The International Maritime Organization (IMO), known as the Inter-Governmental Maritime Consultative Organization (IMCO) is a specialized agency of the United Nations responsible for regulating shipping. On the other hand the United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982.
- Foundation: The Convention on the International Maritime Organization was prepared and opened for signature and acceptance by the United Nations Maritime Conference convened by the Secretary-General of the United Nations pursuant to Economic and Social Council resolution 35 (IV). The Conference met at Geneva from 19 February to 6 March 1948. While UNCLOS, as a law of the sea came into operation and became effective from 16th November 1982.
- Member states: IMO has headquartered in London, United Kingdom, and currently has 173 Member States and three Associate Members. On the otherhand as of June 2016, 167 countries and the European Union have joined UNCLOS.
- Main Objective: IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented. The United Nation on Convention of Seas lays down a comprehensive regime of law and order in the world’s ocean and seas establishing rules governing all uses of the ocean and their resources. It enshrines the notion that all problems of the ocean space are closely interrelated and need to be addressed as a whole.
- Main Purpose and Role: The IMO’s primary purpose is to develop and maintain a comprehensive regulatory framework for shipping and its remit today includes safety, environmental concerns, legal matters, technical co-operation, maritime security and the efficiency of shipping. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The law of the sea provides for full money rights to nations for a 200-mile zone by their shoreline. The sea and oceanic bed extending this area is regarded to be Exclusive Economic Zone (EEZ) and any country can use these waters for their economic utilization.
- Administration: IMO is governed by an assembly of members and is financially administered by a council of members elected from the assembly. The work of IMO is conducted through five committees and these are supported by technical subcommittees. Other UN organisations may observe the proceedings of the IMO. Observer status is granted to qualified non-governmental organisations. IMO is supported by a permanent secretariat of employees who are representative of the organization’s members. The secretariat is composed of a Secretary-General who is periodically elected by the assembly, and various divisions such as those for marine safety, environmental protection and a conference section.
On the other hand, in case of UN Law of Sea Convention the Secretary General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the UN has no direct operational role in the implementation of the Convention. There is, however, a role played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Seabed Authority (ISB).
So as we can observe both IMO and UNCLOS helps to regulate commercial exploitation in the seas. Through IMO, the Organization’s Member States, civil society and the shipping industry are already working together to ensure a continued and strengthened contribution towards a green economy and growth in a sustainable manner. The promotion of sustainable shipping and sustainable maritime development is one of the major priorities of IMO in the coming years. Similarly UNCLOS, as legal power also ensures that there would not be any problems arising between various countries over the oceanic floor and bed space.
- Anuttama Ghose, Assistant Professor of Law, Indian Institute of Legal Studies, Siliguri.
