Some recent regulatory developments in IMO for which there are corresponding requirements in the United Nations convention on the law of the sea. A challenge to be met by the states parties?

Abstract

The paper highlights current developments within the International Maritime Organisation and elsewhere in the UN system on a number of issues on which corresponding requirements may be found in the United Nations Convention on the Law of the Sea, 1982, at the same time questioning as to whether Parties to the latter fully realise that they have an obligation under several articles of the convention to adopt laws and regulations which “shall at least have the same effect as that of generally accepted rules and standards established through the competent international organisation or general diplomatic conference”. The first issue highlighted in the paper, is the action taken by IMO to extend Port State Control to operational requirements under the SOLAS 1974 and Marpol 73/78 Conventions, together with the steps taken to clarify and consolidate Port State Control procedures as contained in IMO Assembly resolution A.787(19) adopted in November 1995. The second issue highlighted, concerns current consideration, in particular within IMO and the 1972 London Convention, relating to Article 208 of the UN Convention that calls for the establishment, inter alia, of global rules, etc, to prevent, reduce and control pollution arising from sea-bed activities subject to national jurisdiction. Thirdly, the paper refers to the Washington Declaration and Global Programme of Action adopted by the Intergovernmental Conference convened by UNEP in Washington DC in October/November 1995, particularly the intention of government representatives present at the conference to develop a global, legally binding instrument in respect of persistent organic pollutants identified in decision 18/32 of the Governing Council of UNEP, this being relevant to Article 207(4) of the UN Convention relating to land-based sources of marine pollution.