Implementation of IMO Legal Instruments: International Technical and Financial Cooperation - Prevention of Pollution of the Marine Environment from Vessels - page 134

administration. These departments may be involved in enforcement of different
regulations in the same field.
7.4.6 Economic Disincentive
As pointed out earlier, developing countries sometimes lack the incentive to
comply with international regulations. The situation may be more difficult in
cases where the developing countries consider implementation of international
regulations is counterproductive for them. With the shipbreaking industry, devel-
oping countries may consider that stringent enforcement of international regula-
tions may shut down an industry which provides them a huge amount of revenue
and livelihood for their poor people.
7.5 Reforming Institutional and Law Making Process
From the outset, IMO has been dominated by the developed countries with large
shipping interests. Prominent scholars have already suggested numerous changes
and reforms in the constitution of the organisation, including representation in the
Council, and greater financial contribution and better working processes for proper
functioning of the organisation. 44 As this topic is mainly focused on developing
States, it is important to particularly highlight here the issue of their representation
in the organisation.
Election of IMO Council members is divided into three categories. Members for
the first two categories are chosen from countries having the “largest interest in
providing international shipping services” and countries “with the largest interest in
international seaborne trade”. 45 The remaining category of seats is reserved for
countries “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”. 46
Although IMO is gradually expanding its work in all aspects of the marine
environment, there is no special representation from the developing countries
having particular interests as coastal States. This issue is now becoming very
important as IMO expands its work to new areas like the ship recycling industry.
44 Tan ( 2006 ), pp. 374 and 375.
45 Convention on the International Maritime Organization , opened for signature 6 March 1948,
article 1(a), 289 UNTS 48 (entered into force 17 March 1958) (hereinafter the IMO Convention
1948 or the IMCO Convention 1948). art. 17.
46 Ibid.