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The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 1959. Headquartered in London, United Kingdom, IMO currently has 175 Member States and three Associate Members.
Admiralty law or maritime law is a body of law that governs Nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. MARPOL 73/78, MARPOL is an amalgamation of the words "marine and pollution" in multiple languages and a short way to refer to the purpose of the convention. and 73/78 short for the years 1973 and 1978) It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.
Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.
The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed by President George H. W. Bush. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage; requires specific operating procedures; defines responsible parties and financial liability; implements processes for measuring damages; specifies damages for which violators are liable; and establishes a fund for damages, cleanup, and removal costs. This statute has resulted in instrumental changes in the oil production, transportation, and distribution industries.
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty that sets minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.
The American Bureau of Shipping (ABS) is an American maritime classification society established in 1862. Its stated mission to promote the security of life, property, and the natural environment, primarily through the development and verification of standards for the design, construction and operational maintenance of marine and offshore assets.
A bunker is a defensive military fortification.
The Prestige oil spill occurred off the coast of Galicia, Spain in November 2002, caused by the sinking of the 26-year-old, structurally deficient oil tanker MV Prestige, carrying 77,000 tonnes of heavy fuel oil. During a storm, it burst a tank on 13 November, and French, Spanish, and Portuguese governments refused to allow the ship to dock. The vessel subsequently sank on 19 November, about 210 kilometres (130 mi) from the coast of Galicia. It is estimated that it spilled 60,000 tonnes or a volume of 67,000 m3 (17.8 million US gal) of heavy fuel oil.
The IMO number of the International Maritime Organization is a generic term covering two distinct meanings. The IMO ship identification number, is a number used as a unique ship identifier, and the IMO company and registered owner identification number, is used to identify uniquely each company and/or registered owner managing ships of at least 100 gross tons (gt). The schemes are managed in parallel, but IMO company/owner numbers may also be obtained by managers of vessels not having IMO ship numbers. IMO numbers were introduced to improve maritime safety and reduce fraud and pollution, under the International Convention for the Safety of Life at Sea (SOLAS).
The Erika legislative packages of the European Union are maritime laws intended to improve safety in the shipping industry and thereby reduce environmental damage to the oceans.
Offshore oil spill prevention and response is the study and practice of reducing the number of offshore incidents that release oil or hazardous substances into the environment and limiting the amount released during those incidents.
The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as the CLC Convention, is an international maritime treaty admistered by the International Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving oil tankers.
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, often referred to as FUND92 or FUND, is an international maritime treaty, administered by the International Maritime Organization. The original FUND convention in 1969 was drawn up as an enhancement to CLC meant on one hand to relieve shipowners from unfair liabilities due to unforeseeable circumstances and on the other hand remove liability caps that some member states thought were too low. The fund is obliged to pay victims of pollution when damages exceed the shipowner's liability, when there is no liable shipowner, or when the shipowner is unable to pay its liability. The fund is also required to "indemnify the shipowner or his insurer" in spills where a ship is in full compliance with international conventions, and no wilful misconduct caused the spill.
The Hong Kong International Convention for the safe and environmentally sound recycling of ships, or Hong Kong Convention is a mulitateral convention adopted in 2009, which has not entered into force. The conference that created the convention was attended by 63 countries, and overseen by the International Maritime Organization (IMO).
The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty, as well as to all ships flying the flag of state party.
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 is an international maritime convention affirming the right of a coastal State to "take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty".
Emission control areas (ECAs), or sulfur emission control areas (SECAs), are sea areas in which stricter controls were established to minimize airborne emissions from ships as defined by Annex VI of the 1997 MARPOL Protocol.
The HNS Convention is an international convention created in 1996 to compensate for damages caused by spillage of hazardous and noxious substances during maritime transportation. The convention is officially known as the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996. The convention has not entered into force due to signatory states not meeting the ratification requirements. Canada, France, Germany, Greece, the Netherlands, Norway, and Turkey signed the 2010 protocol to the convention.
The International Convention for the Control and Management of Ships' Ballast Water and Sediments is a 2004 international maritime treaty which requires signatory flag states to ensure that ships flagged by them comply with standards and procedures for the management and control of ships' ballast water and sediments. The Convention aims to prevent the spread of harmful aquatic organisms from one region to another and halt damage to the marine environment from ballast water discharge, by minimising the uptake and subsequent discharge of sediments and organisms. From 2024, all ships are required to have approved Ballast Water Management Treatment System, according to the D2 standard. Existing ships are required to install an approved system, which may cost up to 5 million USD per ship to install. To assist with implementation, the IMO has released 14 Guidance documents in regards to the Convention including the G2 Guidelines for Ballast Water Sampling, G4 Guidelines for Ballast Water management and G6 Guidelines for Ballast Water Exchange. As of 15 July 2021, 86 countries were contracting States to the BWM Convention.
References
- ↑ "International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)". www.imo.org. Archived from the original on 12 July 2017. Retrieved 30 June 2017.
- ↑ "International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (London, 23 March 2001) – ATS 14 of 2009”. Australasian Legal Information Institute, Australian Treaties Library. Retrieved on 18 April 2017.
- 1 2 "Entry into force of Bunker Convention – GARD". www.gard.no. Retrieved 30 June 2017.
- ↑ MARISEC (2009). Shipping Industry Flag State Performance Table (PDF). London: Maritime International Secretariat Services. pp. 1–2. Retrieved 12 June 2010.
- ↑ "LIABILITY AND COMPENSATION FOR SHIP-SOURCE OIL POLLUTION" (PDF). unctad.org. United Nations Conference on Trade and Development. 31 January 2012. pp. 20, 23. Retrieved 30 June 2017.
[p20:] However, in some cases, substantial compensation may be available under applicable national law, as for instance in the case of the United States Oil Pollution Act 1990 (OPA 1990). [and p23:] [Non-signatories] includes notably the United States, where, however, strong national legislation to provide for liability and compensation has been enacted.
- ↑ "International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001". www.ecolex.org. Retrieved 30 June 2017.