Environmental Engineering Reference
In-Depth Information
party of this convention must ensure that foreign vessels visiting its port must have
insurance or other security required by this convention. 85 This approach was further
expanded in the MARPOL Convention in 1973. 86 This approach initially faced
fierce opposition from some States because an international treaty cannot impose
obligations on third parties or adversely affect
the rights of third parties or
non-party States. 87
2.4.2 Tacit Acceptance
Most of the IMO technical conventions now have a provision for
.
IMO pioneered this concept in the international environmental law-making process,
although this concept is not entirely new. 88 Through the
tacit acceptance
'
'
process,
amendments to technical annexes of a convention come into force after a certain
period if a certain number of State parties do not oppose the adoption of the
amendment within that period and it is deemed to have been accepted by parties
who do not oppose the amendment within a time limit.
Initially, it was very difficult to enforce technical regulations in any IMO
instruments. This was despite the need for rapid change in the technical standard
stemming from the emerging threats to the marine environment and emerging
maritime safety issues. Many of the initial amendments to the IMO instruments
never came into effect because, in most cases, ratification or acceptance of at least
two-thirds of the parties was needed. This prompted IMO to introduce the system of
'
tacit acceptance
'
'
tacit acceptance
in the early 1970s. This procedure ensured prompt entry into
'
85 International Convention on Civil Liability for Oil Pollution Damage , opened for signature
29 November 1969, 973 UNTS 3 (entered into force 19 June 1975) (this convention is being
replaced by 1992 Protocol). According to article VII(11) of this convention “Subject to the
provisions of this Article, each Contracting State shall ensure, under its national legislation, that
insurance or other security to the extent specified in paragraph 1 of this Article is in force in respect
of any ship, wherever registered, entering or leaving a port in its territory, or arriving at or leaving
an off-shore terminal in its territorial sea, if the ship actually carries more than 2,000 tons of oil in
bulk as cargo.”
86 International Convention for the Prevention of Pollution from Ships, opened for signature
2 November 1973, 12 ILM 1319 (1973) as modified by the Protocol of 1978 to the 1973
Convention, opened for signature 17 February 1978, 1341 UNTS 3 (entered into force 2 October
1983) (MARPOL 73/78). For most recent version see MARPOL: Consolidated Edition 2011
(IMO, London, 2011) (hereinafter MARPOL 73/78). According to article 5 (4) of this convention
“With respect to the ships of non-Parties to the Convention, Parties shall apply the requirements of
the present Convention as may be necessary to ensure that no more favourable treatment is given to
such ships.”
87 Mensah ( 2007 ), p. 58.
88 The International Civil Aviation Organization (ICAO), the International Telecommunications
Union (ITU), the World Meteorological Organization (WMO) and the World Health Organization
(WHO) had process to amend technical and other regulations. IMO, Introduction, http://www.imo.
org/About/Conventions/Pages/Home.aspx , last accessed on 19 June 2014.
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