International Conventions And The IMO Flashcards

1
Q

What are International Conventions?

A
  • regulations devised by international bodies,
  • many of them under the protection of the United Nations
  • which are incorporated into national laws by states that wish to adopt them.
  • The IMO is the principal international body involved with maritime affairs.
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2
Q

When was the IMO set up and by whom?

A
  • 1948 (3 years after the Second World War that ended in 1945)
  • first met in 1959
  • by the United Nations
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3
Q

As of 2022 how many nations are members of the IMO
And how many associate members?

A
  • 175 nations
  • 3 associate members:
    (1) Hong Kong
    (2) Macau
    (3) Faroe Islands
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4
Q

A number of international shipping industry organisations have what status at the IMO?

Give an example of an international shipping industry organisation.

A
  • consultative status — can contribute to deliberations.
  • e.g. IG of P&I Clubs
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5
Q

What does the IMO do?

A
  • to provide machinery for cooperation among governments in the …
    (1) regulation… of technical matters affecting shipping…
    (2) maritime safety
    (3) navigation and
    (4) prevention and control of oil pollution.
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6
Q

As well as work on regulation, the IMO is also heavily involved in what areas?

A
  • education and training.
  • has set up 3 educational institutes:

(1) The World Maritime University - Malmo
(2) the International Maritime Law Institute - Malta
(3) the International Maritime Safety, Security and Environment Academy - Genoa.

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7
Q

What is the process of the creation and development of ideas that form the basis for IMO conventions and regulations?

A
  • democratic in character
  • with member states and non-government organisation with consultative status (e.g. the IG of P&I Clubs) all taking part in the process
  • proposals for new items on the IMO’s work programme and proposals for new, or amendments to existing, mandatory instruments submitted by non-government organisations must be co-sponsored by member governments.
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8
Q

Describe how a new initiative comes to life / convention comes

A

Where the main body of the IMO or other UN agency concerned gives agreement to a new initiative the task is then:

(1) delegated to the appropriate committee
(2) work in the committees and sub-committees is undertaken by the representatives of member states
(3) the committee charged with consideration of a new convention produces a draft document
(4) the draft document will be submitted to the Council and Assembly of the Organisation, with an accompanying proposal for the scheduling of a specially convened conference, now commonly known as diplomatic conference to consider the new convention.
(5) once agreed by the governing bodies of the Organisation, a diplomatic conference will then be held to discuss and adopt the new convention, based on the draft document developed by the relevant Committee.

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9
Q

Within the IMO what main committees are there?

A

(1) Maritime Safety Committee

(2) Marine Environment Protection Committee

(3) Legal Committee

(4) Facilitation Committee

(5) Technical Co-operation Committee

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10
Q

What is the voting process?

A
  • All states that are members of the IMO and states who are members of the UN are invited to the plenary session of every committee or sub-committee
  • At such sessions, all IMO member states have equal voting rights
  • UN bodies and other organisation that have a formal relationship with the IMO can also send delegation to the meetings
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11
Q

How does a draft convention get approved?

A
  • draft conventions are debated and amended at diplomatic conferences as necessary
  • adopted if approved
  • once adopted, a convention is lodged with the IMO Secretariat and is open for signature by member states.
  • it can take many years for a convention to be adopted by sufficient member states for it to come into force
  • in many cases, development of existing and new conventions is driven by major casualties that highlight areas where international regulation may be desirable.
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12
Q

Which year was the Titanic disaster?

What international conventions did it bring about that are still in use today?

A
  • 1912
  • led to the adoption of the first-ever international convention on SOLAS and ultimately on the establishment of the IMO itself.
  • 1914: first attempt to lay down international rules governing safety of shipping
    I.e. making sure enough life boats and life jackets are provided for all the people on board.
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13
Q

A state can express its consent to be bound by a convention in what ways?

A

(1) SIGNATURE

  • where the convention provides or where the intention of the state to give that effect to signature was expressed during the negotiations.

-Most conventions contain a clause providing that a state may express its consent to be bound by the instrument by signature, subject to ratification.

  • Signature does not signify a state’s consent to be bound by a convention; if a state is to be so bound its signature must be followed up by the deposit of an instrument of ratification.
    A state may sign ‘subject to ratification’ to indicate its intention to embrace a convention.

In order to bring the convention into force in its domestic law further constitutional procedures will need to take place in the state itself.

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14
Q

Name another way in which a state can express its consent to be bound by a convention?

A

(2) RATIFICATION

  • international conventions are ratified by depositing instruments of ratification.
  • In most democracies, the legislature authorises the government to ratify conventions through domestic legislation.
  • e.g. UK: legislation that gives effect to conventions is placed before parliament before ratification.

USA: the consent of the Senate in Congress is required before a convention signed by the administration can come into effect.

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15
Q

The third way in which a state can express its consent to be bound by a convention?

A

ACCESSION

  • most international conventions are open for signature for a specified period of time after ratification and further provide that consent by accession is possible.
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16
Q

Accession allows what?

A
  • the method used by a state to become a party to a convention which it did not sign while it was open for signature.
  • it is a way of ratifying conventions already signed by other states.
17
Q

How are international conventions ratified?

A

By depositing instruments of ratification.

18
Q

Accession requires that state in question to do what?

[Accession —the time when a country officially joins a group of countries or signs an agreement]

A

To deposit an instrument when the ‘depository’ country or organisation specified in the convention.

19
Q

Each convention contains a provision stating what?

A

Stipulating the number of ratifications required to bring it into force.

E.g. the International Convention for the Safety of Life at Sea 1974 (SOLAS ‘74) required ratification by 25 states whose merchant fleets comprised not less than 50% of the world’s GT before it could come into force.

20
Q

Once a convention comes into force, which states does it apply to?

A

All states which have ratified it or acceded to it

It does NOT apply to signatories that have not ratified it.

21
Q

What was the reason for a tonnage ‘trigger’ ?

(SOLAS ‘74 required ratification by 25 states whose merchant fleets comprised of no less than 50% of the world’s GT before it could come into force)

A

To avoid entry into force a convention that might have a large impact on seagoing nations when ratified by a small number of countries with little or no real interest in the subject matter.
er.

That said, it is unusual for maritime conventions dealing with liability and compensation issues to contain a tonnage requirement to bring them into force.

22
Q

Once the required number of ratifications has been obtained what does that mean?

A

A convention generally comes into effect after a further period of time has elapsed in order to allow the countries concerned to make the necessary legislative arrangements domestically to implement its terms.

This usually entails enacting the provisions of the convention into national law.

23
Q

a convention has come into effect in some countries means that all IMO member countries will apply it.

TRUE or FALSE

A

FALSE - the fact that a convention has come into effect in some countries does NOT mean that all IMO member countries will apply it.

24
Q

Can a state or region enact the provisions of a convention into its domestic or regional law before the convention itself comes into force?

A

YES -

E.g. the EU introduced a requirement for the use of low sulphur fuel in port on 1 Jan 2010.
Whereas the equivalent IMO regime was not implemented until 2012.

25
Q

AMENDMENT OF CONVENTIONS

A