The Contribution of the International Maritime Organization to the Evolution of the Law of the Sea

Laura Carballo Piñeiro

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Chapter 2 The Contribution of the International Maritime Organization to the Evolution of the Law of the Sea

In: The Presence of International Organizations in the Evolution of the International Law of the Sea

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Laura Carballo Piñeiro

Laura Carballo Piñeiro
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Type:: Chapter

Pages:: 42–64

DOI:: https://doi.org/10.1163/9789004716315_005

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Abstract

As it stands nowadays, the law of the sea cannot be understood without taking into consideration the contribution of IMO to it. The Organization has managed to rise from a consultative inter-governmental body to a global standard-setting institution instrumental to the juridification of international maritime law due to the quasi-legislative powers it has acquired by enlarging the composition of its decision-making bodies to all members, favouring decision-making by consensus, and incorporating the simple amendment procedure and the no-more-favourable treatment principle to treaty-making. UNCLOS has been essential in this journey by providing the jurisdictional framework upon which the ‘competent international organization’ could safely allocate responsibilities among flag States, coastal States, and port States.

The juridification of the mare liberum has been made upon the flag State principle, by delving upon their rights and duties on board ships flying their flags. However, standard implementation by flag States has been recognized as the Achilles’ heel of the law of the sea. By the hand of IMO, the international community has put in place different strategies to overcome this failure. Analyzed in this chapter, they have given rise to some major contributions to the law of the sea such as the establishment of port State jurisdiction. Other relevant contributions can be found in the field of marine environmental protection despite the Organization having been criticized because of the prevalence of economic interests in decision-making at the expense of social and environmental concerns. The adoption of the Agreement under the UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ) provides an opportunity for IMO to overcome this narrow approach and favour precautionary and eco-system approaches to the ordering of the oceans and seas.

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The Presence of International Organizations in the Evolution of the International Law of the Sea

Thirty Years since the Entry into Force of UNCLOS

Series: Queen Mary Studies in International Law, Volume: 58

Cover The Presence of International Organizations in the Evolution of the International Law of the Sea

E-Book ISBN:: 9789004716315

Publisher:: Brill | Nijhoff

Print Publication Date:: 24 Feb 2025

Subjects
- Human Rights and Humanitarian Law
  - Humanitarian Law
- International Law
  - Law of the Sea

Front Matter

Part 1 Universal International Organizations

Part 2 Regional International Organizations and Institutionalized Cooperation Mechanisms

Part 3 European Union and the Oceans

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Chapter 2 The Contribution of the International Maritime Organization to the Evolution of the Law of the Sea

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The Presence of International Organizations in the Evolution of the International Law of the Sea

Thirty Years since the Entry into Force of UNCLOS

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