Environmental Engineering Reference
In-Depth Information
force of technical regulations contained in IMO legal instruments. However, the
legality of this procedure has been hotly debated in IMO.
89
The
tacit acceptance
'
procedures also created a major challenge for least developed countries. Due to lack
of resources and technical expertise, it is very difficult for least developed countries
to keep pace with rapid development in international regulations. As observed by
A. O Adede:
Certain technical amendments may require the performance of certain acts or the assump-
tion of certain obligations which a developing State may not be able to accept readily,
because of technical, financial, or manpower reasons. For example, a series of amendments
might require that ships be maintained according to more stringent standards, that certain
ships be manned by a certain caliber of crew and personnel, or that certain new and more
sophisticated equipment be made available in either ships or ports. In each of these
instances, a developing country must evaluate thoroughly its financial, technological, and
manpower capacities before it can consent to be bound by the obligations flowing from such
amendments.
...
It does not seem reasonable to bind that State to such amendments by
default through the tacit acceptance procedure.
90
Despite these problems over the years, it has been proved that
'
tacit acceptance
'
procedures are very useful in expeditiously updating technical regulations
contained in the IMO conventions, particularly the IMO conventions concerning
the marine environment. However, this rapid development of international regula-
tions has not been supported by uniform worldwide implementation. This vertical
development in fact created a double standard in developed and developing coun-
tries. As will be discussed in the subsequent chapters, many IMO legal instruments
have not been properly implemented in developing countries. It is not unusual for
government officials in developing countries to be fully unaware about recent
amendments in IMO instruments.
91
'
Conclusion
IMO started its journey in 1958 and almost without any mandate for the
protection of the marine environment. However, in the last six decades its
mandate, institutional structure and role in the development of international
law for the protection of the marine environment from vessel-source pollution
expanded gradually. It has expanded its activities in regulating associated
areas like shipbreaking, which is mainly a land-based industry. In expanding
its activities concerning the marine environment, the organisation took a very
dynamic and innovative approach. Many State and non-State actors played a
major role in this development. Many outcomes in IMO negotiation processes
are ultimately a compromise between different
types of
inserters.
(continued)
89
See generally, Shi (
1988-1999
) and Adede (
1977
).
90
Adede (
1977
), p. 208.
91
Karim (
2009
), p. 75.
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