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For the next two weeks, delegates from 158 member nations will review reports from Committees collected during the
past two years. These delegates must then decide the direction IMO shall follow in policy and regulation formation for the next biennium, 2000-2001.As a branch of the United Nations, IMO has the primary objective to
determine international regulations in the areas of maritime safety, marine pollution from maritime activities and other shipping related areas. IMO accomplishes its formidable tasks by establishing International
Conventions such as MARPOL 73/78 (for marine pollution) and SOLAS (for Safety of Life at Sea). Experts in these fields meet in Committees to come up with direct regulatory instruments or voluntary guidelines for best
management practices. Secretary O'Neill stated today that IMO's primary focus continues to be on technical and operational issues. He stressed the need for proper implementation of existing policies and regulations
by shipowners, flag states and port states, rather then creating new ones. He reiterated excessive regulation is unpopular within IMO and hoped delegates could work towards expansion of self regulation by the major parties in
shipping. The Secretary General's address is a critical keynote for delegates, providing a hint of what the General Assembly will be debating during its term. Although his comments did not go into great detail, Mr.
O'Neill made a point of mentioning the Assembly will be facing a decision on antifouling hull coverings. His comments put extra weight on the proposal delegates must make to determine whether or not IMO should fund a
"diplomatic conference" on antifouling hull paints. Approval of a diplomatic conference is a major step in IMO's rule making process. (For more information on this important issue, see our previous CQD Journal reports.)The IMO Process A highly simplified version of the process IMO follows to create regulations is described below:
- Pertinent issues are brought to the attention of IMO's governing Council. If they deem the issue as critical to IMO's stated goals, the Council assigns the issue to the appropriate Committee.
- Committees such as the Marine Environmental Protection Committee, or the Maritime Safety Committee study and discuss each question. The Committee will assign the most pressing matters to a Working Group within the
committee.
- Working Groups such as the Ballast Water Working Group, gather, discuss and debate reports submitted through member nations. They must determine the foundation and specifics any legal instrument or guideline must
take. If a legal instrument has a clear majority of support, the Working Group and or the Committee will request the General Assembly delegates to approve and convene a diplomatic conference.
- More delegates and experts debate the issue at the diplomatic conference. Many of the legal instruments that reach this stage go on, in one form or another, to ratification.
- Ratification is the final rule making step for IMO. Delegates at the General Assembly are presented with an outline of a concise legal instrument or guideline. If ratified, IMO will promote these regulations to
the international community and request member governments implement the regulations within their respective countries.
Note - IMO is NOT involved in enforcement of its regulations. Such matters are left to the member countries . |
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The International Maritime Organization -
