IMO Conventions

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IMO Conventions IMO Conventions

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IMO Conventions

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• IntroductionIntroduction •

• Adopting a conventionAdopting a convention • • AccessionAccession • • AmendmentsAmendments • • DefinitionsDefinitions •

• Depositary Information on IMO ConventionsDepositary Information on IMO Conventions •

• EnforcementEnforcement •

• Entry into forceEntry into force •

• Action DatesAction Dates •

• Tacit acceptance procedureTacit acceptance procedure •

• National legislation implementing IMO ConventionsNational legislation implementing IMO Conventions •

• Signature, ratification, acceptance, approval and accessionSignature, ratification, acceptance, approval and accession •

• Signature subject to ratification, acceptance or approvalSignature subject to ratification, acceptance or approval •

• Model LegislationModel Legislation •

• Status of IMO conventionsStatus of IMO conventions •

• SecretariatSecretariat •

• Registration with the United Nations and United Nations Treaty SeriesRegistration with the United Nations and United Nations Treaty Series •

• Publication of the ConventionsPublication of the Conventions •

• IMO ConventionsIMO Conventions

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o A. Convention on the International Maritime OrganizationA. Convention on the International Maritime Organization o

o B. Conventions on Maritime SafetyB. Conventions on Maritime Safety o

o C. Conventions on Prevention of Marine pollutionC. Conventions on Prevention of Marine pollution o

o D. Conventions on Liability and compensationD. Conventions on Liability and compensation o

o E. Conventions on Other subjectsE. Conventions on Other subjects

Introduction

The creation of IMO coincided with a period of tremendous change in world shipping and the Organization The creation of IMO coincided with a period of tremendous change in world shipping and the Organization

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was kept busy from the start developing new conventions and ensuring that existing instruments kept pace wit changes in shipping technology. It is now responsible for more than 40 international conventions and

agreements and has adopted numerous protocols and amendments.

These pages are devoted to IMO Conventions specifically. It may be useful to also refer to the Researchers Guide pages on Information Resources on Treaties in general.

Adopting a convention Accession

Amendments

The IMO website should be consulted for information on the latest amendments or editions. Requests for amendments which are not yet published may be made to the national administration whose responsibility it is to disseminate IMO information.

IMO Member States, Non-Governmental Organisations and Intergovernmental Organizations( IGO’s) have access to them through the IMODOCS database.

Definitions

The information in brackets refers to the articles of the Vienna Convention on the Law of Treaties, 23 May 1969.

Treaty

"an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation" (Article 2, paragraph 1[f]). Party

a State which has consented to be bound by the treaty and for which the treaty is in force (Article 2, paragraph 1[g]).

Plenipotentiary

a person (esp. a diplomat) invested with the full power of independent action. Date of acceptance

when a state becomes a party to a treaty; may mean either by "signature subject to acceptance" (analogous to ratification) or by acceptance without prior signature (analogous to accession). The text of the treaty usually establishes which meaning of "acceptance" is meant.

Date of accession

when a state becomes a party to a treaty of which it is not a signatory. The right of

accession is independent of the entry into force of the treaty; that is, a state may accede to a treaty which has not yet entered into force.

Date of adoption

when states participating in the negotiation of a treaty agree on its final form and content. This usually occurs before signature.

Date of denunciation

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Date of entry into force

when a treaty becomes binding upon the states which have expressed their willingness to be bound by it. This is usually triggered by a clause in the text of the treaty saying

something like "this treaty shall enter into force when n states have signed it ..." Date of ratification

when a state makes a final formal expression of its consent to be bound by a treaty. This usually occurs after signature.

Date of reservations

when a state makes "a unilateral statement, however phrased or named, ... , when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State" (Article 2, paragraph 1[d]). Important note: the United Nations Treaty Database contains information about national reservations to particular treaties.

Date of signature

when a state expresses its consent to be bound by a treaty. Such consent is expressed "when (a) the treaty provides that signature shall have that effect; (b) it is otherwise established that the negotiating States were agreed that signature should have that effect; or (c) the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation."

Date of succession

when a newly constituted state becomes a party to a treaty by expressing its willingness to be bound by international agreements that were entered into by a predecessor state or

states. E.g. Russia might state its willingness to be bound by treaties entered into by the former Soviet Union.

Further information can be found in the United Nations Treaty Reference Guide and in the Researchers Guide: Treaties - General.

Depositary Information on IMO Conventions Enforcement

Entry into force

Action Dates (Entry into force dates)

Tacit acceptance procedure

National legislation implementing IMO Conventions

References to national government gazettes or official journals is made in the Sources and Citations of IMO Conventions.

A list of websites for National law gazettes, treaty collections and journals is available on the website of the Max Planck Institute for Comparative Public Law and International Law, Heidelberg