Introduction - Prevention of Pollution of the Marine Environment from Vessels - page 11

A major contemporary issue in the IMO marine environmental discourse is the
reduction of emissions of GHGs from international shipping. This issue imported
the great north-south divide into the IMO law-making process from the United
Nations Framework Convention on Climate change (UNFCCC) 43 negotiation pro-
cess. This issue attracted a very strong and lively debate between developed and
developing countries on a number of issues, including the IMO principles of
non-discrimination and CBDR, the competence of IMO, and technology transfer
and technical assistance. Chapter 6 will present a critical analysis of these issues in
the context of IMO and climate change.
One of the main problems in the marine environmental protection initiative is the
non-implementation of IMO legal instruments in developing countries. This has
cast a shadow over the overall effectiveness of IMO marine environmental regimes,
and is related to the issue of technical and financial assistance. Chapter 7 of this
topic elaborates upon these issues.
Some IMO marine environmental legal instruments, such as the MARPOL 73/78
Convention, have been elaborately and critically analysed in the existing literature.
Therefore, this topic focuses on new and emerging issues like bio-fouling, ship
recycling and the reduction of GHG emissions in international shipping. It will also
particularly focus on the gradual development of IMO s institutional structure and

the implementation and enforcement of IMO legal instruments. This discussion will
also highlight an often-overlooked aspect in the IMO discourses, being the per-
spectives of the global south.

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References

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Boyle AE (1985) Marine pollution under the law of the sea convention. Am J Int Law 79:342-372
Charney JI (1995) The protection of marine environment by the 1982 United Nations Convention
on the law of the sea. Georgetown Int Environ Law Rev 7:731-738
Greenberg EVC (1976) IMCO: an environmentalist ' s perspective. Case West Reserve J Int Law
8:131-148
Johnson DHN (1963) IMCO: the first four years (1959-1962). Int Comp Law Q 12:31-55
Juda L (1977) IMCO and the regulation of ocean pollution from ships. Int Comp Law Q 26:558-
584
Kimball LA (1995) The law of the sea and marine environmental protection. Georgetown Int
Environ Law Rev 7:745-748
McConnell ML, Gold E (1991) The modern law of the sea: framework for the protection and
preservation of marine environment? Case West Reserve J Int Law 23:83-105

43 United Nations Framework Convention on Climate Change , opened for signature 4 June 1992,
1771 UNTS 107 (entered into force 21 March 1994) (UNFCCC).