scholarly journals Independent, Compulsory, and Centralized Verification of States’ Obligations in Fisheries: Can the IMO Audit Scheme for Shipping Law Be Used as an Example to Follow?

2020 ◽  
Vol 22 (3-4) ◽  
pp. 513-531
Author(s):  
Solène Guggisberg

Abstract Marine fisheries are in crisis. One of the causes of this problem is the inability or unwillingness of some states to abide by the international rules binding them. No comprehensive and compulsory mechanism exists to review states’ compliance with these obligations. This is in stark contrast with the shipping field, where International Maritime Organization (IMO) member states are regularly audited: the respect of their obligations as flag, coastal, and port states is assessed by external and professional auditors through a detailed procedure. Transposing at least some features of the IMO Audit Scheme, such as comprehensiveness, regularity, predictability, and centralization to the review of compliance with fisheries-related obligations would be highly desirable. While there may be challenges ahead – in particular when it comes to a mandatory scheme – there does not appear to be insurmountable issues to developing a comprehensive audit in the fisheries field.

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.


2019 ◽  
Vol 7 (9) ◽  
pp. 287 ◽  
Author(s):  
EunSu Lee ◽  
Amit J. Mokashi ◽  
Sang Young Moon ◽  
GeunSub Kim

The member states of International Maritime Organization (IMO) have been leading in and enforcing the use of automatic identification systems (AIS) in the analysis of ship-to-ship collisions, vessel monitoring, and maritime traffic management offshore. This study will help non-federal stakeholders understand the AIS data and contribute to future research by assessing difficulties and improving access to data and applications. This study introduces the basics of AIS materials, shared channels, and currently developed applications, and discusses areas where they can be incorporated in the future. The literature revealed that using AIS data will be beneficial to the public as well as to business and public agencies.


1995 ◽  
Vol 1995 (1) ◽  
pp. 779-782
Author(s):  
Kiyoshi Ohne

ABSTRACT To facilitate response activities of the International Maritime Organization (IMO) and its member states with respect to oil pollution in the Persian Gulf, the IMO Oil Pollution Co-ordination Centre (OPCC) was established in February 1991. During such operations and other relevant activities, it was recognized that databases on national contact points and the type of assistance member states could offer would be valuable and should be developed. In addition, the OPCC has developed other databases and utilized them when the OPCC responds to oil pollution emergencies and provides general advice concerning oil pollution preparedness and response to member states. These activities are related to some of the requirements assigned to IMO under the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (the OPRC Convention). The convention will enter into force on May 13, 1995.


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.


2020 ◽  
Vol 8 (2) ◽  
pp. 116 ◽  
Author(s):  
Adam Weintrit

The International Maritime Organization (IMO)’s Maritime Safety Committee (MSC), at its 101st session (5 to 14 June 2019), adopted Resolution MSC.467(101) on the guidance on the definition and harmonization of the format and structure of maritime services in the context of e-Navigation and agreed to consolidate the descriptions of maritime services and to consider them together with all involved international organizations and interested member states, in order to harmonize the provision and exchange of maritime information and data. In doing so, the MSC also approved the initial descriptions of maritime services in the context of e-Navigation (IMO MSC.1/Circ.1610), which had been prepared by the Sub-Committee on Navigation, Communications and Search and Rescue, at its sixth session (16 to 25 January 2019). The information contained in this paper constitutes the descriptions of two selected examples of maritime services, an initial contribution for the harmonization of the formats and structures of pilotage and tug services. The initial description of each of maritime services is expected to be next periodically updated, taking into account developments and related work on international harmonization.


2021 ◽  
Author(s):  
Sofia Peppa

The International Maritime Organization (IMO) plays a key role in the development and promotion of international standards for shipping ensuring their effective implementation through the member states. The ability to measure the performance of IMO member states in terms of implementation and enforcement of international legislation in maritime safety is critical. Here we discuss the benefits of the IMO Audit Scheme towards capacity-building and review the performance of flag states. An analysis and assessment of recent audit summary results is presented, demonstrating the contribution of the Audit Scheme towards better performance of member states. Finally, we will discuss areas for research, where additional actions/interventions could lead to future improvements in safeguarding global maritime safety.


2021 ◽  
pp. 194-216
Author(s):  
Daniel C. Thomas

This chapter uses extensive evidence from press reports to demonstrate how the breakdown of the community membership norm in late 2005 and the EU’s failure to re-converge on a new norm in later years enabled member states to engage in hard bargaining in pursuit of their enlargement preferences, all in stark contrast to the pattern in prior decades. In the Turkish case, hard bargaining among the member states has produced policy deadlock, as member states favourable to Turkish accession or unwilling for other reasons to antagonize Ankara keep the country’s candidacy alive while sceptical member states blocked progress towards accession. Meanwhile, the collapse of the EU’s liberal democracy norm and the rise of hard bargaining among member states made it impossible for Ukraine to be recognized as eligible for eventual membership despite domestic developments that would almost certainly have sufficed in earlier decades.


Pomorstvo ◽  
2020 ◽  
Vol 34 (1) ◽  
pp. 121-128
Author(s):  
Biserka Rukavina ◽  
Ana Panjako

This paper gives an overview of the legal regulations on reporting formalities for ships arriving in and/or departing from ports, both on international and EU level, as well as about the solutions in the Republic of Croatia. In particular, there are analyzed the achievements of the International Maritime Organization (IMO), which represent the base for further action. The European Union has recognized the importance of an efficient and harmonized procedure for ships arriving in and/or departing from ports by adopting a range of legal instruments aimed at reducing administrative barriers for ships arriving in and/or departing from European ports. This paper especially analyzes the solutions of Directive 2010/65/EU of the European Parliament and of the Council on the official application procedure on reporting formalities for ships arriving in and/or departing from the Member States ports and repealing Directive 2002/6/EC. It also analyses Regulation (EU) 2019/1239 of the European Parliament and of the Council on establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU. The reasons for the adoption of Regulation (EU) 2019/1239 shall be specifically explained. In the last part of the paper, the authors review the achievements of the Republic of Croatia in implementing measures for establishing a single national Window. By comparing the solutions contained in EU regulations and Croatian by-laws, the authors point to the existence of non-compliance and to the need for further action.


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