those treaties. In the case of marine environmental protection, the International
Convention on the Prevention of Pollution from Ships 1973/1978 (MARPOL) prescribes certain procedures for the Marine Environment Protection Committee
(MEPC) to adopt amendments to established technical standards related to marine
pollution from ships, which would then become binding on member States unless
they specifically object to it.
26 It is also pertinent to note that IMO rules and
standards could have an impact on the interpretation of UNCLOS through ‘rules
of reference’,
27 notably in cases where UNCLOS makes reference to ‘applicable’ or
‘generally accepted’ international rules and standards or recommendations
established through or by a ‘competent international organization’.
28
Furthermore, even if a non-binding recommendation is issued at the initial stage,
this is usually followed by the formal stage of adoption at a diplomatic conference.
For instance, the IMO Guidelines for Ship Recycling 2003 later transformed into the
Hong Kong International Convention for the Safe and Environmentally Sound
Recycling of Ships 2009 (albeit not yet in force). Another way in which the IMO
contributes directly to marine environmental protection is through designating
‘Particularly Sensitive Sea Areas’ (PSSAs). PSSAs serve to protect marine areas
that may be vulnerable to damage by international maritime activities by enabling
the adoption of strict measures pertaining to shipping routes in those areas. Lastly, it
should also be mentioned that the IMO performs secretarial as well as technical
functions for the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter 1972 (London Convention) and Protocol 1996 (London
Protocol), which strives to prevent pollution at sea through dumping activities.
29
The UN Food and Agriculture Organization (FAO), especially through its Committee on Fisheries, has made significant contributions to fishery science and
methods to conserve marine living resources
30 and serves as a platform for the
negotiation of instruments in this area. In this respect, the Agreement to Promote
Compliance with International Conservation and Management by Fishing Vessels in
the High Seas 1993 (FAO Compliance Agreement) and the recently entered into
force (June 2016) Agreement on Port State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing 2009 has been adopted under the
auspices of the FAO. Additionally, the FAO also utilizes voluntary and
non-binding instruments in tackling challenges faced in the conservation and sustainable use of fisheries,
31 such as the Code of Conduct on Responsible Fisheries
1995 and four International Plans of Action. It is pertinent to note that these FAO
instruments do have a bearing on the interpretation and implementation of UN
Agreement for the Implementation of the Provisions of UNCLOS relating to the
26 de La Fayette (2001).
27 Karim (2015), p. 34; Tanaka (2015a), p. 35; Kachel (2008), pp. 86–90.
28 Birnie et al. (2009), pp. 76 and 404; IMO (2014), p. 8.
29 VanderZwaag (2015), p. 143.
30 Churchill and Lowe (1999), p. 23.
31 Boyle (2006), p. 50.
3 International Organizations and the Protection of the Marine Environment
43
Convention on the Prevention of Pollution from Ships 1973/1978 (MARPOL) prescribes certain procedures for the Marine Environment Protection Committee
(MEPC) to adopt amendments to established technical standards related to marine
pollution from ships, which would then become binding on member States unless
they specifically object to it.
26 It is also pertinent to note that IMO rules and
standards could have an impact on the interpretation of UNCLOS through ‘rules
of reference’,
27 notably in cases where UNCLOS makes reference to ‘applicable’ or
‘generally accepted’ international rules and standards or recommendations
established through or by a ‘competent international organization’.
28
Furthermore, even if a non-binding recommendation is issued at the initial stage,
this is usually followed by the formal stage of adoption at a diplomatic conference.
For instance, the IMO Guidelines for Ship Recycling 2003 later transformed into the
Hong Kong International Convention for the Safe and Environmentally Sound
Recycling of Ships 2009 (albeit not yet in force). Another way in which the IMO
contributes directly to marine environmental protection is through designating
‘Particularly Sensitive Sea Areas’ (PSSAs). PSSAs serve to protect marine areas
that may be vulnerable to damage by international maritime activities by enabling
the adoption of strict measures pertaining to shipping routes in those areas. Lastly, it
should also be mentioned that the IMO performs secretarial as well as technical
functions for the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter 1972 (London Convention) and Protocol 1996 (London
Protocol), which strives to prevent pollution at sea through dumping activities.
29
The UN Food and Agriculture Organization (FAO), especially through its Committee on Fisheries, has made significant contributions to fishery science and
methods to conserve marine living resources
30 and serves as a platform for the
negotiation of instruments in this area. In this respect, the Agreement to Promote
Compliance with International Conservation and Management by Fishing Vessels in
the High Seas 1993 (FAO Compliance Agreement) and the recently entered into
force (June 2016) Agreement on Port State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing 2009 has been adopted under the
auspices of the FAO. Additionally, the FAO also utilizes voluntary and
non-binding instruments in tackling challenges faced in the conservation and sustainable use of fisheries,
31 such as the Code of Conduct on Responsible Fisheries
1995 and four International Plans of Action. It is pertinent to note that these FAO
instruments do have a bearing on the interpretation and implementation of UN
Agreement for the Implementation of the Provisions of UNCLOS relating to the
26 de La Fayette (2001).
27 Karim (2015), p. 34; Tanaka (2015a), p. 35; Kachel (2008), pp. 86–90.
28 Birnie et al. (2009), pp. 76 and 404; IMO (2014), p. 8.
29 VanderZwaag (2015), p. 143.
30 Churchill and Lowe (1999), p. 23.
31 Boyle (2006), p. 50.
3 International Organizations and the Protection of the Marine Environment
43