IMO Institutional Structure and Law-Making Process - Prevention of Pollution of the Marine Environment from Vessels - page 34

Organization” in connection with the adoption of international shipping rules and standards
in matters concerning maritime safety efficiency of navigation and the prevention and
control of marine pollution from vessels and by dumping In such cases, the expression

“competent international organization”, when used in the singular in UNCLOS, applies
exclusively to IMO, bearing in mind the global mandate of the Organization as a special-
ized agency within the United Nations system established by the Convention on the
International Maritime Organization ...

...

81

, these provisions widened the scope of
the application of the IMO instruments. For example, the IMO Assembly or the
MEPC may adopt a resolution introducing certain technical rules and standards not
included in IMO treaties. According to a report published by IMO,

By using the term rules and standards

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These resolu-
tions are normally adopted by consensus and accordingly reflect global agreement
by all IMO Members. Parties to UNCLOS are expected to conform to these rules
and standards, bearing in mind the need to adapt them to the particular circum-
stances of each case. Moreover, national legislation implementing IMO recommen-
dations can be applied with binding effect to foreign ships

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. 82 On the other hand,
IMO treaties are binding to contracting parties like any other legally binding
international instruments. However, there is scope for national legislation
implementing IMO treaties to apply with binding effect to foreign ships, even if
the flag State is not party to a particular treaty. This is because these treaties
represent generally-accepted rules and standards in certain circumstances and is
possible where UNCLOS creates a scope for application of generally-accepted
rules and standards to foreign vessels. UNCLOS created a dynamic opportunity
for IMO to develop international regulations for the protection of the marine
environment. Over the years, IMO showed a clear indication to make proper use
of this scope. As observed by R ¨ diger Wolfrum:
The Relationship between the UN Convention on the Law of the Sea and the IMO is not
static but, rather, dynamic. The Convention establishes a legal framework for States (flag
States, port States and coastal states) and international organizations to fill. The IMO has
made use of this opportunity most effectively. It was particularly successful in designing its
decision-making process in a manner which allowed it to exercise prescriptive powers and
to respond effectively and flexibly to the current challenges of marine safety and protection
of the marine environment. 83
However, IMO

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s innovative approach in the international law-making process is
not wholly inspired by or governed by UNCLOS. The principle that a port State can
enforce the requirement of an international legal instrument against a foreign ship
voluntarily visiting its port has been recognised by IMO legal instruments even
before the adoption of UNCLOS. 84 The 1969 International Convention on Civil
Liability for Oil Pollution Damage (CLC) included a provision that a port State

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81 Implications of the United Nations Convention on the Law of the Sea for the International
Maritime Organization, IMO Doc. LEG/MISC.7 (19 January 2012).
82 Ibid.
83 Wolfrum ( 1999 ), p. 234.
84 Mensah ( 2007 ), p. 57.