3 The Future Role of the IMO Committees
in the Development of International Treaties
As mentioned above, the IMO Legal Committee has over the years developed
numerous conventions and other treaty instruments in various fields of maritime
law, and many of these instruments have received widespread ratifications. The
majority of these treaties fall within the field of civil law, but some of the instruments
deal mainly with public law issues, for instance the 1989 Convention on Salvage.
The 2007 Nairobi Convention on the Removal of Wrecks is a hybrid in that it deals
with both public and private law issues. Two instruments relate to criminal law,
namely the 1988 Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation (SUA Convention) and its 1998 and 2005 Protocols
Relating to Fixed Platforms Located on the Continental Shelf (SUA Protocols).
Some of these treaties represented innovations in maritime law, for instance the
1969 Convention on Civil Liability for Oil Pollution Damage (1969 Civil Liability
Convention). That Convention introduced some important new features, namely
strict liability for oil pollution damage for owners of oil tankers coupled with
compulsory liability insurance and right of direct action by victims against the
insurer. The 1971 Convention on the Establishment of International Fund for
Compensation for Oil Pollution Damage (1971 Fund Convention) also broke new
grounds in international law. These Conventions were revised by Protocols in 1992.
6
The intergovernmental organisations that administer the regime established by these
Conventions, the International Oil Pollution Compensation Funds (IOPC Funds),
have, through decisions on the interpretation of important provisions taken by their
governing bodies, composed of representatives of Governments of the States parties,
greatly contributed to a high degree of uniform applications of these treaties.
7
The instruments developed under the auspices of the Legal Committee cover
most of the aspects of shipping that fall within its field of competence. In view of
this, and considering that the IMO Assembly has adopted Resolutions emphasizing
that new conventions and amendments to existing conventions should be considered
only if there is a clear and well-documented compelling need,
8 the Legal Committee
may become less involved than in the past in preparing new treaty instruments and
amendments to existing conventions. The Committee would become involved,
however, if, as a result of the developments relating to shipping in the polar regions
or the emergence of unmanned ships (Sects. 5.1 and 5.2 below), amendments have to
be made to conventions for which it is responsible.
It is suggested, however, that the Legal Committee will also be called upon in the
future to carry out important work. It will for instance be requested to consider
up-dating limitation amounts in certain conventions by application of the so-called
6 The 1992 Fund Convention has been supplemented by a Protocol of 2003 creating a Supplementary Compensation Fund.
7 For an overview of this regime see Jacobsson (2016a, b).
8 Resolutions A.500(XII) and A.998(25).
260
M. Jacobsson
in the Development of International Treaties
As mentioned above, the IMO Legal Committee has over the years developed
numerous conventions and other treaty instruments in various fields of maritime
law, and many of these instruments have received widespread ratifications. The
majority of these treaties fall within the field of civil law, but some of the instruments
deal mainly with public law issues, for instance the 1989 Convention on Salvage.
The 2007 Nairobi Convention on the Removal of Wrecks is a hybrid in that it deals
with both public and private law issues. Two instruments relate to criminal law,
namely the 1988 Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation (SUA Convention) and its 1998 and 2005 Protocols
Relating to Fixed Platforms Located on the Continental Shelf (SUA Protocols).
Some of these treaties represented innovations in maritime law, for instance the
1969 Convention on Civil Liability for Oil Pollution Damage (1969 Civil Liability
Convention). That Convention introduced some important new features, namely
strict liability for oil pollution damage for owners of oil tankers coupled with
compulsory liability insurance and right of direct action by victims against the
insurer. The 1971 Convention on the Establishment of International Fund for
Compensation for Oil Pollution Damage (1971 Fund Convention) also broke new
grounds in international law. These Conventions were revised by Protocols in 1992.
6
The intergovernmental organisations that administer the regime established by these
Conventions, the International Oil Pollution Compensation Funds (IOPC Funds),
have, through decisions on the interpretation of important provisions taken by their
governing bodies, composed of representatives of Governments of the States parties,
greatly contributed to a high degree of uniform applications of these treaties.
7
The instruments developed under the auspices of the Legal Committee cover
most of the aspects of shipping that fall within its field of competence. In view of
this, and considering that the IMO Assembly has adopted Resolutions emphasizing
that new conventions and amendments to existing conventions should be considered
only if there is a clear and well-documented compelling need,
8 the Legal Committee
may become less involved than in the past in preparing new treaty instruments and
amendments to existing conventions. The Committee would become involved,
however, if, as a result of the developments relating to shipping in the polar regions
or the emergence of unmanned ships (Sects. 5.1 and 5.2 below), amendments have to
be made to conventions for which it is responsible.
It is suggested, however, that the Legal Committee will also be called upon in the
future to carry out important work. It will for instance be requested to consider
up-dating limitation amounts in certain conventions by application of the so-called
6 The 1992 Fund Convention has been supplemented by a Protocol of 2003 creating a Supplementary Compensation Fund.
7 For an overview of this regime see Jacobsson (2016a, b).
8 Resolutions A.500(XII) and A.998(25).
260
M. Jacobsson