It is suggested that significant work will have to be carried out for the purpose of
adapting maritime law so as to take into account recent developments, such as the
emergence of unmanned ships, climatic changes and enhanced environmental concerns. This would no doubt represent major challenges not only for States and
intergovernmental organisations such as IMO, but also for all stakeholders involved
in or affected by the shipping industry. It is important that the international community will be able to meet these challenges.
It is not sufficient, however, that treaties are adopted and properly updated. It is
also crucial that the conventions and codes relating to shipping are correctly
implemented into national law.
96 Many countries are experiencing difficulties in
this regard due to lack of personnel with the necessary expertise. For this reason,
institutions such as the World Maritime University (WMU) and the IMO International Maritime Law Institute (IMLI) play an important role in generating national
expertise for the effective implementation of the treaty instruments. In addition,
through its Technical Co-operation Programme IMO assists countries in building up
their human and institutional capacities. It is also imperative that these treaty
instruments and the implementing legislation are faithfully applied by national
courts and other public authorities and that the regulations and rules are respected
by all stakeholders.
In this context reference should be made to the IMO Member State Audit Scheme
which has the purpose to establish the extent to which Member States give effect to
their obligations under a number of IMO instruments. The scheme was originally
voluntary but became mandatory from 1 January 2016. At present the scheme
includes SOLAS, MARPOL, STCW, COLREG, the Convention on Load Lines
and the Convention on Tonnage Measurement of Ships, and it may in the future
expand to cover also other instruments. The scheme may contribute, in the medium
and long term, to enhancing the correct implementation and enforcement of IMO
mandatory instruments.
Only if all the conditions mentioned above are met will it be possible for IMO’s
motto of safe, secure and efficient shipping on clean oceans to be satisfied, and for
shipping to make its contribution to the fulfilment of the United Nations 2030
Agenda for Sustainable Development and the associated Sustainable Development
Goals.
References
Balkin R (2014) Is there a place for the regulation of offshore oil platforms within International
Maritime Law - if Not, Then Where?. CMI Yearbook 2014
Balkin R (2018) The IMO and Global Ocean Governance, past, present and future. In: Attard DJ,
Balkin RP, Greig DW (eds) The IMLI Treatise on Global Ocean Governance, Vol. III IMO and
Global Ocean Governance, Chapter 1. Oxford University Press, Oxford
96 Jacobsson (2016b), p. 94.
284
M. Jacobsson
adapting maritime law so as to take into account recent developments, such as the
emergence of unmanned ships, climatic changes and enhanced environmental concerns. This would no doubt represent major challenges not only for States and
intergovernmental organisations such as IMO, but also for all stakeholders involved
in or affected by the shipping industry. It is important that the international community will be able to meet these challenges.
It is not sufficient, however, that treaties are adopted and properly updated. It is
also crucial that the conventions and codes relating to shipping are correctly
implemented into national law.
96 Many countries are experiencing difficulties in
this regard due to lack of personnel with the necessary expertise. For this reason,
institutions such as the World Maritime University (WMU) and the IMO International Maritime Law Institute (IMLI) play an important role in generating national
expertise for the effective implementation of the treaty instruments. In addition,
through its Technical Co-operation Programme IMO assists countries in building up
their human and institutional capacities. It is also imperative that these treaty
instruments and the implementing legislation are faithfully applied by national
courts and other public authorities and that the regulations and rules are respected
by all stakeholders.
In this context reference should be made to the IMO Member State Audit Scheme
which has the purpose to establish the extent to which Member States give effect to
their obligations under a number of IMO instruments. The scheme was originally
voluntary but became mandatory from 1 January 2016. At present the scheme
includes SOLAS, MARPOL, STCW, COLREG, the Convention on Load Lines
and the Convention on Tonnage Measurement of Ships, and it may in the future
expand to cover also other instruments. The scheme may contribute, in the medium
and long term, to enhancing the correct implementation and enforcement of IMO
mandatory instruments.
Only if all the conditions mentioned above are met will it be possible for IMO’s
motto of safe, secure and efficient shipping on clean oceans to be satisfied, and for
shipping to make its contribution to the fulfilment of the United Nations 2030
Agenda for Sustainable Development and the associated Sustainable Development
Goals.
References
Balkin R (2014) Is there a place for the regulation of offshore oil platforms within International
Maritime Law - if Not, Then Where?. CMI Yearbook 2014
Balkin R (2018) The IMO and Global Ocean Governance, past, present and future. In: Attard DJ,
Balkin RP, Greig DW (eds) The IMLI Treatise on Global Ocean Governance, Vol. III IMO and
Global Ocean Governance, Chapter 1. Oxford University Press, Oxford
96 Jacobsson (2016b), p. 94.
284
M. Jacobsson