oil accidentally spilled from a tanker registered in a state party to those instruments.
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter, 1972, was also an offshoot and focused on the deliberate discharge of
wastes that could include ships. But perhaps the most significant instrument for the
prevention of vessel-source pollution was the International Convention for the
Prevention of Pollution from Ships, 1973 and its Protocol of 1978 (MARPOL
73/78).
19 This convention was a major improvement and expanded significantly
on the earlier International Convention for the Prevention of Pollution of the Sea by
Oil, 1954 (OILPOL) which, as the title suggests, was limited in scope, whereas
MARPOL 73/78 would cover a wider ranger of wastes. Ironically, the original 1973
convention was brought into effect only after the adoption of the 1978 amending
protocol, which itself was triggered by yet another major and even larger casualty,
namely the loss of the Amoco Cadiz off the coast of France in 1978. However,
Torrey Canyon did not just result in legislative action. In due course, it influenced
major functional and structural change to enable the IMO handle new subject-matter
through the expansion of its mandate to include pollution concerns and creation of
two new committees to accompany the MSC in its work. These were the Legal
Committee tasked to advise the IMO on the increasing legal issues in its work and
the Marine Environment Protection Committee (MEPC) to add subject-matter
expertise.
20
In addition to the development of a new marine environmental protection function, IMO regulatory action was also challenged to confront new, and even renewed,
safety concerns. In the 1980s a number of serious accidents occurred and were
argued to be caused by human error, with management faults identified as contributing factors. These realizations led to amendments to the International Convention
for the Safety of Life at Sea, 1974 (SOLAS),
21 itself adopted after major changes
from the earlier 1960 version. In particular, in the inquiry into the loss of the Herald
of Free Enterprise, the management failure was described as ‘the disease of sloppiness’.
22 To address the human factors contributing to maritime casualties, in 1993
the IMO adopted the International Management Code for the Safe Operation of
Ships and for Pollution Prevention (ISM Code), which became a mandatory SOLAS
code in 1998.
23 Among other efforts, this initiative recognized that human error was
often a contributing factor to maritime casualties.
24
19 International Convention for the Prevention of Pollution from Ships, 1973 (not in force); Protocol
of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 1973.
20 Amendments to the IMCO Convention, IMO Assembly Resolution A 358 (IX), 1975.
21 International Management Code for the Safe Operation of Ships and for Pollution Prevention,
IMO Assembly Resolution A 741 (18), 1993.
22 MV Herald of Free Enterprise (1987), p. 14.
23 International Management Code for the Safe Operation of Ships and for Pollution Prevention,
IMO Assembly Resolution A 741 (18), 1993.
24 IMO efforts also focused on standards of training of seafarers, most especially through the
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978.
102
A. Chircop and D. Shan
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter, 1972, was also an offshoot and focused on the deliberate discharge of
wastes that could include ships. But perhaps the most significant instrument for the
prevention of vessel-source pollution was the International Convention for the
Prevention of Pollution from Ships, 1973 and its Protocol of 1978 (MARPOL
73/78).
19 This convention was a major improvement and expanded significantly
on the earlier International Convention for the Prevention of Pollution of the Sea by
Oil, 1954 (OILPOL) which, as the title suggests, was limited in scope, whereas
MARPOL 73/78 would cover a wider ranger of wastes. Ironically, the original 1973
convention was brought into effect only after the adoption of the 1978 amending
protocol, which itself was triggered by yet another major and even larger casualty,
namely the loss of the Amoco Cadiz off the coast of France in 1978. However,
Torrey Canyon did not just result in legislative action. In due course, it influenced
major functional and structural change to enable the IMO handle new subject-matter
through the expansion of its mandate to include pollution concerns and creation of
two new committees to accompany the MSC in its work. These were the Legal
Committee tasked to advise the IMO on the increasing legal issues in its work and
the Marine Environment Protection Committee (MEPC) to add subject-matter
expertise.
20
In addition to the development of a new marine environmental protection function, IMO regulatory action was also challenged to confront new, and even renewed,
safety concerns. In the 1980s a number of serious accidents occurred and were
argued to be caused by human error, with management faults identified as contributing factors. These realizations led to amendments to the International Convention
for the Safety of Life at Sea, 1974 (SOLAS),
21 itself adopted after major changes
from the earlier 1960 version. In particular, in the inquiry into the loss of the Herald
of Free Enterprise, the management failure was described as ‘the disease of sloppiness’.
22 To address the human factors contributing to maritime casualties, in 1993
the IMO adopted the International Management Code for the Safe Operation of
Ships and for Pollution Prevention (ISM Code), which became a mandatory SOLAS
code in 1998.
23 Among other efforts, this initiative recognized that human error was
often a contributing factor to maritime casualties.
24
19 International Convention for the Prevention of Pollution from Ships, 1973 (not in force); Protocol
of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 1973.
20 Amendments to the IMCO Convention, IMO Assembly Resolution A 358 (IX), 1975.
21 International Management Code for the Safe Operation of Ships and for Pollution Prevention,
IMO Assembly Resolution A 741 (18), 1993.
22 MV Herald of Free Enterprise (1987), p. 14.
23 International Management Code for the Safe Operation of Ships and for Pollution Prevention,
IMO Assembly Resolution A 741 (18), 1993.
24 IMO efforts also focused on standards of training of seafarers, most especially through the
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978.
102
A. Chircop and D. Shan