International Maritime Organization Convention Research Articles

Treaties Establishing ICAO And IMO – A Comparative Study

The comparison between air law and maritime law reveals both similarities and distinctions rooted in the unique frameworks of the International Civil Aviation Organization (ICAO) and The International Maritime Organization (IMO). While both entities were established through separate treaties, the Chicago Convention birthed ICAO, emphasizing the organization’s Assembly, Council, and auxiliary bodies. In contrast, the IMO Convention, also known as the Convention on the International Maritime Organization, forms the basis for IMO’s structure and functions as outlined in its preamble. The core objectives of IMO revolve around fostering collaboration among governments to enhance regulatory frameworks for international maritime trade. This encompasses advocating for elevated standards in maritime safety, navigation efficiency, and marine pollution prevention. Similarly, ICAO aims to establish principles and techniques for air navigation, promoting safe, regular, economical, and efficient air transport. The Chicago Convention primarily focuses on regulating international civil aviation, ensuring its orderly development and safety through defined principles and procedures, including standards for airspace sovereignty, aircraft registration, airworthiness, and aviation security. Conversely, the IMO Convention tackles various aspects of international maritime transportation, spanning safety, security, environmental protection, and shipping efficiency. Despite being specialized agencies of the United Nations, both ICAO and IMO face the challenge of accommodating diverse interests and viewpoints of their member states without the autonomy enjoyed by the private sector. Nonetheless, both organizations have consistently served the international community in facilitating world trade and commerce within their respective domains. This article discusses details of comparison and contrasts between ICAO, IMO, and air law and maritime law in their treaty settings.

The prevalence of potential pathogens in ballast water and sediments of oceangoing vessels and implications for management

Ballast water and sediments can serve as prominent vectors for the widespread dispersal of pathogens between geographically distant areas. However, information regarding the diversity and distribution of the bacterial pathogens in ballast water and sediments is highly limited. In this study, using high-throughput sequencing and quantitative PCR, we investigated the composition and abundance of potential pathogens, and their associations with indicator microorganisms. We accordingly detected 48 potential bacterial pathogens in the assessed ballast water and sediments, among which there were significant differences in the compositions and abundances of pathogenic bacterial communities characterizing ballast water and sediments. Rhodococcus erythropolis, Bacteroides vulgatus, and Vibrio campbellii were identified as predominant pathogens in ballast water, whereas Pseudomonas stutzeri, Mycobacterium paragordonae, and Bacillus anthracis predominated in ballast sediments. Bacteroidetes, Vibrio alginolyticus, Vibrio parahaemolyticus, and Escherichia coli were generally detected with median values of 8.54 × 103−1.22 × 107 gene copies (GC)/100 mL and 1.16 × 107−3.97 × 109 GC/100 g in ballast water and sediments, respectively. Notably, the concentrations of Shigella sp., Staphylococcus aureus, and V. alginolyticus were significantly higher in ballast sediments than in the water. In addition, our findings tend to confirm that the indicator species specified by the International Maritime Organization (IMO) might underestimate the pathogen risk in the ballast water and sediments, as these bacteria were unable to predict some potential pathogens assessed in this study. In summary, this study provides a comprehensive insight into the spectrum of the potential pathogens that transferred by ship ballast tanks and emphasizes the need for the implementation of IMO convention on ballast sediment management.

A STUDY ON SELECTION OF BALLAST WATER TREATMENT TECHNOLOGIES TO MEET BWM 2004 CONVENTION

Ballast water is essential for ship operation. However, it also carries potential risks of contamination and disease transmission. The Ballast Water Management Convention (BWMC) was introduced by the International Maritime Organization (IMO) to minimize the transfer of pathogenic microorganisms to ecologically sensitive marine areas, through ballast of ocean-going ships. Therefore, thorough research and analysis of ballast water treatment technologies are essential. This paper summarizes the existing technologies applied for ballast water treatment. These technologies can be port-based or ship-based, with the latter being easier to implement. Particular attention is given to onboard processing methods, which can be classified as physical separation, mechanical or chemical methods. This work describes recent ballast water treatment studies from the scientific and academic communities since the last IMO Convention in 2004, and the treatment methods that have been approved by the IMO substantially and ultimately. We have examined the various methods currently available in scientific means for ballast water treatment and we conclude that standardization of ballast water treatment still has to be done to ensure IMO Standards.

Investigation of an alleged PLC hacking on sea vessels

This paper presents a case of alleged PLC (Programmable Logic controller) hacking aboard a commercial ship, and the forensic investigation of PLC components. It presents the lessons drawn from this case and the particular difficulty of investigating PLC and SCADA systems onboard. Whereas hacking is often seen as taking control of a ship, or part of a ship, it is also related to the alteration of the sensors, the PLCs, the data logger or the SCADA systems. This alteration can be done from a hacking group but in the investigated case, it is more likely an action triggered either by the ship owner, or the ship manufacturer himself. This paper also advocates for an addition of a section concerning cybersecurity in the SOLAS - Safety Of Life At Sea - convention or one of other IMO (International Maritime Organization) conventions.

A JOURNEY TO EFFECTIVE RESPONSE: EXPERIENCE FROM KAZAKHSTAN

ABSTRACT The Republic of Kazakhstan has an oil production and transport industry of growing global importance; in 2015 crude oil production averaged 1.67 million bbl/day (74 million m3/year). The growth of the oil industry and a changing risk profile has led to an evolution of oil spill preparedness. The national framework has been amended several times due to legislative and administrative changes. The latest National Oil Spill Contingency Plan was approved in 2012, providing impetus for further development through its implementation. This Plan’s policy embraces risk-based preparedness utilizing the full response toolkit. In terms of realizing national policy, important amendments to the Environmental Code in 2016 addressed the following:– Exemption from emission control regulation; legitimate consequences of the response toolkit (such as adding dispersant and a smoke plume resulting from controlled burning) will not be considered as emissions.– Requirement for specific regulation of oil spill methods i.e. dispersant product approval and use authorization and in-situ burning procedures. Industry worked with the authorities to address and develop effective regulation based on international good practices as promoted by the International Maritime Organization (IMO) and international oil industry associations. The national association Kazenergy provided a vehicle for aligned support across the local industry. Kazakhstan is a member of the regional agreement to protect the Caspian marine environment. Cooperation in case of major oil pollution is being developed, through the implementation of the Aktau Protocol, which entered into force in July 2016. Kazakhstan is also in the process of ratifying the IMO Conventions relating to oil spill preparedness and response. This paper describes the challenging journey to develop an effective response framework, highlighting that the process:– requires champions within authorities to promote legislative amendments;– benefits from alignment of industry through associations as an efficient means to provide support;– is inevitably slowed by governmental re-organization and it is challenging to achieve consensus across different Ministries and departments;– is enhanced where targeted local oil spill research provides credibility and validation of international inputs. Significant commitment is needed to achieve legislative change but the prize it worth it. The result is a robust framework that mandates effective response using the best options to minimize environmental impacts and promote recovery in case of potential oil pollution.

Consideration on the Maximum Allowable Dosage of Active Substances Produced by Ballast Water Management System Using Electrolysis

The International Convention for the Control and Management of Ships’ Ballast Water and Sediments was adopted by IMO (International Maritime Organization) on 13 February 2004. Fifty-seven ballast water management systems were granted basic approval of active substance by IMO, among which thirty-seven systems were granted final approval. This paper studies the maximum allowable dosage of active substances produced by ballast water management system using electrolysis which is an approved management system by IMO. The allowable dosage of active substances by electrolysis system is proposed by TRO (Total Residual Oxidant). Maximum allowable dosage of TRO is a very important factor in the ballast water management system when using the electrolysis methods, because ballast water management system is controlled with the TRO value, and the IMO approvals are given on the basis of the maximum allowable dosage of TRO for the treatment and discharge of ballast water. However, between various management systems approved TRO concentration of maximum allowable dosage showed large differences, ranging from 1 to 15ppm, depending on the management systems. The discrepancies of maximum allowable dosage among the management systems may depend on whether a filter is used or not, the difference in the specifications of the electrolysis module, the kind of the tested organisms, the number of individual organisms, and the difference in the water quality, etc. Ship owners are responsible for satisfying the performance standard of the IMO convention in the ports of each country therefore need to carefully review whether the ballast water management system can satisfy the performance standard of the IMO convention or not.

Legal Framework on the Marine Environment Protection of Straits used for International Navigation: Has It Been Effective in the Straits of Malacca and Singapore?

There are approximately 116 straits used for international navigation around the world. Some of them are important international maritime chokepoints, namely the Dover Strait, Hormuz Strait, Straits of Malacca and Singapore and the Russian straits across the Northeast Arctic Passage. Due to the high number of navigational traffic going through these straits, vessel-source pollution is endemic in these waters. This article examines the applicable international legal framework on protection of the marine environment of straits used for international navigation such as Part XII of the United Nations Convention on the Law of the Sea and other related legal measures like International Maritime Organization conventions on protection of the marine environment. This article concludes by stating that the present framework is not sufficient in properly balancing two vital interests in the maritime world – protection of the marine environment vis-a-vis shipping.

The regionalization of maritime governance: Towards a polycentric governance system for sustainable shipping in the European Union

Driven by the global nature of shipping, maritime governance is characterized by a long history of intergovernmental decision making with the International Maritime Organization (IMO) as central locus of authority. Since the 1980s, maritime governance for the European Union (EU) and its member states is subject to processes of regionalization, especially in the environmental domain. Dissatisfaction with the ambition level of the IMO as well as lack of effective implementation and enforcement of IMO standards has driven the emergence of four regionally-based initiatives: the use of special areas in IMO Conventions, the adoption of the Paris Memorandum of Understanding (MoU) on Port State Control, the development of the European Union shipping policy domain and the emergence of market based initiatives by ports and cargo-owners. This article analyses how each of these regional initiatives are based on cooperation between a regional group of actors and how each initiative has become integrated in maritime governance. The article concludes that although IMO remains a central locus of authority, the emergence of the Paris MoU on PSC and EU legislation for shipping has resulted in a move from a centralized, intergovernmental maritime governance system between the 1950s and 1980s to a more polycentric governance system for EU member states today.

The External Dimension of European Union Marine Governance: Institutional Interplay between the EU and the International Maritime Organization

This article focuses on the emergence of a decentralized institutional complex, interplay management, and the institutional interplay between the International Maritime Organization (IMO) and the EU in the issue area of environmental shipping policies. It shows that the synergistic relationship between both institutions has been driven primarily by commitment and compliance mechanisms. By influencing IMO decision-making and improving the implementation and effectiveness of IMO conventions, the EU has become a driving force in international environmental shipping policies, and its new initiatives may even enhance its leadership role within the IMO in the future. Despite the still-existing lack of cognitive leadership by the EU, the synergies between both institutions provide evidence for the EU's leadership capacities in global environmental politics.

The Maritime Labour Convention, 2006—reflections on challenges for flag State implementation

This paper begins by providing a brief overview of the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006), noting that this Convention, often called the “Seafarers’ bill of rights”, seeks to achieve both social and labour rights (“decent work”) for seafarers and fair competition (achieving a level-playing field) for shipowners. It has been described as the “fourth pillar” of the international maritime regulatory regime complementing the major International Maritime Organization conventions. The paper provides a brief update on international efforts to achieve the 30/33 formula needed to bring the Convention into force [at present, the tonnage element, 33% has been achieved already with coverage now at 54% of the world fleet (by gross tonnage), with 18 ratifications]. It then explores challenges faced by flag States in connection with capacity to implement the ship inspection and certification system under the MLC, 2006 and other difficulties with respect to legal implementation by the flag States. The paper also comments on some challenges in connection with port State, coastal State and labour-supplying State responsibilities. The paper points out that the MLC, 2006 is a comprehensive code that covers diverse issues and a wider range of both ships and seafarers than previous conventions. It often requires interdepartmental cooperation to implement its requirements at the national level. The paper concludes that, despite the slower pace of ratification in some regions, largely because of the recent economic and other crises, it appears that many actors in the maritime sector are already actively engaged in MLC, 2006 implementation, often ahead of governments. The question is not “if” but “when” the formula will be achieved to allow the MLC, 2006 to enter into force.

Fuzzy logic based decision making system for collision avoidance of ocean navigation under critical collision conditions

This paper focuses on a fuzzy logic based intelligent decision making system that aims to improve the safety of marine vessels by avoiding collision situations. It can be implemented in a decision support system of an oceangoing vessel or included in the process of autonomous ocean navigation. Although Autonomous Guidance and Navigation (AGN) is meant to be an important part of future ocean navigation due to the associated cost reduction and improved maritime safety, intelligent decision making capabilities should be an integrated part of the future AGN system in order to improve autonomous ocean navigational facilities. In this study, the collision avoidance of the Target vessel with respect to the vessel domain of the Own vessel has been analyzed and input, and output fuzzy membership functions have been derived. The if–then rule based decision making process and the integrated novel fuzzy inference system are formulated and implemented on the MATLAB software platform. Simulation results are presented regarding several critical collision conditions where the Target vessel fails to take appropriate actions, as the “Give way” vessel to avoid collision situations. In these situations, the Own vessel is able to take critical actions to avoid collisions, even when being the “Stand on” vessel. Furthermore, all decision rules are formulated in accordance with the International Maritime Organization Convention on the International Regulations for Preventing Collisions at Sea (COLREGs), 1972, to avoid conflicts that might occur during ocean navigation.

Fuzzy-logic based parallel collisions avoidance decision formulation for an Ocean Navigational System

This paper focuses on a Fuzzy-logic based parallel decision formulation that aims to improve the safety of marine vessels by avoiding collision situations in ocean navigation. The collision avoidance of the Target vessel with respect to the vessel domain of the Own vessel has been analyzed and input and output Fuzzy Membership Functions are derived in this study. The If-Then rule based decision making process and the integrated novel Fuzzy Inference System are formulated and implemented on MATLAB software platform. Simulations are presented regarding several collision avoidance situations. Furthermore, the decision rules are formulated in accordance with the International Maritime Organization Convention on the International Regulations for Preventing Collisions at Sea (COLREGs) and expert knowledge in navigation, to avoid conflict that might occur during the ocean navigation.

Compliance with international emission regulations: Reducing the air pollution from merchant vessels

In September 1997, the International Maritime Organization (IMO) adopted an international convention protocol to reduce air pollution from ships, in order to achieve sustainable maritime development. This protocol has been approved by 15 member countries and will be enforced in May 2005. Pollutants emitted from ships, such as nitrogen oxides, volatile organic compounds, sulfur oxides, etc. will be regulated by this convention through ship inspections and issuance of certificates. Ships belonging to maritime countries such as Taiwan, which sail around the world and berth in commercial ports, must obey this convention. This study has investigated possible strategies, which may be adopted by maritime countries to conform to this IMO convention in order to reduce the air pollution from ships. A sea-going ship must prepare EIAPP and IAPP certificates for inspection by port-state-control officials, when the ship is anchored at a maritime port. These port-state-control officials may also require the continuous detection and sampling of a ship's emissions, while it is berthed at the port. Legislative support is necessary for successful implementation of these safeguards. It is suggested, therefore, that the administration of both navigational and environmental protection, in maritime countries, cooperate in the revision of relevant federal laws, to implement the provisions of the MARPOL 73/78/97 convention; in this way, the air pollution from ships can be effectively controlled. Installation of advanced detection equipment can effectively detect any ships’ violations of air pollution regulations. The Harbor Affairs’ Bureau should also establish a database of air pollution inspections for ships berthed within their harbor, requiring that ships’ equipment comply with the requirements of the MARPOL convention, for the reduction of air pollution.

Estimates of Oil Entering the Marine Environment in the Past Decade: Gesamp Working Group 32 Project

ABSTRACT The Joint Group of Experts on the Scientific Aspects of Marine Protection (GESAMP) Working Group on Estimates of Oil Entering the Marine Environment: Sea Based Activities (Working Group 32), began meeting at International Maritime Organization (IMO) headquarters in London in November 1997 to discuss a new approach to evaluating all available data sources on the input of oil into the marine environment from sea-based activities. The group will collect and analyze data on oil inputs over the last decade from shipping (tankers and other vessels), offshore and coastal exploration and production, pipelines, atmospheric emissions from sea-based activities, coastal refineries and storage facilities, oil reception facilities, materials disposed of at sea, and natural seepage. The group, sponsored by the United Nations (UN), IMO, UN Environment Program, Food and Agriculture Organization, UN Educational Scientific and Cultural Organization, World Health Organization, World Meteorological Organization, and International Atomic Energy Agency, will compare its oil input estimate model to estimates made by GESAMP in previous decades to determine if there have been significant reductions in oil input in order to evaluate the efficacy of IMO conventions and other pollution reduction efforts in the past decade. The group will consider the amounts of oil entering the sea through operational and accidental spillage in relation to the quantities of oil transported by ship and through pipelines, and in relation to offshore and coastal oil production. The group will also consider temporal and spatial variability in oil inputs, as well as evaluate the accuracy of input estimates. These results will be presented in the poster presentation

International Maritime Organization (IMO) Operations and Publications*

HOW IMO OPERATES IMO is a technical organization with 135 Member States plus two Associate Members. Its chief task, especially in the early years, has been to develop a comprehensive body of international conventions, codes and recommendations which could be imple- mented by all Member Governments. This international approach is essential, for the effectiveness of IMO measures depends upon how widely they are accepted and how they are implemented. The fact that some of the most important IMO conventions are now accepted by countries whose combined merchant fleets represent 97% of the world total indicates how suc- cessful this

Tighter curbs sought on transport of chemicals

In the wake of two recent rail tankcar toxic chemical spills, chemical and railroad industry groups are stepping up efforts to tighten rules for transport of hazardous chemicals by broadening the application of federal hazardous materials regulations. Last week, the Chemical Manufacturers Association announced its support for efforts to identify and regulate the transportation of substances that are potential water pollution hazards. Concern for materials that can cause problems if spilled in large quantities into water was raised by the July 14 derailment of a Southern Pacific train carrying metham-sodium along the Sacramento River in northern California (C&EN, July 29, page 7). One possible method is to adopt, for domestic transportation, a list of substances contained in the International Maritime Organization's convention on marine pollutants, notes Morton L. Mullins, vice president of regulatory affairs for CMA. The U.S., along with 44 other countries, recently ratified IMO's marine pollutants (MAR...