment by all peoples of the highest possible level of
health".
• Headquarters: Geneva, Switzerland
• Founded: 7 April 1948
 WHO
• ARTICLE -28,36,37,39 PARTICULARLY CONCERNS SHIPS AND
SEAFARERS.

• SHIP SANITATION CONTROL AND SHIP SANITATION CONTROL

EXEMPTION CERTIFICATES ARE ISSUED.
WHO DEF
• Black water-- Waste from toilets, urinals, medical sinks, and other
similar facilities.
Potable water
• Fresh water that is intended for drinking, washing, bathing, or
showering; for use in fresh water recreational water environments;
for use in the vessel’s hospital; for handling, preparing, or cooking
food; and for cleaning food storage and preparation areas, utensils,
and equipment.
WHO DEF
• Potable water, as defined by the WHO Guidelines for Drinking-water
Quality 2004 does not represent any significant risk to health over a
lifetime of consumption, including different sensitivities that may
occur between life stages.

• Potable water tanks-- All tanks in which potable water is stored from
bunkers.
Grey water A
• All water including drainage from galleys, dishwashers, showers,
laundries, and bath and washbasin drains.

• It does not include black water or bilge water from the machinery
spaces.
CMI
• The name of this organization is the “Comité Maritime
International.”
• It is a non-governmental not-for-profit international
organization established in Antwerp in 1897, the object of
which is to contribute by all appropriate means and activities
to the unification of maritime law in all its aspects.
• To this end it shall promote the establishment of national
associations of maritime law and shall co-operate with other
international organizations.
• International Convention for the Unification of Certain Rules of
Law relating to Assistance and Salvage at Sea, 1910;

• Convention for the Unification of Certain Rules of Law with

respect to Collisions between Vessels, 1910;
CMI
• International Convention for the Unification of Certain Rules of
Law relating to Bills of Lading, 1924 (Hague Rules) and its 1968
and 1979 Protocols (Hague-Visby Rules);

• International Convention for the Unification of Certain Rules of

Law relating to Maritime Liens and Mortgages, 1926;

• International Convention relating to the Arrest of Sea-Going

Ships, 1952;
• International Convention on Civil Liability for Oil Pollution
Damage, 1969;

• Athens Convention on Carriage of Passengers and their

Luggage by Sea, 1974;

• Convention on Limitation of Liability for Maritime Claims, 1976;

• International Convention on Salvage, 1989;
.
• United Nations Convention on Contracts for the International
Carriage of Goods Wholly or Partly by Sea, 2008 (Rotterdam
Rules);

• The members of the Comite are the national maritime law

associations, the number of which currently is more than 50.
WTO

• The World Trade Organization (WTO) is the only global international

organization dealing with the rules of trade between nations.

• At its heart are the WTO agreements, negotiated and signed by the
bulk of the world’s trading nations and ratified in their parliaments.

•
WTO
• The goal is to ensure that trade flows as smoothly, predictably and
freely as possible.

• The WTO has over 160 members representing 98 per cent of world
trade.
Convention
• an agreement between states covering particular matters,
especially one less formal than a treaty.
International Conventions
• International Convention for the Safety of Life at Sea (SOLAS, 1974,
as amended.
International Conventions
• International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 relating thereto and by the
Protocol of 1997 (MARPOL)
International Conventions
• International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers ( STCW) as amended, including the 1995
and 2010 Manila Amendments
Other conventions relating to maritime
safety and security and ship/port interface
• Convention on the International Regulations for Preventing Collisions
at Sea (COLREG), 1972

• International Convention on Load Lines(LL), 1966

Convention on Facilitation of International
Maritime Traffic (FAL), 1965

• Adoption: 9 April 1965; Entry into force: 5 March 1967

• The Convention's main objectives are to prevent unnecessary

delays in maritime traffic, to aid co-operation between
Governments, and to secure the highest practicable degree of
uniformity in formalities and other procedures.
Other conventions relating to maritime
safety and security and ship/port interface
• International Convention on Maritime Search and Rescue(SAR), 1979

• Convention for the

Suppression of Unlawful Acts Against the Safety of Maritime Navigati
on
(SUA), 1988,
• and Protocol for the Suppression of Unlawful Acts Against the Safety
of Fixed Platforms located on the Continental Shelf (and the 2005
Protocols)
• International Convention for Safe Containers (CSC), 1972

• Convention on the International Maritime Satellite Organization (

IMSO C), 1976
Other conventions relating to maritime
safety and security and ship/port interface
• The Torremolinos International Convention for the
Safety of Fishing Vessels (SFV), 1977,

• superseded by the The 1993 Torremolinos Protocol;

• Cape Town Agreement of 2012 on the Implementation of the

Provisions of the 1993 Protocol relating to the Torremolinos
International Convention for the Safety of Fishing Vessels
• International Convention on
Standards of Training, Certification and Watchkeeping for Fishing Ves
sel Personnel
(STCW-F), 1995

• Special Trade Passenger Ships Agreement (STP), 1971 and

• Protocol on Space Requirements for Special Trade Passenger Ships,

1973