Ships, as amended by the 1978 Protocol thereto (MARPOL 73/78), by the Marine
Environment Protection Committee (MEPC). The Facilitation Committee (FAL)
elaborated the Convention on Facilitation of International Maritime Traffic, 1965
(FAL Convention). These Committees are responsible for revising the Conventions
within their field of competence, as required.
3
Some maritime law treaties adopted under the auspices of IMO have a near
universal membership, e.g. SOLAS and MARPOL 73/78. Other Conventions have
been ratified by only a limited number of States, and some have not been ratified by a
sufficient number of States for them to enter into force.
But IMO has not been the only body within the United Nations that has developed
international treaties relating to shipping. The United Nations Convention on the
Law of the Sea (UNCLOS) 1992, which was prepared by a special conference,
contains important public law provisions concerning shipping matters. The United
Nations Conference on Trade and Development (UNCTAD) prepared the 1974
Convention on a Code of Conduct for Liner Conferences, the 1980 Convention on
International Multimodal Transport of Goods (not in force), the 1986 Convention on
Conditions for Registration of Ships (not in force), the 1993 Convention on Maritime Liens and Mortgages and the 1999 Convention on Arrest of Ships. In 1978 the
United Nations Commission on International Trade Law (UNCITRAL) elaborated
the Convention on the Carriage of Goods by Sea (the Hamburg Rules). The 1978
Convention eventually entered into force, but it had attracted ratification by only a
limited number of States. For this reason, UNCITRAL developed a new treaty on the
same subject matter, the 2008 Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules), which is not yet in
force. The International Labour Organization (ILO) adopted in 2006 the Maritime
Labour Convention.
4
The European Union has also in recent years legislated in the field of maritime
law, e.g. Directive 2005/35/EC (amended by Directive 2009/123/EC) on ship-source
pollution and on the introduction of penalties, including criminal penalties, for
pollution offenses, Directive 2009/20/EC on insurance of shipowners for maritime
claims, and Regulation No. 392/2009/EC on liability of carriers of passengers by sea
in the event of accidents.
5
3 For a detailed analysis of the development of international treaty instruments by IMO see
Balkin (2018).
4 Development of international maritime law can take place outside intergovernmental organisations
and international treaties, as for instance the York-Antwerp Rules on general average. The first
version of these Rules was adopted in 1890, and they have since been amended many times, most
recently in 2016. The CMI has for many years been the custodian of the York-Antwerp Rules. The
Rules are widely used through incorporation by reference in contracts of carriage and have led to a
remarkable uniformity in respect of general average.
5 See Jacobsson (2012), p. 67.
What Challenges Lie Ahead for Maritime Law?
259
Environment Protection Committee (MEPC). The Facilitation Committee (FAL)
elaborated the Convention on Facilitation of International Maritime Traffic, 1965
(FAL Convention). These Committees are responsible for revising the Conventions
within their field of competence, as required.
3
Some maritime law treaties adopted under the auspices of IMO have a near
universal membership, e.g. SOLAS and MARPOL 73/78. Other Conventions have
been ratified by only a limited number of States, and some have not been ratified by a
sufficient number of States for them to enter into force.
But IMO has not been the only body within the United Nations that has developed
international treaties relating to shipping. The United Nations Convention on the
Law of the Sea (UNCLOS) 1992, which was prepared by a special conference,
contains important public law provisions concerning shipping matters. The United
Nations Conference on Trade and Development (UNCTAD) prepared the 1974
Convention on a Code of Conduct for Liner Conferences, the 1980 Convention on
International Multimodal Transport of Goods (not in force), the 1986 Convention on
Conditions for Registration of Ships (not in force), the 1993 Convention on Maritime Liens and Mortgages and the 1999 Convention on Arrest of Ships. In 1978 the
United Nations Commission on International Trade Law (UNCITRAL) elaborated
the Convention on the Carriage of Goods by Sea (the Hamburg Rules). The 1978
Convention eventually entered into force, but it had attracted ratification by only a
limited number of States. For this reason, UNCITRAL developed a new treaty on the
same subject matter, the 2008 Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules), which is not yet in
force. The International Labour Organization (ILO) adopted in 2006 the Maritime
Labour Convention.
4
The European Union has also in recent years legislated in the field of maritime
law, e.g. Directive 2005/35/EC (amended by Directive 2009/123/EC) on ship-source
pollution and on the introduction of penalties, including criminal penalties, for
pollution offenses, Directive 2009/20/EC on insurance of shipowners for maritime
claims, and Regulation No. 392/2009/EC on liability of carriers of passengers by sea
in the event of accidents.
5
3 For a detailed analysis of the development of international treaty instruments by IMO see
Balkin (2018).
4 Development of international maritime law can take place outside intergovernmental organisations
and international treaties, as for instance the York-Antwerp Rules on general average. The first
version of these Rules was adopted in 1890, and they have since been amended many times, most
recently in 2016. The CMI has for many years been the custodian of the York-Antwerp Rules. The
Rules are widely used through incorporation by reference in contracts of carriage and have led to a
remarkable uniformity in respect of general average.
5 See Jacobsson (2012), p. 67.
What Challenges Lie Ahead for Maritime Law?
259