The International Maritime Organization (IMO) and International Tribunal for the Law of the Sea (ITLOS) joint Workshop (28 March), held at IMO Headquarters in London, brought together a range of legal experts from both organizations to discuss key maritime issues.
Opening the Workshop, IMO Secretary-General Arsenio Dominguez highlighted the important linkages between IMO and ITLOS: "When UNCLOS was adopted, in 1982, the IMO already had in place a comprehensive body of international conventions […]. That is why many articles in UNCLOS refer to legal frameworks developed by a competent international organization - and therefore IMO treaties are referred to in many provisions of UNCLOS."
The International Tribunal for the Law of the Sea is an independent judicial body that has jurisdiction over any dispute concerning the interpretation or application of the United Nations Conventions on the Law of the Sea (UNCLOS).
Mr. Thomas Heidar, President of ITLOS, provided an overview of the ITLOS Advisory Opinion on Climate Change and the Ocean, published in May 2024 at the request of the Commission of Small Island States. The Advisory Opinion addressed two key questions: one related to marine pollution, with a particular focus on Article 194, and the other concerning the general obligations of States.
Mr Heidar provided valuable insights into key questions surrounding the application of UNCLOS in the context of climate change: "It [ITLOS Advisory Opinion] reaffirms that the Convention is not a static treaty but a living instrument capable of addressing evolving environmental threats. It provides much-needed clarity on the obligations of State parties to prevent, reduce, and control marine pollution caused by anthropogenic GHG emissions from various sources, including from vessels."
"Flag States, in particular, have a specific obligation to ensure compliance by vessels with international standards, and the IMO's work in setting these standards is pivotal. Looking ahead, it is clear that fulfilling these obligations will require not only determined action by individual States but also meaningful cooperation between them," he added.
The Workshop, held following the IMO Legal Committee (LEG 112) session, provided an opportunity for legal experts to explore a range of topics including vessel arrests, key aspects of ITLOS case law and procedures, prompt release, ship nationality, registration, and the challenges posed by fraudulent ship registries. The Workshop concluded with a presentation from Cyprus, offering a Member State's perspective on due diligence in ship registration.
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