“

THE ROLE OF GOVERMENT, IMO AND

OTHER REGULATORY BODIES IN
EFFECTING WORLD MARITIME
SAFETY
RENO B. BOLIVAR
LEARNING OBJECTIVES
At the end of the session the participants:

 Examine the individual programs, mandates and

objectives of the different maritime regulatory bodies for
the maritime industry

 Emphasize the need of governmental intervention for the

efficient management of the maritime industry
WHAT IS THIS?
is an intergovernmental organization that aims to maintain international peace and
security, develop friendly relations among nations, achieve international
cooperation, and be a centre for harmonizing the actions of nations. It is the world's
largest, most familiar, most representative, and most powerful international
organization. The UN is headquartered on international territory in New York City
and has other main offices in Geneva, Nairobi, Vienna, and The Hague.
UN History/Background
 Established after World War II with the aim of preventing
future wars.
 Adopted on 25 June 1945 and took effect on 24 October
1945
 Headquartered on international territory in New York
City and has other main offices in Geneva, Nairobi,
Vienna, and The Hague.
 As of 2021 ,194 member state
HOW EXACTLY UN WORKS?

VIDEO
UN ORGANS
QUESTIONS?
“
Safe, secure and efficient
shipping on clean
oceans.
- is a functional organization of the United Nations (UN)
that regulates international shipping activities
worldwide.
 How about IMCO?

- Intergovernmental Maritime Consultative Organization (IMCO)

“It is the former name of the IMO”

 Purpose of Creating IMCO
 To provide machinery for co-operation between governments on technical
matters affecting shipping in order to encourage high safety standards.

 To encourage the removal of discriminatory and restrictive actions by

government and thereby to promote the free availability of shipping services for
the benefits of world trade.

 To enable the organization to consider unfair restrictive practices by shipping

concerned.

 To consider shipping matters referred to it by other organs of the United Nation.

 Generally to assist in the exchange of information between government on

maritime issue.
 IMCO/IMO History and
Development
 1889 - The idea was started of establishing a permanent International Commission on Maritime
Affairs during the International Conference held in Washington.

 1926 - An attempt to establish the same by the International law Association.

 1934 - Still an attempt to establish the same by the Institute of International Law.

 1948 - United Nation System convened in 1948 and entrusted with the task of preparing a
convention on the establishment of an Inter Governmental Maritime Consultative Organization. The
international Conference in Geneva Switzerland adopted a Convention formally establishing IMCO.
IMCO was adopted and opened for signature in March 1948.

 1956 - Ratification for the IMCO Convention.

IMCO/IMO History and
Development
 1958 - IMCO Convention was entered into force.

 1959 - The first IMCO meeting was conducted. Date when IMCO was inaugurated.

 1960 - IMCO adopted the new version (3rd ) of SOLAS considered to be the most
important of all treaties dealing with maritime safety. Entered into force 1965. (amended
1974 new version)

 1964 - Philippine joined IMCO and became a member.

 1967 - The “Torrey Canyon” an oil spill incident gave birth to the MARPOL 73/78.

 1970 - International Mobile Satellite Organization (IMSO) was established and greatly
improved.

 1982 - The name IMCO was changed to IMO.

 IMO Background
Of the various industries that have been flourishing around the world, ‘Shipping’ can
be considered as the truly international industry. This is because it serves more than
90% of the world’s trade by cargo transportation and other merchant ships that do so
cleanly and cost-effectively. As a result, any particular ship can be governed by a
management chain that spans many countries, also these ships spend most of their
times at sea between various jurisdictions.

Therefore, it was felt at the beginning of the last century that there was a need of a
universal governing body that in turn laid down rules and standards to regulate the
shipping process and the industry worldwide.

Thus the INTERNATIONAL MARITIME ORGANIZATION came into being.

IMO Objectives
It is summarized by the phrase:

“Safe, secure and efficient shipping on clean

oceans”.
IMO Purpose

 The main mission and responsibility of the International

maritime organization are to develop and preserve a
comprehensive framework of regulations and policies for
the shipping industry and its activities like the maritime
security, safety, technical cooperation, environmental
concerns and legal matters.
IMO HEADQUARTER

Albert Embankment, Lambeth, London

 IMO Structure

The organization consist of an ASSEMBLY, A COUNCIL

and FOUR MAIN COMMITTEES :
• the Maritime Safety Committee
• the Marine Environment Protection
• the Legal Committee
• the technical Co-operation Committee.
ASSEMBLY
ASSEMBLY
 Comprising all member states.
 The highest governing body of the organization.
 Consists of all Member States that meet once every two
years.
 Responsible for approving the work programme, voting
the budget and determining the financial arrangement of
the Organization.
 Elects the Council.
COUNCIL
COUNCIL
 The Council is the executive organ of IMO and is responsible,
under the Assembly, for supervising the work of the
Organization. Between sessions of the Assembly, the Council
performs all the functions of the Assembly, except that of
making recommendations to Governments on maritime safety
and pollution prevention.

 The Assembly, which normally meets once every two years in

regular session, is responsible, among other things, for electing
the Organization's 40-Member Council.

 Council composed of 3 categories (CATEGORY A,B,C)

COUNCIL
Category (A) 10 States with the largest interest in
providing international shipping services:

China, Greece, Italy, Japan, Norway, Panama,

Republic of Korea, Russian Federation, United
Kingdom, United States.
COUNCIL
Category (B) 10 States with the largest interest in
international seaborne trade:

Argentina, Australia, Brazil, Canada, France,

Germany, India, the Netherlands, Spain and the
United Arab Emirates.
COUNCIL
Category (C) 20 States not elected under (a) or (b) above,
which have special interests in maritime transport or
navigation and whose election to the Council will ensure the
representation of all major geographic areas of the world:

Bahamas, Belgium, Chile, Cyprus, Denmark, Egypt,

Indonesia, Jamaica, Kenya, Kuwait, Malaysia, Malta,
Mexico, Morocco, Peru, the Philippines  , Singapore,
South Africa, Thailand and Turkey.
THE MARITIME SAFETY COMMITTEE (MSC)
 Comprising 14 members of which not less than 8 were to come from the
largest ship owning nations.

 The Maritime Safety Committee (MSC) deals with all matters related to
maritime safety and maritime security which fall within the scope of IMO,
covering both passenger ships and all kinds of cargo ships. This includes
updating the SOLAS Convention and related codes, such as those covering
dangerous goods, life-saving appliances and fire safety systems. The MSC
also deals with human element issues, including amendments to the STCW
Convention on training and certification of seafarers. The MSC has a wide
range of issues on its current agenda, including goal-based standards,
autonomous vessels, piracy and armed robbery against ships, cyber
security, e-navigation and the modernization of the Global Maritime
Distress and Safety System (GMDSS).
THE MARINE ENVIRONMENT
PROTECTION COMMITTEE (MSPC)
 Consist of all Member States, is empowered to consider any
matter within the scope of the Organization concerned
with prevention and control of pollution from ships.

 It is concern with the adoption and amendment of

conventions and other regulations and measures to ensure
their enforcement.

 It was first established as a subsidiary body of the

Assembly and raised to full constitutional status in 1985.
 SUB-COMMITTEES
The MSC and MEPC are assisted in their work by a number of sub-
committees which are open to all Member States. The committees are:
 Sub-Committee on Human Element, Training and Watchkeeping
(HTW)
 Sub-Committee on Implementation of IMO Instruments (III)
 Sub-Committee on Navigation, Communications and Search and
Rescue (NCSR)
 Sub-Committee on Pollution Prevention and Response (PPR)
 Sub-Committee on Ship Design and Construction (SDC)
 Sub-Committee on Ship Systems and Equipment (SSE)
 Sub-Committee on Carriage of Cargoes and Containers (CCC)
THE LEGAL COMMITTEE
 Consist of all Member States, Empowered to deal with
any legal matters within the scope of the Organization.

 Established in 1967 as a subsidiary body to deal with the

legal questions which arose in the aftermath of the Torrey
Canyon disaster.
THE TECHNICAL
 Concern with
CO-OPERATION the implementation of technical co-
COMMITTEE
operation projects for which the Organization acts as the
executing or co-operating agency and other matters
related to the Organization’s activities in the technical co-
operation field.

 Established in 1969 as a subsidiary body of the Council

and was institutionalized by means of an amendment and
entered into force in 1984.
THE FACILITATION COMMITTEE
 A subsidiary body of the Council established in 1972 and deals
with the IMO’s work in eliminating unnecessary formalities and
“red tape” in international shipping.

 Institutionalized in 1991 through amendment putting it on the

same standing as the other Committees but was not yet put into
force.

 Concerned to improve governmental documentary and physical

requirements and procedures for the entry and clearance of
ships, their passengers and cargo.
THE SECRETARIAT

 Consist of the Secretary-General and nearly 300

personnel based at the headquarters of the
Organization in London.
 LEGAL IMPLEMENTATION
 IMO regularly enacts regulations, which are broadly enforced
by national and local maritime authorities in member countries,
such as SOLAS, MARPOL, STCW, MLC 2006 , etc. The
IMO has also enacted a Port State Control (PSC) authority,
allowing domestic maritime authorities such as coast guards to
inspect foreign-flag ships calling at ports of the many port
states. Memoranda of Understanding (protocols) were signed
by some countries unifying Port State Control procedures
among the signatories.
STRUCTURES OVERVIEW
 IMO Members

 To become a member of the IMO, a state ratifies a

multilateral treaty known as the Convention on the
International Maritime Organization. As of 2020, there are
177 member states of the IMO, In additon, Hongkong,
Macau, Faroe Islands total of 177 .The first state to ratify the
convention was the United Kingdom in 1949.
 IMO SECRETARY GENERAL
The current Secretary-General is Kitack Lim (South Korea), elected for a four-year term at the 114th
session of the IMO Council in June 2015 and at the 29th session of the IMO's Assembly in November
2015. His mandate started on 1 January 2016. At the 31st session of the Assembly in 2019 he was re-
appointed for a second term, ending on 31 December 2023
The International Labour Organization (ILO) is a United Nations (U.N.)
agency. The goal of the ILO is to advance social and economic justice by
setting international labor standards. The ILO has 187 member states and is
headquartered in Geneva, Switzerland, with approximately 40 field offices
around the world. The standards upheld by the ILO are broadly intended to
ensure accessible, productive, and sustainable work worldwide in
conditions of freedom, equity, security, and dignity.
 ILO Main Objectives
The ILO has four strategic objectives

 Promote and realize standards and fundamental principles

and rights at work
 Create greater opportunities for women and men to
decent employment and income
 Enhance the coverage and effectiveness of social
protection for all, and
 Strengthen tripartism and social dialogue
HOW ILO and IMO connected?

 Maritime Labour Convention 2006 was aligned to the

ILO standards.