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

Author(s):  
de Boer Jan Engel

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.

Author(s):  
Delgado Ismael Cobos

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.


Author(s):  
Barchue Lawrence, Sr

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.


2016 ◽  
Vol 65 (2) ◽  
pp. 493-514 ◽  
Author(s):  
Lavanya Rajamani

AbstractThe 2015 Paris Agreement represents a historic achievement in multilateral diplomacy. After years of deeply discordant negotiations, Parties harnessed the political will necessary to arrive at a climate change agreement that strikes a careful balance between ambition and differentiation. The Paris Agreement contains aspirational goals, binding obligations of conduct in relation to mitigation, a rigorous system of oversight, and a nuanced form of differentiation between developed and developing countries. This article will explore the key building blocks of the Paris Agreement—ambition and differentiation—with an eye to mining the text of the Agreement for its interpretative possibilities and underlying politics.


2014 ◽  
Vol 7 (1) ◽  
pp. 123-147 ◽  
Author(s):  
Ademola Abass

Abstract The African Union (au)’s role in the Libyan crisis drew opprobrium from many observers. To some, the Union’s response to the Libyan debacle – which was no response in terms of military engagement – came as no surprise. Gaddafi was one of the biggest funders of the continental organization. For others, the au’s poor showing is confirmatory that African regional organizations may have the legal competence to take enforcement action against erring Member States but they have neither the resources nor the political will required to effectuate such measures. While these factors count in any reckoning of the au’s handling of the Libyan crisis, this author argues that most analysts fail to account for the bewildering legal complexities the Union found itself in Libya. A closer look at the majority of existing analyses of the au’s response to the Libyan crisis reveals a widely unbalanced picture painted mostly by the legal analysts’ account of the organization performance and by the au’s evaluation of its own performance. The consequence of either approach is often too lopsided to inform a prudent outcome.


Author(s):  
Chircop Aldo

This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.


Author(s):  
Purnell Karen

This chapter evaluates the effectiveness of measures taken by the International Maritime Organization (IMO) to promote global governance of the ocean. These views are based upon the International Tanker Owners Pollution Federation’s (ITOPF) experience of having attended major oil and HNS incidents worldwide. The evaluation also takes into account the educational and outreach activities that the ITOPF has undertaken in conjunction with the IMO and several of the partners with whom the IMO works. The approach taken has been to consider, primarily, the measures in terms of the conventions that are in place governing Preparedness and Compensation and to highlight where measures appear to be working effectively as well as where there are obstacles. The ITOPF’s role does not extend to measures taken to prevent incidents occurring. Other conventions are mentioned briefly insofar as they have relevance to the work of the ITOPF.


Author(s):  
Balkin Rosalie P

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.


Author(s):  
Hesse Hartmut Guenther

This chapter examines the measures taken by the International Maritime Organization (IMO) to address the issue of piracy and armed robbery, which present a serious threat to the safety of navigation and consequently to the safety of life at sea and to the marine environment. It describes a number of projects which are being implemented in and the guidance material developed by the IMO for the various affected regions. As this chapter shows, piracy and armed robbery are regional phenomena and consequently different approaches are required for different regions. Moreover, where acts of armed robbery take place in the internal waters or territorial seas of a State, this is not an issue for the international community. Rather, it is up to that State to take action or to invite action from the international community if it wishes to do so.


Author(s):  
Blanco-Bazan Agustin

This chapter explains the main features of the interface between the UN Convention on the Law of the Sea (UNCLOS) and International Maritime Organization (IMO) regulations. Since its adoption the UNCLOS, and in particular its jurisdictional principles, has remained a reference point for much of the IMO’s work. The chapter suggests that greater use could be made by flag and coastal administrations of the powers afforded them under UNCLOS and IMO treaties to ensure that the high seas do not become a ‘dustbin’ for the spill of polluting substances from ships. Flag states have the power to investigate incidents on the high seas involving its ships. Likewise, coastal states have the power in certain defined circumstances to intercept foreign vessels in their exclusive economic zones (EEZs) and territorial seas, as well as to undertake physical inspection and to detain such vessels.


Author(s):  
Sema Bölükbaş

The fragmented structure of Muslim countries and the lack of political will to solve their problems with a real collaboration prevent Muslim societies to form an active union. Although most of the documents of OIC are in line with the universal human right principles and there is some organs within the organization to carry out the decisions, the deep clash of interests between the Muslim countries and the fact that the implementation of the provisions in these documents are up to the member countries' initiatives and there is no sanction about the implementation of these provisions are the main reasons of the failure and ineffectiveness of the organization. As the organization is unable to protect even the basic human rights of the Muslims in the member states, inefficacy about social policies, except for some humanitarian aids, is not surprising. As all of the intellectuals agree, the political will should be consolidated among member states, lack of which seems to be the main reason behind the organization's failure.


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