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

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):  
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):  
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.


Author(s):  
Holthus Paul

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.


Author(s):  
Ehlers Peter

This chapter focuses on the work of the Intergovernmental Oceanographic Commission (IOC), a separate unit of UNESCO, in respect to global ocean governance. The functions of IOC are part of the system of ocean governance, based on 1982 United Nations Convention on the Law of the Sea (UNCLOS). Its purpose is to promote international cooperation and to coordinate programmes in research, services and capacity building, in order to learn more about the nature and resources of the ocean and coastal areas and to apply that knowledge for the improvement of management, sustainable development, the protection of the marine environment, and the decision-making processes of its Member States. The chapter first provides an overview of IOC’s purpose and organisational structure, its collaboration with international organizations with regard to ocean governance, and its ocean governance-related activities before discussing the ways in which it contributes to capacity building and enhancing ocean governance.


2014 ◽  
Vol 15 (5) ◽  
pp. 883-906 ◽  
Author(s):  
Jane Reichel

One of the reasons for introducing a “Union” citizenship in the 1993 Maastricht Treaty was to provide a direct channel between the citizens of the Member States and the EU. In contrast to many other international organizations, the role of the individual has been central to the European project since its inception. In its famous 1962 judgment given inVan Gend en Loos,1 the Court of Justice of the European Union (CJEU) underscored the importance of the “vigilance of individuals concerned” seeking to protect their European rights in the new legal order through judicial control.2 The right to directly vote on the representatives of the European Parliament had already been introduced in the 1970s. The citizens of the Member States were thus equipped with two classic forms of political participation even prior to the introduction of Union citizenship: law making and the legal adjudication of individual cases. Nonetheless, whether these channels are sufficient to guarantee the citizens effective democratic means to influence legislation and exercise control of EU institutions in the rather complex multilevel legal system of the EU has been continuously debated.


Author(s):  
Jan Klabbers

This chapter examines the role of international organizations in promoting community interests. It describes ways in which international organizations contribute to formulating, maintaining, and enhancing community interests. Organizations can contribute to the community interest by serving as a platform for its formulation; through coercion of member states or others; by developing ideas and consensus concerning the community interest; and by relying on the ideology of functionalism. The notion of community interest does not exist in isolation from particular projects, and by definition assumes someone pouring meaning into it. Although this might seem a bad thing, it is not necessarily so. The term ideology is best seen as a methodological device for exposing aspects of reality that otherwise would remain hidden. The point is to recognize international organizations for what they are: Someone’s political project, dressed up in terms of the community interest and operated by the ideology of functionalist thought.


Author(s):  
Goettsche-Wanli Gabriele

This chapter examines the role of the United Nations and its related institutions for global ocean governance, including those established by the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). It first considers the main issues that these institutions have addressed, ranging from sustainable fisheries, via ecosystem protection, to marine biodiversity conservation; and more recently, maritime security. It then argues that the impacts of climate change have arguably not been directly addressed by either the global ocean governance regime, as it is currently constituted, nor by the climate change regime, at least until recent developments through the 2015 Paris Agreement relating to adaptation and mitigation measures in direct response to sea-level rise and the effects of ocean acidification. The chapter proceeds by discussing UNCLOS and its related legal instruments, UN Conferences and Summit on sustainable development, and the role played by the UN General Assembly (UNGA) in global ocean governance.


This chapter discusses the role of the United Nations World Tourism Organization (UNWTO) in global ocean governance. The UNWTO is a specialized agency of the United Nations that serves as a global forum for tourism policy issues and helps to ensure that Member States, tourist destinations and the business community maximize the positive economic, social and cultural effects of tourism and fully reap its benefits, while minimizing its negative social and environmental impacts. It has three primary objectives: to promote safe and seamless travel, enhance the role of technology in tourism, and link growth and sustainability and promote tourism as a tool for development. After providing a general overview of the UNWTO’s aims, structure and governance, and membership, the chapter examines its work with respect to ocean governance and sea-related tourism, along with the ways in which it promotes sustainable development of tourism.


Author(s):  
Vella Karmenu

This chapter focuses on the fifty actions proposed by the European Commission and its High Representative for Foreign Affairs and Security Policy in three priority areas to ensure safe, secure, clean and sustainably managed oceans: improving the international ocean governance framework; reducing pressure on oceans and seas and creating the conditions for a sustainable blue economy; and strengthening international ocean research and data. It also considers a number of policy proposals put forward by the EU with a view to improving the international ocean governance framework. Finally, it discusses the role of the EU in shaping international ocean governance on the basis of its experience in developing a sustainable approach to ocean management, notably through its environment policy, integrated maritime policy, reformed common fisheries policy, and its maritime transport policy.


Author(s):  
Golitsyn Vladimir

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.


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