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The Elgar Companion to the Law and Practice of the International Maritime Organization
This Companion sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans. Laura Carballo Piñeiro and Maximo Q. Mejia Jr. bring together a diverse range of international experts to outline the development and impact of the IMO as an institution.
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Critical Acclaim
Contents
More Information
This Companion sheds light on the law and practice of the International Maritime Organization (IMO), which plays a key role in securing safe, secure, and efficient shipping on clean oceans.
Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization.
Comprehensive in scope, The Elgar Companion to the Law and Practice of the International Maritime Organization is an essential resource for students and scholars of public and private international law, transport law, and governance studies. Policymakers, legislators and practitioners working in international maritime law will also benefit from the broad coverage of legislation and policy issues.
Considering core elements of IMO history, this insightful Companion delineates how the Organization has revitalized its law-making powers, encompassing an increasing number and range of maritime-related activities. Taking into account the perspectives of flag, port, seafaring, and ship-owning states, the chapters focus on areas of increasing concern such as compliance and enforcement, and ocean governance. Expert contributors critically examine the efforts made and limitations encountered by the IMO in contributing towards achieving the United Nations Sustainable Development Goals, exploring the potential for building a sustainable and inclusive maritime governance. Ultimately, this Companion showcases how the IMO evolved from an ostensibly consultative inter-governmental forum into an active global standards-setting organization.
Comprehensive in scope, The Elgar Companion to the Law and Practice of the International Maritime Organization is an essential resource for students and scholars of public and private international law, transport law, and governance studies. Policymakers, legislators and practitioners working in international maritime law will also benefit from the broad coverage of legislation and policy issues.
Critical Acclaim
‘The Elgar Companion to the Law and Practice of the International Maritime Organization is a timely, balanced and statistically thorough work dealing with the ongoing efforts of the IMO to support the maritime community. In light of the recent developments affecting the maritime industry such as concerns over environmental degradation, potential blockages of major maritime arteries, insecurities that may be caused by various geopolitical issues and responses to pandemics, the IMO is not an uninvolved bystander but a major contributor to balancing international trade interests through various laws. The book through various exceptional authors provides a strong exposition, a technical analysis coupled with methods of application of the IMO models of modern regulatory systems. This book is a compelling read that must be part of every government department involved with policy and every law office involved with the maritime industry and the supply chain world. Most importantly the book must be included in maritime academic literature in libraries across the world for tools to build a sustainable, solutions focused, equitably inclusive, safe prosperous future the world over.’
– Portia Ndlovu, Massachusetts Maritime Academy, US
– Portia Ndlovu, Massachusetts Maritime Academy, US
Contents
Contents
Preface xiii
1 Introduction to the law and practice of the International Maritime Organization 1
Laura Carballo Piñeiro and Maximo Q. Mejia, Jr
2 Basic institutional features and activities of the IMO 15
Agustín Blanco-Bazán
3 IMO legal powers 35
Dorota Lost-Sieminska and Simone Egerton
4 The IMO and gender equality 53
Irini Papanicolopulu
5 Maritime law and governance 68
Deniece M. Aiken
6 The IMO and treaties: appraisal of the IMO’s contribution to future
ocean governance 84
Alla Pozdnakova
7 The role and function of soft law in the IMO Domain 110
Proshanto K. Mukherjee
8 The IMO’s Maritime Safety Committee 127
Maximo Q. Mejia, Jr
9 The role of the International Maritime Organization in promoting
maritime security 152
Osatohanmwen (Osato) Anastasia Eruaga
10 The role of the IMO in promoting environmental protection 175
Michael Tsimplis
11 The IMO and Private Law: Bridging the Public/Private Law Divide by
Applying the UN Guiding Principles on Business and Human Rights 202
Laura Carballo Piñeiro
12 The IMO and the human element 220
Momoko Kitada and Moira L. McConnell
13 The IMO and the future of shipping 240
Khanssa Lagdami and Mirza Zeeshan Baig
14 The International Maritime Organization and the fisheries sector 260
José Manuel Sobrino Heredia and Gabriela A. Oanta
15 The IMO and the implementation of mandatory instruments 279
Rebecca Prentiss Pskowski
16 Implementation of IMO instruments from a flag state perspective 299
Anish Arvind Hebbar
17 Implementation of IMO instruments from a port state perspective 325
Nelson F. Coelho
18 The implementation of IMO instruments: perspectives from the
Philippines as a seafarer-supplying state 348
Jean Ver P. Pia, Roderick G. Galam and Jabeth Sena Jepath A. Dacanay
19 Implementation of IMO instruments from a shipowning state perspective 374
Iliana Christodoulou-Varotsi
Preface xiii
1 Introduction to the law and practice of the International Maritime Organization 1
Laura Carballo Piñeiro and Maximo Q. Mejia, Jr
2 Basic institutional features and activities of the IMO 15
Agustín Blanco-Bazán
3 IMO legal powers 35
Dorota Lost-Sieminska and Simone Egerton
4 The IMO and gender equality 53
Irini Papanicolopulu
5 Maritime law and governance 68
Deniece M. Aiken
6 The IMO and treaties: appraisal of the IMO’s contribution to future
ocean governance 84
Alla Pozdnakova
7 The role and function of soft law in the IMO Domain 110
Proshanto K. Mukherjee
8 The IMO’s Maritime Safety Committee 127
Maximo Q. Mejia, Jr
9 The role of the International Maritime Organization in promoting
maritime security 152
Osatohanmwen (Osato) Anastasia Eruaga
10 The role of the IMO in promoting environmental protection 175
Michael Tsimplis
11 The IMO and Private Law: Bridging the Public/Private Law Divide by
Applying the UN Guiding Principles on Business and Human Rights 202
Laura Carballo Piñeiro
12 The IMO and the human element 220
Momoko Kitada and Moira L. McConnell
13 The IMO and the future of shipping 240
Khanssa Lagdami and Mirza Zeeshan Baig
14 The International Maritime Organization and the fisheries sector 260
José Manuel Sobrino Heredia and Gabriela A. Oanta
15 The IMO and the implementation of mandatory instruments 279
Rebecca Prentiss Pskowski
16 Implementation of IMO instruments from a flag state perspective 299
Anish Arvind Hebbar
17 Implementation of IMO instruments from a port state perspective 325
Nelson F. Coelho
18 The implementation of IMO instruments: perspectives from the
Philippines as a seafarer-supplying state 348
Jean Ver P. Pia, Roderick G. Galam and Jabeth Sena Jepath A. Dacanay
19 Implementation of IMO instruments from a shipowning state perspective 374
Iliana Christodoulou-Varotsi
