Conclusion - Prevention of Pollution of the Marine Environment from Vessels - page 145

Chapter 8
Conclusion

Despite initially lacking a mandate, the International Maritime Organisation (IMO)
has played a key role in the development of international regulations for the
prevention and control of marine pollution from ships. Since its establishment in
1958, the last six decades have seen the organisation undergo a gradual expansion
in respect of its mandate and institutional structure for the prevention of marine
pollution from ships.
From the outset, development of international legal instruments for the preven-
tion and control of marine pollution from ships under the auspices of IMO has been
characterised by differing interests among State- and non-State actors. State inter-
ests are divided into coastal, port, flag, flag of convenience, international shipping,
cargo or business, developed, developing, and least developed countries. Like any
other international organisation dealing with environmental issues, North-South
tensions have also been prevalent within IMO. However, the interrelationship of
different State interests within the IMO negotiation process is more dynamic than
the North-South dimension. Initially, the IMO negotiation process was characterised
mainly by the tension between, on the one hand, port and coastal States willing to
impose more stringent regulations for the protection of their marine environment and,
on the other, the flag States ' interest in ensuring free navigation for their ships.
However, differences of interests between developed and developing countries,
linked closely with global environmental politics, have become more apparent in
the IMO discourses. These differences manifested, for example, in the context of
IMO

s recent initiatives for promoting international regulation for the reduction of
greenhouse gas emissions from ships and for regulating environmental pollution
from the shipbreaking industry. The opinions of developed and developing countries
were sharply divided on these two issues, and debate went far beyond the dichotomy
between coastal, port and shipping interests. This debate also showed that developing
countries hold serious reservations in respect to IMO itself; at one stage, these
countries even challenged IMO

'

s competence in promoting legal instruments

'

in this particular area. Nevertheless, this challenge was unsuccessful and the