Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 68

seastar in Australia. 23 This situation prompted several States to take individual
action against the introduction of invasive aquatic species, brought by ships enter-
ing their ports. 24 However, as a global concern, this issue demanded concerted and
co-ordinated action based on globally applicable international regulations. Consi-
dering this situation, IMO introduced a legally binding international legal instru-
ment for management of ballast water. To prevent the potentially devastating
effects from the spread of harmful aquatic organisms carried by ships ballast

water, the global community in 2004 adopted the International Convention for
the Control and Management of Ship ' s Ballast Water and Sediments (BWM
Convention). 25 The BWM Convention requires ships to implement a Ballast
Water and Sediments Management Plan. 26 Flag States

'

ships must carry a Ballast
Water Record Book. 27 Moreover, ships will be required to carry out a ballast water
management process. 28

'

4.2.3 General Obligations Under the BWM Convention

The BWM Convention has 22 articles incorporating general obligations and pro-
visions. The technical provisions regarding the management of ballast water have
been included in the regulations listed in the Annex to the Convention. The Annex
is an integral part of the Convention. 29
The BWM Convention defines Harmful Aquatic Organisms and Pathogens to
mean aquatic organisms or pathogens which, if introduced into the sea including

estuaries, or into fresh water courses, may create hazards to the environment,
human health, property or resources, impair biological diversity or interfere with
other legitimate uses of such areas

'

. 30

water with its
suspended matter taken on board a ship to control trim, list, draught, stability or
stresses of the ship

' It defines Ballast Water as '

. 31 For the purpose of the Convention, sediments are defined as '

. 32 The BWM Convention

matter settled out of Ballast Water within a ship

' '

23 Gollasch et al. ( 2007 ), p. 586.
24 Donner ( 2010 ), p. 197.
25

International Convention for the Control and Management of Ship ' s Ballast Water and Sedi-
ments 2004, IMO Doc. BWM/CONF/36 (16 February 2004) (not yet in force) (hereinafter BWM
Convention). On Ballast Water, see generally, Firestone and Corbett ( 2006 ), Tsimplis ( 2005 ),
Ciesla ( 2004 ), and O ' Shea and Cangelosi ( 1996 ).
26

BWM Convention, reg. B-1.
27 BWM Convention, reg. B-2.
28 BWM Convention, reg. B-3.
29 BWM Convention, art. 2(2).
30 BWM Convention, art. 1(8).
31 BWM Convention, art. 1(2).
32 BWM Convention, art. 1(11).