1.2.1 Categories of IMO treaties
Article 2 of the IMO Convention recognizes that in order to achieve its fundamental purposes, the Organization shall provide for the drafting of conventions, agreements and other suitable instruments.6 Some important conventions, such as the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) had already been developed prior to IMO’s creation in 1958, so the Organization was tasked with ensuring that they remained up to date.7 Others, in particular those treaties which relate to the enhanced protection of the marine environment and the liability and compensation for pollution damage, were developed once the need arose. Most conventions adopted under the auspices of the IMO can be divided into three general categories: maritime safety and security, prevention of marine pollution and liability and compensation, particularly for damage caused by pollution. There are, however, other related conventions dealing with matters such as salvage, facilitation and unlawful acts against the safety of navigation which also fall within the purview of the IMO.
6 Art. 2 (a) of the IMO Convention provides that the Organization shall ‘subject to the provisions of Art. 3, consider and make recommendations upon matters arising under Art. 1(a), (b) and (c) that may be remitted to it by Members, by an organ or specialized agency of the United Nations or by any other intergovernmental organization or upon matters referred to it under Art. 1(d)’.
7 The first version of SOLAS was adopted in 1914 in response to the Titanic disaster. It was further revised in 1929 and in 1948. IMO Member States considered and adopted SOLAS in 1960 but a completely new version of the convention was adopted in 1974.
The core IMO treaties, such as SOLAS 1974,8 International Convention for the Prevention of Pollution from Ships (MARPOL),9 International Convention on Civil Liability for Oil Pollution Damage (CLC),10 Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG)11 and Convention for the Suppression of Unlawful Acts against the Safety of Navigation (SUA),12 are nearly universally accepted since they are ratified by States representing more than 99% of the world’s merchant shipping fleet. Other IMO treaties, such as the Nairobi International Convention on the Removal of Wrecks which has 44 States parties,13 have entered into force but are not as universally accepted as the core treaties.
8 International Convention for the Safety of Life at Sea (London, 1974), ((signed on 1974, entered into force on 1980) 1184, 1185 UNTS 18961).
9 Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, (1973) ((signed on 1978, entered into force on 1983) 1340, 1341 UNTS 22484).
10 International Convention on Civil Liability for Oil Pollution Damage (Brussels 1969), ((signed on 1969, entered into force on 1975) 973 UNTS 14097). This Convention was amended in 1992 by a Protocol (UNTS 1956).
11 Convention on the International Regulations for Preventing Collisions at Sea (London 1972), ((signed on 1966, entered into force on 1968) 640 UNTS 9159).
12 Convention for the Suppression of Unlawful Acts Against the Safety of Navigation (Rome, 1988), ((signed on 1988, entered into force on 1992) 1678 UNTS 29004).
13 International Convention on the Removal of Wrecks (Nairobi, 2007), ((signed on 2007, entered into force on 2015) UNTS 55565), as of January 2020 there are 48 Contracting States to the Convention, representing 73.16% of the world merchant tonnage.
Generally, IMO treaties apply only to ships on international voyages and only to ships of certain tonnage and size. They have three main objectives: prevention, mitigation and compensation. Treaties like SOLAS and COLREG aim at ensuring safe navigation and preventing collisions at sea by providing for minimum standards for the construction, equipment, operation of ships and traffic separation schemes. SOLAS contains technical regulations that prescribe, among others, requirements for subdivision and stability, machinery and electrical installations, fire protection and life-saving appliances. Chapter XI contains special measures to enhance maritime safety and security. There are numerous codes, recommendations and guidelines adopted to address specific areas of safety.14
14 There are various codes adopted in relation to safety and security, which are mandatory and form part of SOLAS, like for example the International Safety Management (ISM) Code (originally adopted by resolution A.741(18), the International Maritime Dangerous Goods (IMDG) Code (originally adopted by resolution MSC.122(75), the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) (adopted by resolution MSC.255(84), or the International Ship and Port Facility Security (ISPS) Code (adopted by virtue of the amendments to the annex to SOLAS on 12 December 2002).
MARPOL’s main objective is the prevention of pollution of the marine environment by ships from operational or accidental causes. Annex I of...