Clean Ships, Clean Ports, Clean Oceans: Controlling Garbage and Plastic Wastes at Sea (1995)
Chapter: STRENGTHENING THE FORCE OF IMO RULES
STRENGTHENING THE FORCE OF IMO RULES
Perhaps the most important effect of UNCLOS III, once it enters into force, will be to expand and strengthen the power and effect of International Maritime Organization (IMO) rules, codes, guidelines and other "generally accepted international standards." Nations are directed to act cooperatively through the competent international organization to establish and promote the adoption of international rules and standards to prevent, reduce, and control pollution from vessels. Nations also are committed to adopting laws and regulations to control pollution from vessels flying their flag or of their registry. These laws must have the same effect as generally accepted international rules and standards established through the competent international organization or general diplomatic conference.
These provisions suggest that parties to UNCLOS III will be bound to comply with all widely recognized standards, regardless of whether they are also parties to the specific conventions under which the standards are developed. Nations that have ratified UNCLOS III may be expected, therefore, to comply with MARPOL Annex V, whether or not they are parties to Annex V. The IMO is universally regarded as "the competent international organization" in connection with the establishment of standards for the operation of vessels and for vessel-pollution control. Thus, its rules and regulations will continue to be established norms applicable to all UNCLOS III members.
