Introduction - Prevention of Pollution of the Marine Environment from Vessels - page 10

1.4 Scope and Perspective of the Topic

IMO experienced a gradual expansion of its mandate and activities for the prevention
of marine pollution from ships. This organisation is arguably the most dynamic
environmental law-making global institution. It is truly remarkable that the organisa-
tion

s mandate and activities in respect to the marine environment have become very
wide-ranging in the last six decades, despite the fact that initially it was established just
as a consultative forum and did not have any explicit environmental mandate. This
type of radical change of the mandate of a global intergovernmental organisation is not
very common in the history of modern international institutions. This topic aims to
discuss this dynamic development, and endeavours to provide a critical overview of
the IMO legal instruments concerning marine environment, with particular focus on
the emerging issues like GHG emissions, shipbreaking and antifouling.
A critical examination of the role of IMO in the protection of the marine environ-
ment first warrants the determination of IMO

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s mandate. Chapter 2 of this topic
explores this mandate, both in the context of IMO

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s Constitution and international
law governing the protection of the marine environment. This chapter will also present
an overview on the institutional structure and the law-making process of IMO.
As observed above, the MARPOL 73/78 Convention is the most significant of the
IMO legal instruments for the prevention of vessel-source marine pollution.
Chapter 3 of this topic particularly focuses on the MARPOL 73/78 Convention.
This chapter will also present a brief overview of the IMO liability and compensation
conventions. Particularly Sensitive Sea Areas (PSSAs), as well as IMO legal instru-
ments related to oil pollution preparedness, response, co-operation and intervention,
will also be covered in this chapter to give an indication of the background to the IMO
marine environmental legal instruments and the context of the IMO activities.
Apart from conventional vessel-source pollution, international shipping has
many other unintended impacts on the marine environment. One such impact is
that of harmful aquatic organisms carried by ballast water and introduced by
bio-fouling. The spread of invasive aquatic species through bio-fouling may poten-
tially have a devastating impact on the marine biodiversity of a certain region. In
particular, invasive alien species introduced by ballast waters and bio-fouling may
destroy the ecosystem and, simultaneously, some chemical elements in the anti-
fouling paints may be harmful for the aquatic environment. Chapter 4 will present a
brief overview of IMO legal instruments covering these issues.
Chapter 5 of this topic deals with shipbreaking. The shipbreaking industry, also
known as the ship-recycling or ship-dismantling industry, is an ultra-hazardous
industry. Expansion of IMO

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s law-making activities in this area is very significant
because shipbreaking is a land-based industry, mainly located in a few developing
countries. The debate surrounding IMO legal instruments in this area has revealed the
clear divide between IMOMember States along the north-south line. The debate also
highlights the relevance of the principle of Common but Differentiated Responsibil-
ities (CBDR), both in law-making and implementation mechanisms and in IMO

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srole

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in the technical assistance sphere. This chapter will highlight these issues.