LESSONS LEARNED FROM THE INTERNATIONAL MARITIME Sample Clauses

LESSONS LEARNED FROM THE INTERNATIONAL MARITIME. SECTOR ICAO is not the only universal organisation responsible for regulating transport matters. In the maritime sector a similar organisation was established - the IMO. Created in 1948 as a specialised agency of the UN, IMO has global membership and is responsible for the safety and security of international shipping and the prevention of marine pollution by ships.149 IMO has been facing problems similar to ICAO in terms of ensuring uniform implementation and enforcement of its safety standards. The approach of the maritime sector to tackling these problems has been by setting standards at the global level and relying on regional coopera- tion to ensure their correct implementation and enforcement. In contrast to ICAO, IMO regulates maritime safety by means of interna- tional conventions which are legally binding. In practice however it also experi- enced problems with their implementation. Maritime conventions, although rati- fied by the majority of the world tonnage States, still need implementation into national legal orders and proper enforcement.150 Given that not all States have the same expertise, experience and resources to do this properly, the ‘origination of an IMO convention does not always translate into its implementation and effective enforcement’151 by the ‘Flag States’. These experiences suggest that even if ICAO Annexes had a legally binding nature - meaning without the possibility of filing differences - it is not likely that this would actually translate into their better im- plementation at national levels. The problem with implementation of IMO safety standards became very acute in the 1950s, with the emergence of the so called ‘open registries’ or ‘flags of convenience’, which offered ship-owners much more favourable registration conditions than those in traditional national ‘Flag States’, including tax incentives and the ability to hire non-national, usually cheaper, crews.152 Such ‘open regis- tries’, by focusing on maximising the number of registrations and associated reg- istration fees, attracted significant criticism from both inside and outside the mari- time industry for not being able to exercise sufficient oversight over the safety standards of ships carrying their flags.153 This in turn put into question the legiti- macy of the exclusivity of ‘Flag State’ jurisdiction - which has been a traditional 149 IMO, 'IMO website' <xxxx://xxx.xxx.xxx> [accessed 14 March 2014]. 150 Oya Z. Özçayır, 'The use of port State control in m...
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