[u]nder international law, the Organization must be deemed to have those powers which,
though not expressly provided in the Charter, are conferred upon it by necessary implication
as being essential to the performance of its duties.
54
The IMO’s efforts to provide guidance regarding the discharge of ship wastes and
the integration of port reception facilities into national waste management plans are
justified because the legal regime adopted under the auspices of the IMO for the
prevention, control, and reduction of ship-source pollution restricts discharges of
harmful substances at sea and places a crucial role on the provision of “adequate
reception facilities.” Adequacy is closely linked with two major aspects:
(a) prevention of illegal discharges at sea; and (b) the management of ship wastes
on land to prevent the transformation of one type of marine pollution into another.
The IMO cannot prescribe standards for waste streams and effluents, but it can guide
States on how to integrate their port reception facilities into national waste management systems.
Wastes received at port reception facilities should be included within national
waste management plans.
55 Thus, States are encouraged to develop a “waste management strategy”. This strategy should follow the waste management hierarchy,
i.e., a priority order in relation to wastes that moves through the following set of
preferences: prevention; reduction; re-use; recycling; recovery; disposal by incineration; and finally landfilling.
56 The waste hierarchy focuses primarily on waste
prevention, which in terms of ship wastes could be achieved through on-board
practices, on-board equipment, and ship design.
57 On board practices include, for
example, garbage handling and storage, and reductions in packaging.
The waste management strategy involves several private operators and public
authorities, including port authorities, ship operators, cargo interests such as shippers
and receivers of oil and chemicals, terminal operators, waste operators, civil society
organizations, and society in general. The IMO calls for public participation
58 in
order to involve different stakeholders in the decision-making processes regarding
waste management, e.g., the legislative process. Public participation gained significance in international environmental law after the United Nations Conference on
Environment and Development (UNCED) 1992. It is not surprising that treaties
predating UNCED made no reference to public participation, including UNCLOS
and MARPOL. Public participation is considered a procedural element of sustainable development, and in broad terms it includes mechanisms to access justice and
54 Reparation for Injuries Suffered in the Service of the United Nations, ICJ, Advisory Opinion
(1949), p. 182.
55 Resolution MEPC.83(44) Guidelines for Ensuring the Adequacy of Port Waste Reception
Facilities, (2000), para 5.11.
56 IMO Port Reception Facilities – How to Do It (2016), ch. 3.
57 MEPC.1/Circ.834: Consolidated Guidance for Port Reception Facility Providers and Users
(2014), pp. 7–8.
58 IMO Port Reception Facilities – How to Do It (2016), ch. 4.
Regime Interaction and GAIRS
27
though not expressly provided in the Charter, are conferred upon it by necessary implication
as being essential to the performance of its duties.
54
The IMO’s efforts to provide guidance regarding the discharge of ship wastes and
the integration of port reception facilities into national waste management plans are
justified because the legal regime adopted under the auspices of the IMO for the
prevention, control, and reduction of ship-source pollution restricts discharges of
harmful substances at sea and places a crucial role on the provision of “adequate
reception facilities.” Adequacy is closely linked with two major aspects:
(a) prevention of illegal discharges at sea; and (b) the management of ship wastes
on land to prevent the transformation of one type of marine pollution into another.
The IMO cannot prescribe standards for waste streams and effluents, but it can guide
States on how to integrate their port reception facilities into national waste management systems.
Wastes received at port reception facilities should be included within national
waste management plans.
55 Thus, States are encouraged to develop a “waste management strategy”. This strategy should follow the waste management hierarchy,
i.e., a priority order in relation to wastes that moves through the following set of
preferences: prevention; reduction; re-use; recycling; recovery; disposal by incineration; and finally landfilling.
56 The waste hierarchy focuses primarily on waste
prevention, which in terms of ship wastes could be achieved through on-board
practices, on-board equipment, and ship design.
57 On board practices include, for
example, garbage handling and storage, and reductions in packaging.
The waste management strategy involves several private operators and public
authorities, including port authorities, ship operators, cargo interests such as shippers
and receivers of oil and chemicals, terminal operators, waste operators, civil society
organizations, and society in general. The IMO calls for public participation
58 in
order to involve different stakeholders in the decision-making processes regarding
waste management, e.g., the legislative process. Public participation gained significance in international environmental law after the United Nations Conference on
Environment and Development (UNCED) 1992. It is not surprising that treaties
predating UNCED made no reference to public participation, including UNCLOS
and MARPOL. Public participation is considered a procedural element of sustainable development, and in broad terms it includes mechanisms to access justice and
54 Reparation for Injuries Suffered in the Service of the United Nations, ICJ, Advisory Opinion
(1949), p. 182.
55 Resolution MEPC.83(44) Guidelines for Ensuring the Adequacy of Port Waste Reception
Facilities, (2000), para 5.11.
56 IMO Port Reception Facilities – How to Do It (2016), ch. 3.
57 MEPC.1/Circ.834: Consolidated Guidance for Port Reception Facility Providers and Users
(2014), pp. 7–8.
58 IMO Port Reception Facilities – How to Do It (2016), ch. 4.
Regime Interaction and GAIRS
27