1 The IMO and Global Ocean Governance: Past, Present, and Future

2018 ◽  
Author(s):  
Balkin Rosalie P
Keyword(s):  
Global Ocean ◽  
Soft Law ◽  
Member States ◽  
Ocean Governance ◽  
Global Standards

This chapter shows how the 171 Member States and 3 Associate Members that make up the International Maritime Organization’s (IMO) membership have shown themselves to be focussed on promoting the twin goals of safe, secure, sound, and efficient shipping on clean oceans. This has been achieved in part through the establishment and maintenance of a web of regulations ranging from over 50 fully fledged multinational conventions to a host of other so-called ‘soft law’ instruments. More remarkably, most of the Organization’s main safety and environmental conventions cover over 90 per cent of the tonnage of the world’s commercial fleet. This underscores the significance attributed by the IMO and its membership to the need for global standards and practices. Doubtless, however, much effort still remains to be expended to ensure the global uniform application of these regulations.

12 The IMO: The Role of the Classification Societies in Promoting Global Ocean Governance

2018 ◽  
Author(s):  
Delgado Ismael Cobos
Keyword(s):  
International Organizations ◽  
International Association ◽  
Active Participation ◽  
International Maritime Organization ◽  
Global Ocean ◽  
Member States ◽  
Ocean Governance

This chapter discusses the role of classification societies in their capacity as recognized organizations (ROs) acting on behalf of maritime administrations to ensure that ships, old and new, meet their obligations under International Maritime Organization (IMO) regulations and standards. Another aspect of the role of classification societies is to ensure that ships are designed, constructed, and maintained in compliance with the standards set by the International Association of Classification Societies (IACS). The chapter helps to that the IMO acting alone cannot provide all the answers to all of the issues regarding ocean governance. After all, the Organization relies heavily on the active participation not only of its Member States but also on those intergovernmental international organizations (IGOs) and non-governmental international organizations (NGOs) that are affiliated to it. In many situations, they have the specialized expertise and experience required to ensure that whatever regulations are adopted by the IMO are practicable.

7 The IMO: Maritime Terrorism/Security and Global Ocean Governance

2018 ◽  
Author(s):  
de Boer Jan Engel
Keyword(s):  
Building Blocks ◽  
International Maritime Organization ◽  
Global Ocean ◽  
The Political ◽  
Political Will ◽  
Member States ◽  
Ocean Governance ◽  
Maritime Navigation ◽  
Port Facility

This chapter concentrates on the measures taken by the International Maritime Organization (IMO) to prevent acts of terrorism at sea. It looks in some detail at the legal jurisdictional framework put in place by the development and adoption of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) and its 2005 Protocols. The chapter also discusses the practical measures adopted by IMO through the International Ship and Port Facility Security (ISPS) Code aimed at improving security in ports and on ships. Finally, this chapter concludes that these measures, which are constantly under review by the relevant committees within the IMO, have put in place the necessary building blocks. What is now required is the political will on the part of IMO Member States by passing the necessary legislation or other administrative measures to implement satisfactorily these measures.

11 The IMO, the Audit Scheme, and Its Role in Global Ocean Governance

2018 ◽  
Author(s):  
Barchue Lawrence, Sr
Keyword(s):  
International Maritime Organization ◽  
Global Ocean ◽  
Member States ◽  
Ocean Governance ◽  
Voluntary Basis

This chapter explains the origins, aims and structure of the compulsory IMO Audit Scheme recently adopted in the International Maritime Organization (IMO). The Scheme was originally trialled in the IMO on a voluntary basis. The results of the trial, in which several IMO Member States offered themselves for audit, was so positive that any remaining opposition to compulsory audit was soon overcome. The aim of the audits is not to ‘name and shame’ countries which are found to be wanting in terms of compliance with their IMO treaty obligations. Rather, it was conceived as a tool that could assist Member States in identifying any shortcomings in their legal and administrative regimes and in suggesting what further actions need to be taken to overcome these deficiencies.

EU Soft Law in Domestic Legal Systems: Flexibility and Diversity Guaranteed?

2009 ◽  
Vol 16 (3) ◽  
pp. 271-290 ◽  
Author(s):  
Emilia Korkea-Aho
Keyword(s):  
Holistic Approach ◽  
Soft Law ◽  
New Governance ◽  
Member States ◽  
Regulatory Instruments ◽  
Modes Of Governance ◽  
Judicial Recognition ◽  
The Eu ◽  
New Modes Of Governance

New modes of governance are proliferating at all levels, most prominently in the EU. One main characteristic of new governance is adjustability and revisability in the form of soft law. The non-binding nature of soft law is said to contribute to flexibility and diversity in Member States and to secure national autonomy. However, this article argues that while soft law may not be legally binding, it nevertheless has legal effects that throw flexibility and diversity of national action into doubt. Beginning by demonstrating that soft law may have discernible effects on practices in Member States, at the same time restricting Member State choices, the article goes on to develop a categorisation of those effects and to document them in detail. These are: judicial recognition by the European courts, explicit terms of soft law instruments, which demand special types of national implementing measures, the role played by non-state actors, and hybrid forms of regulatory instruments comprising soft and hard law provisions. The analysis shows a need to add variety to existing research on EU soft law, which has traditionally focused on the role of the judiciary in giving legal effects to soft law. Instead, we should be more attentive to the other three factors when discussing soft law. Besides the more holistic approach, research should also analyse soft law in a more case-specific manner in order to fully grasp the implications of choice of soft law in a domestic legal system.

scholarly journals Indo-Pacific Maritime Cooperation: ASEAN Mechanisms on Security Towards Global Maritime Governance

2019 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Angel Damayanti
Keyword(s):  
International Law ◽  
Maritime Security ◽  
Global Ocean ◽  
Security Cooperation ◽  
Trading System ◽  
Common Concern ◽  
West Pacific Ocean ◽  
Ocean Governance ◽  
International Stability ◽  
The Common

The importance of the sea in the current era of globalization has called all countries for managing their interests at sea as well as their common concern collectively, cooperatively and inclusively. By looking at the notions of the sea as a medium of connectivity and sea as a resource coupled with its vulnerability particularly in Indian and Pacific Oceans, Indo-Pacific maritime cooperation towards global ocean governance accordingly are vital to the international stability, a successful of sea-based trading system and sustainability use of the oceans. Therefore this article discusses the rationale of Indo-Pacific Maritime Cooperation, which made possible by the common concern of countries that locate between the Indian and West Pacific ocean maritime, the vulnerabilities of the region and the existence of various ASEAN’s mechanisms on Maritime Security Cooperation as well as regional regime and international law. Nevertheless, ASEAN needs to note some issues relating to its consolidation as well as the internal challenges in the realization of global maritime governance.

Part V Regional Perspectives on Global Ocean Governance, 13 The Latin American Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Oyarce Ximena Hinrichs
Keyword(s):  
United Nations ◽  
Latin American ◽  
Dispute Settlement ◽  
Global Ocean ◽  
American Perspective ◽  
Ocean Governance ◽  
American States ◽  
American Interest ◽  
General Compliance ◽  
Acting In Concert

This chapter examines issues of global ocean governance from a Latin American perspective and how the region may contribute in assisting the United Nations to deal with ocean governance issues at a global level in the coming years. It begins with a discussion of the role played by several Latin American States acting in concert during the Third United Nations Conference on the Law of the Sea (UNCLOS III), 1973–1982 to make extended maritime jurisdiction claims. It then considers the main reasons for the Latin American interest in extending their maritime jurisdiction limits, in the form of fisheries, offshore hydrocarbon development, and shipping. It suggests that Latin America has a slightly patchy record of official adherence to UNCLOS, but paints a picture of general compliance by the continent with the normative regime established by the Convention, in particular for its dispute settlement regime.

Part II Commercial Aspects of the Marine Environment, 6 The Work of the International Monetary Fund and Its Possible Relevance to Global Ocean Governance

2018 ◽  
Author(s):  
Doussis Emmanuella
Keyword(s):  
International Monetary Fund ◽  
Technical Assistance ◽  
Institutional Development ◽  
Global Ocean ◽  
International Agencies ◽  
Ocean Governance ◽  
History Of ◽  
Decision Making Processes ◽  
The International Monetary Fund ◽  
The Imf

This chapter discusses the role of the International Monetary Fund (IMF) in global ocean governance. It first traces the history of the IMF, from its inception at Bretton Woods in 1944 to the late 1970s and beyond, and highlights the factors that have influenced its institutional development as well as its current institutional profile. It then describes the IMF’s membership, structure, main functions, and decision-making processes before analysing the possible input of the Fund to matters related to ocean governance. In particular, it considers the ways in which the IMF is involved in global ocean governance through its three main functions: economic surveillance, lending, and capacity building. Although the Fund has no direct relevance to global ocean governance, the chapter shows that the IMF may contribute to its improvement by providing technical assistance and policy advice, as well as a better interaction with other, more competent, international agencies.

Part V Regional Perspectives on Global Ocean Governance, 16 The Role of the World Ocean Council and the Ocean Business Community in Global Ocean Governance

2018 ◽  
Author(s):  
Holthus Paul
Keyword(s):  
Sustainable Development Goals ◽  
World Ocean ◽  
Institutional Development ◽  
Business Community ◽  
Global Ocean ◽  
The Sustainable Development ◽  
Ocean Governance ◽  
The World ◽  
Development Goals

This chapter discusses the role of the World Ocean Council (WOC) and the international ocean business community in global ocean governance (GOG). It first provides an overview of the institutional development and profile of the WOC before considering the work and role and work of the WOC on ocean governance with and for the ocean business community. It then examines the Sustainable Development Goals (SDGs) in relation to ocean business and the WOC, as well as the size, complexity trends in the ocean economy and ocean business community, which are fundamental to understanding their importance to GOG. It also analyses GOG issues relevant to the ocean business community and WOC that the United Nations and its associated bodies must address and concludes with an assessment of the role of the ocean business community and WOC in the future of the GOG agenda.

Part III Marine Biodiversity Conservation and Global Ocean Governance, 8 Marine Biodiversity of Areas Beyond National Jurisdiction: Securing a Sound Law of the Sea Instrument

2018 ◽  
Author(s):  
Millicay Fernanda
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Un General Assembly ◽  
United Nations Convention

This chapter examines the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). It first provides an overview of the Preparatory Committee (PrepCom), convened by the UN General Assembly to make recommendations on the elements for a possible future multilateral agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The material scope of the PrepCom is constituted by ‘the package’ agreed upon in 2011 and includes the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The chapter discusses the challenges of the package, focusing on two interlinked dimensions of the package plus the big issue that underlies it. It also considers two main tasks facing PrepCom: the first is to clearly identify all elements of each substantive set of issues composing the package, and the second task is to understand the implications of each element of these three substantive sets of issues and the inter-linkages between them.

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