IMO - the first fifty years

Seafaring has always been one of the world's most dangerous occupations. The unpredictability of the weather and the vast power of the sea itself seemed so great that for centuries it was assumed that little could be done to make shipping safer. During the nineteenth century, this almost fatalistic attitude began to change. The invention of the steam engine meant that ships were less at the mercy of wind and tide. At the same time, maritime commerce was increasing and vast numbers of people were moving from continent to continent. Accidents involving the loss of hundreds of lives led to demands for action and several international treaties and agreements were developed as a result. There was even an attempt to establish a permanent international body to deal with shipping, similar to the bodies that had already been established to regulate international postal and telecommunication services. In the event, no agreement was reached, chiefly because of the fears of some countries and shipowners that such an international organization might seek to regulate aspects of shipping which were considered to be more suitable for regulation by national Governments or through commercial arrangements. However, by the end of the Second World War in 1945 there had been a change of opinion. Many Governments had become convinced of the need for greater international cooperation. The United Nations organization was established, by universal agreement, as a forum for promoting political understanding. At the same time, a number of specialized agencies were established to deal with specific subjects and agencies which already existed were brought within the framework of the United Nations. In 1948 a conference convened by the United Nations in Geneva to consider the establishment of a new Organization to deal with international shipping, especially shipping safety. The conference ended on 6 March with the successful adoption of a Convention establishing the new Organization, which was originally called the Inter-Governmental Maritime Consultative Organization (IMCO)1. However, the continuing suspicion of some sections of the shipping industry about the role of an international organization meant that it took ten years for sufficient countries to accept the Convention for it to meet entry into force requirements. The new Organization commenced operations in January 1959. When it did so its functions, as envisaged in the 1948 Convention, had been amplified as a result of developments in the maritime world. Marine pollution from ships, especially oil pollution associated with tankers, had emerged as a growing threat during the 1950s, and an international
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The Organization's name was changed to the International Maritime Organization in 1982.
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conference, convened by the United Kingdom Government in 1954 had adopted a Convention setting forth international regulations for preventing pollution of the seas from oils carried by ships. The conference agreed that IMO should assume responsibility for the administration of the new Convention when the Organization started to operate. Pollution prevention took the place of some of the more political functions allocated to IMO in the 1948 Convention, which said that some of its purposes were to "encourage the removal of discriminatory action and unnecessary restrictions by Governments affecting shipping" and to consider what were termed "unfair restrictive practices." These clauses aroused so much opposition that in practice they have never been implemented. From the start, therefore, IMO has been primarily a technical Organization, with shipping safety and pollution prevention being its greatest priorities. These objectives are now epitomised in the slogan 'Safer Shipping and Cleaner Oceans'. Getting started The IMO Assembly met for the first time on 6 January 1959. At that time the Organization had only 28 Member States, the majority of which were traditional maritime nations of the northern hemisphere. The Secretariat was equally small, with a total strength of 17 and a budget of not more than $237,500 per year. It was recognized at the first Assembly that IMO's initial task was to establish a comprehensive body of conventions and other treaty instruments relating to maritime safety and pollution prevention. This task involved updating a number of existing treaties, notably the International Convention for the Safety of Life at Sea (SOLAS) which had been adopted in London in 1948. IMO also accepted responsibilities regarding the International Regulations for Preventing Collisions at Sea, the International Code of Signals and the International Convention for the Prevention of Pollution of the Sea by Oil, which was adopted in 1954. Another duty undertaken was to establish a group of experts to consider the unification of tonnage measurement - a problem that had vexed the shipping industry almost ever since ships were first constructed. In May 1960, IMO convened its first international diplomatic conference to consider the new Convention on the Safety of Life at Sea (SOLAS Convention). The SOLAS Convention is the most important of all international treaties dealing with maritime safety, and the 1960 Convention was adopted to replace the 1948 version. The SOLAS Convention adopted by the 1960 conference entered into force in 1965. It covered a wide range of measures designed to improve the safety of shipping. These include subdivision and stability; machinery and electrical installations; fire protection, detection and extinction; lifesaving appliances; radio; the safety of navigation; the carriage of grain; the carriage of dangerous goods; and nuclear ships. The 1960 conference also adopted a new set of International Regulations for the Prevention of Collisions at Sea to replace the earlier regulations of 1948.

In addition to the SOLAS Convention and the Collision Regulations, the 1960 conference adopted 56 resolutions, many of them calling for action by IMO and in effect providing the work programme of the Organization for more than a decade. Maritime Safety One of the most important instruments ever produced in this area is the International Maritime Dangerous Goods (IMDG) Code, which was first adopted by IMO in 1965. The essential difference between a convention and a code is that the former becomes mandatory for Contracting Parties once it enters into force (which happens when a specified number of States has accepted it). Acceptance involves making the provisions of the convention part of national law (the aim being to standardize national maritime laws as widely as possible). A code, on the other hand, is normally recommendatory unless it is made mandatory under the provisions of a Convention. The IMDG Code comprises five volumes containing more than 2,500 pages. In 1966, IMO turned its attention to the problem of overloading and adopted the International Convention on Load Lines, which replaced a convention adopted in 1930. Limitations on the draught to which a ship is loaded, in the form of freeboards, are an important contribution to maritime safety. Several systems of tonnage measurement of ships had been developed over the years, but none of them was universally recognized. IMO began work on this subject soon after coming into being, and in 1969 the first ever international convention on tonnage was adopted. It is an indication of the complexity of this aspect that the convention, which had a very high requirement for entry into force (25 States with not less than 65% of the world's gross tonnage of merchant shipping) did not receive the required number of acceptances until mid-1980. It entered into force in 1982. Other matters have proved less complicated. A Special Trade Passenger Ships Agreement was adopted by IMO in 1971 to safeguard ships and passengers engaged in a 'pilgrim' trade, which came into force three years later. A Protocol to this agreement, adopted by IMO in 1974, came into force in 1977. Among the most common causes of accidents at sea are collisions. Measures to prevent these occurring were included in an Annex to the 1960 SOLAS Convention, but in 1972 IMO adopted a new Convention on this subject which included a number of new features. Among these were regulations concerning traffic separation schemes, which had been introduced as a recommendation in several parts of the world where maritime traffic was particularly congested. The adoption of such schemes has considerably reduced the number of collisions in many areas, and the coming into force of the Convention in 1977 has led to further improvements. In northwest European waters, for example, despite considerable increase in traffic, there were only 45 collisions between ships in 1976-1981, compared with 156 in 1956-1961, before traffic separation schemes were introduced.

Another convention adopted by IMO in 1972 dealt with the safety of containers. These had become an important feature of international maritime trade, and the convention was designed not only to maintain a high level of safety in the carriage of containers by providing generally acceptable test procedures and related strength requirements, but also to facilitate the international transport of containers. The convention entered into force in 1977. In the meantime (in 1974), IMO adopted a new SOLAS Convention. The idea originally was that the 1960 version would be kept up to date by means of regular amendments that would be adopted as and when necessary. Unfortunately, the amendment procedure incorporated in the Convention proved to be so slow and cumbersome in practice that none of the amendments adopted by IMO from 1966 onwards ever entered into force. Since the updating of the Convention was vital to IMO's efforts to improve maritime safety it was decided to adopt a new convention that would not only incorporate all the amendments made to the 1960 version but a new amendment procedure as well. This procedure, known as 'tacit acceptance', has proved to be very successful, enabling the Convention to be changed on several occasions. Most of IMO's other technical conventions now include 'tacit acceptance' provisions. Under 'tacit acceptance' an amendment to the convention enters into force on a specified date (usually about two years after the amendment is adopted) unless it is rejected by one-third of Contracting Parties or Contracting Parties whose combined fleets represent 50% of world tonnage. In 1976, an IMO conference adopted the International Convention on the International Maritime Satellite Organization (INMARSAT)2. Conventional radio facilities were by then becoming increasingly congested and it was physically impossible to increase the number of wavelengths available. By using space satellites, these difficulties could be overcome. Satellites have been of great benefit in commercial and other aspects of ship operation, but their greatest advantage is in safety, for improved communications enable distress messages to be transmitted and received much more effectively than terrestrial methods. The Convention came into force in 1979 and resulted in the establishment of INMARSAT which, like IMO, is based in London. By contrast to space technology, fishing is one of the world's oldest industries. Yet it was not until 1977 that the first international convention dealing with the safety of fishing vessels was finally adopted. One of the reasons for this is the extremely varied and complex nature of the fishing industry, which is so different from other forms of maritime activity that many other conventions adopted by IMO cannot be made applicable to fishing vessels. Besides, technical specifications of fishing vessels depend on the areas in which they operate and many other local factors, making the adoption of international regulations relating to their safety extremely complex.

The name has since been changed to the International Mobile Satellite Organization, but the acronym remains the same.
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For various reasons, the Torremolinos Convention did not secure sufficient acceptances to enter into force and by the early 1990s it was clear that even if it did, it would be technically out of date. As a result, in 1993 IMO adopted a Protocol to the convention which removed some of the provisions which had caused difficulties in the parent Convention and also brought it up to date technically. Ultimately, safety rests very largely with the crews of ships. It has long been recognized that an improvement in crew standards would automatically lead to an improvement in maritime safety and, in 1978, IMO convened a conference which resulted in the adoption of the first Convention on Standards of Training, Certification and Watchkeeping for Seafarers. The Convention entered into force in 1984. In April 1979, IMO adopted the International Convention on Maritime Search and Rescue. As its title implies, this Convention is designed to improve existing arrangements for carrying out search and rescue operations following accidents at sea. Although many countries have their own established plans for such emergencies, this is the first time international procedures have been adopted. The Convention entered into force in 1985. The adoption of this Convention marked the end of a twenty-year period of intense activity during which IMO revised or replaced several existing conventions and adopted new treaty instruments on subjects that had not been previously covered. During this period, numerous codes of practice were adopted in addition to the IMDG Code described above. They included codes on the carriage of bulk cargoes, the safety of fishermen and fishing vessels, timber deck cargoes, mobile offshore drilling units (MODUs), noise levels, special purpose ships, diving systems and others. Two of the most important concern gas carriers and bulk chemical tankers. Although the rate at which new safety instruments were adopted slowed down during the 1980s, that did not mean that the process of change had come to a halt. Thanks largely to the tacit acceptance procedure it proved possible to modify existing treaties quickly and relatively easily. SOLAS, the most important convention of all, was amended on several occasions, sometimes is response to major disasters, such as the capsizing of the ro-ro passenger ferry Herald of Free Enterprise in March 1987.

Other major changes included the 1988 amendments to SOLAS to introduce the global maritime distress and safety system (GMDSS), the biggest advance in maritime communications since the invention of radio, and a new harmonized survey and certification system. The latter also involved changes to the 1966 Load Lines Convention and in due course MARPOL 73/78 will also be amended.

During the 1990s the emphasis switched further towards the implementation of existing regulations rather than the adoption of new legislation. The safety of bulk carriers was a subject of considerable concern and resulted in SOLAS being amended on several occasions. The Estonia disaster of 1994 led to an intensification of IMO's efforts to improve the safety of ro-ro passenger ships, culminating in major changes being adopted to SOLAS the following year. These followed the report of a Panel of Experts set up to consider every aspect of ro-ro safety - another example of IMO's ability to act quickly and decisively in the event of a maritime emergency. In 1994 three new chapters were added to the SOLAS Convention. One made mandatory the International Safety Management (ISM) Code. The ISM Code was first developed as a result of the Herald of Free Enterprise tragedy and was designed to make safety a first priority for shipping company management. It will become mandatory for passenger ships, tankers, bulk carriers and some other ships on 1 July 1998. A second new chapter recognizes changes in shipping technology by introducing a new mandatory Code of Safety for High Speed Craft while further safety measures are contained in the third. In 1995 major changes were made to the 1978 STCW Convention. These changes represented a complete re-writing of the Convention and not only brought it up to date but also removed some of the weaknesses that had been recognized in the original instrument. Much of the technical content was included in a new, mandatory STCW Code and because the amendments were adopted using the tacit acceptance procedure the amendments entered into force in February 1997. The most radical feature of the amendments, however, was the fact that they gave IMO some responsibility for ensuring that their requirements were met. Parties to the Convention were required to submit information to IMO concerning their training, certification and other procedures so that their ability to implement the Convention could be assessed. This is the first time that IMO has ever been given such authority over Governments and could be seen not only as a recognition of the importance of enforcing standards internationally but also of IMO's own ability to ensure that this is done. In 1995 IMO also adopted an International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), which applies to fishing vessels of 24 metres in length and above. The prevention of pollution When the IMO Convention was adopted in 1948 marine pollution was regarded as little more than a local problem. Some areas, notably those near ports and on major shipping routes, had experienced occasional oil pollution, but it was not regarded as a matter of international concern. But by the 1950s world trade was growing and oil pollution was increasing. The International
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Convention for the Prevention of Pollution of the Sea by Oil, 1954 (OILPOL 1954) was one result. IMO came into being in 1959 just before the big boom in the international oil trade started. Within less than two decades the world tanker fleet had increased in tonnage by ten times and tankers themselves had grown in size by the same amount: in the late 1950s, tankers averaged around 30,000 dwt; by the late 1970s, several had been built over 500,000 dwt. One result of this was an alarming increase in pollution of the seas, especially oil pollution, which was caused not simply by tanker accidents but as a result of routine shipping operations, such as the cleaning of cargo tanks. In 1958, the normal practice was simply to wash the tanks out with water and then pump the resulting mixture of oil and water into the sea. The 1954 oil pollution convention attempted to curb the effects of this by prohibiting the dumping of oily wastes within a certain distance from land and in 'special areas' where the danger to the environment was especially acute. In 1962 the limits were extended by means of an amendment. But it was the Torrey Canyon disaster of 1967 that focused the attention of the world on the real danger to the environment posed by the growth in tanker traffic. The Torrey Canyon ran aground while entering the English Channel and spilled her entire cargo of 120,000 tons of crude oil into the sea. This resulted in the biggest oil pollution incident ever recorded up to that time. The incident raised questions about measures to prevent oil pollution from ships and also exposed a number of deficiencies in the existing system for providing compensation following accidents at sea. IMO's response was swift. A plan of action was drawn up which resulted in the adoption of a series of conventions on the legal questions that were raised by the incident. These are described below. It was recognized, however, that although accidental pollution was spectacular, operational pollution was the bigger threat. In 1969, therefore, the 1954 OILPOL Convention was again amended, this time to introduce a procedure known as 'load on top' which had been developed by the oil industry and had the double advantage of saving oil and reducing pollution. Under the system, the washings resulting from tank cleaning are pumped into a special tank. During the voyage back to the loading terminal the oil and water separate. The water at the bottom of the tank is pumped overboard and at the terminal oil is pumped on to the oil left in the tank. The amendment entered into force in 1978. In 1973, a much more ambitious convention was adopted - the International Convention for the Prevention of Pollution from Ships. The Convention attempted to counter pollution by oil, chemicals, sewage, garbage and other harmful substances and represented the most ambitious attempt so far to deal with vessel-source pollution.

In practice, certain technical problems meant that progress towards ratifying this Convention was very slow, and a series of tanker accidents that occurred in the winter of 1976-1977 led to demands for further action. The result was the convening of the Conference on Tanker Safety and Pollution Prevention in February 1978. This Conference was one of the most important ever held by IMO. Not only did it complete its work in a remarkably short time (barely ten months after the first call to IMO to convene the Conference was made) but the measures adopted led to great changes in tanker design and operations. The new requirements included such operational techniques as crude oil washing (a development of 'load on top') and inert gas systems, as well as constructional requirements such as segregated ballast tanks for much smaller ships than stipulated in the 1973 Convention. The most important of the new measures are incorporated in the Protocol of 1978 relating to the 1974 Convention on the Safety of Life at Sea (1978 SOLAS Protocol) and the Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol). The 1978 SOLAS Protocol entered into force in May 1981 and the 1978 MARPOL Protocol, which in effect absorbs the parent Convention, entered into force in October 1983. The combined instrument is referred to as the 1973 International Convention for the Prevention of Marine Pollution from Ships, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). Additional measures were introduced into MARPOL 73/78 in 1983 and became effective in January 1986. Further changes, concerned with the carriage of noxious liquid substances, such as chemicals, were adopted at the end of 1985. In 1997 a sixth annex was added to the MARPOL Convention containing measures to combat air pollution from ships - a growing problem in certain areas. Although the prevention of pollution of the sea from the land is not IMO's responsibility, the Organization does carry out secretariat functions in respect of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. This Convention was adopted in 1972 at a conference held under the auspices of the United Kingdom. As well as regulating the dumping of wastes into the sea, it also deals with incineration at sea. Over the years, opinion has moved steadily against using the sea as a dumping site for waste materials and this attitude was reflected in amendments to the Convention that were adopted in 1996. Some practices, such as incineration at sea, have been totally banned. In 1989 the tanker Exxon Valdez went aground on the coast of Alaska. In terms of oil lost, the resulting oil spill was relatively small, but it led to demands for action from politicians, press and the public. In the United States legislation was introduced making it mandatory for tankers to be fitted with double hulls and in 1992 IMO amended MARPOL 73/78 to make mandatory double hulls or an approved alternative. A phase-in programme was approved for existing tankers.

For decades, maritime salvage operations had been carried out in accordance with a treaty adopted in 1910. This system had generally worked well and was based on the well-known principle of 'no cure, no pay'. If a salvage operation is successful, the salvor is entitled to a reward based on the value of the ship and its cargo. However, this system took did not take into account damage caused by pollution. This meant, for example, that salvors could expect no reward for an operation that failed to save the ship, even though in the process they prevented a major oil spill. To remedy this, in 1989 IMO adopted the International Convention on Salvage. In 1990, IMO also adopted the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), which was designed to introduce a global system for responding to major oil spills. Although it did not enter into force until 1994, the new Convention received its first test only a few months later when a major oil spill occurred in the Persian Gulf as a result of military hostilities. IMO acted as if the Convention were already in force and set up a Disaster Fund and an Oil Spill Co-ordination Centre which provided invaluable assistance in preventing major damage to the environment of the Saudi Arabian coast. Liability and compensation The Torrey Canyon disaster of 1967 led to an intensification of IMO's technical work in preventing pollution. But it also raised a number of new and important legal questions. These include questions regarding who is to be held responsible for damage caused by oil pollution, the basis for determining liability and the level of compensation for damage. There were well-established procedures for settling claims resulting from, for example, a collision between two ships. Generally speaking, only they are to blame, and only the ships, cargo, and those on board are likely to suffer damage or injury. But a major pollution disaster, like the Torrey Canyon, involves third parties and the damage caused can be enormous. It was important therefore to establish a system which would determine who was liable and ensure that any compensation due would be paid. In 1969, a conference convened by IMO adopted a convention dealing with the civil liability of the ship or cargo owner for damage suffered as a result of a pollution casualty. The purpose of the Convention was to ensure that adequate compensation was paid to victims and the liability was placed on the shipowner. Some delegates to the 1969 Conference felt that the liability limits established were too low, and that the compensation made available in some cases, therefore, might prove to be inadequate. As a result, another conference was convened by IMO in 1971 which resulted in the adoption of a convention establishing the International Fund for Compensation for Oil Pollution Damage. The Convention came into force in 1978. The Fund has its headquarters in London. Unlike the Civil Liability Convention, which puts the onus on the shipowner, the Fund is made up of contributions from oil importers. The idea is that if an accident at sea results in pollution damage which exceeds the compensation available under the Civil Liability Convention,
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the Fund will be available to pay an additional amount, while the burden of compensation will be spread more evenly between shipowner and cargo interest. The limits of liability in the two conventions were greatly increased through amendments adopted by a conference held in 1992. IMO's success in dealing with pollution compensation encouraged Member States to refer a number of other legal matters to the Organization. In 1971 IMO, in association with the International Atomic Energy Agency and the European Nuclear Energy Agency of the Organization for Economic Co-operation and Development, convened a conference which adopted a convention to regulate liability in respect of damage arising from the maritime carriage of nuclear substances. In 1974, IMO turned its attention to the question of passengers and their luggage and adopted a convention which establishes a regime of liability for damage suffered by passengers carried on seagoing vessels. It declares the carrier liable for damage or loss suffered by passengers if the incident is due to the fault or the neglect of the carrier. The limit of liability is set at $55,000 per carriage. In 1990 a Protocol was adopted to the Athens Convention raising the amount of compensation payable. For death or personal injury, for example, the limit was raised to around US$225,000. The general question of limitation of liability was dealt with in a convention adopted in 1957. As time went by, however, it became clear that the limits of liability established were too low and, in 1976, IMO adopted a new convention which raised the limits, in some cases by 300%. Limits are specified for two types of claim - those for loss of life or personal injury and property claims, such as damage to ships, property or harbour works. The compensation limits of this Convention were raised by means of a Protocol adopted in 1996. In 1984 IMO convened a conference to consider a new instrument dealing with compensation for accidents involving hazardous and noxious substances (HNS) but the issue proved to be so complex that the attempt had to be abandoned. Because of the heavy workload of the Legal Committee, it was not until 1996 that the matter could be considered again, but this time the attempt was successful. The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by Sea will make it possible for the equivalent of up to US$250 million to be paid out to victims of disasters involving HNS (such as chemicals). Facilitation With the increase in international maritime traffic since the 1950s, the lack of internationally standardised documentation procedures was imposing a heavy burden upon both shipborne and shore-based personnel and causing considerable delays. IMO started working on these problems soon after coming into existence and in 1965 adopted the Convention on Facilitation of International Maritime Traffic. Its primary objectives are to prevent unnecessary delays in maritime traffic, to aid co-operation between Governments and to secure the highest practicable degree of uniformity in formalities and procedures by simplifying and harmonizing documents and procedures. The Convention came into force in
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1967. Preventing crime at sea During the last few years, IMO has been called upon to take action to deal with various criminal activities at sea. In 1988 a diplomatic conference convened by IMO adopted the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, and a related Protocol extending its provisions to fixed offshore platforms. This Convention - the first new Convention to be adopted by IMO since 1979 - was designed to prevent terrorist and other attacks on ships and offshore platforms by ensuring that those taking part in such acts are apprehended and put on trial. It was, incidentally, another example of IMO's ability to act quickly. The Convention was adopted at the request of three IMO Member States following an attack on a passenger ship in October 1985. In November 1986 the IMO Council agreed to a proposal that a convention on the subject be considered. The three Governments prepared a draft and the Convention was adopted in March 1988 - barely 18 months after the original request was submitted. Another problem that has caused concern in recent years has been piracy. Attacks have been reported in different parts of the world, particularly South America, Africa and South East Asia. IMO has issued guidelines on how to minimize the risk of attack and in 1993 and in 1995 sent experts to east Asia to discuss the problem with Governments, shipowners and others. In 1997 IMO's Maritime Safety Committee (MSC) issued a circular on "Guidance for the use of radio signals by ships under attack or threat of attack from pirates or armed robbers". The circular recommends that when shipboard personnel detect pirates before they have boarded the ship, a piracy/armed robbery attack message should be sent through Inmarsat or Digital Selective Calling (DSC) equipment on distress and safety frequencies, providing the ship has not been ordered to maintain radio silence. Other criminal activities which IMO has dealt with include: Maritime fraud: this emerged as an international problem in the 1970s and it was raised at the IMO Assembly in 1979. The Organization prepared a resolution on the subject and the fact that the problem had been exposed in this way - and the action taken by the International Chamber of Commerce in creating the International Maritime Bureau - helped to curtail it. The use of cargo as fuel: apart from being criminal, this practice is also extremely dangerous, since the flash point of cargo oil is different from that of fuel oil. If used as fuel, there is a strong possibility of an explosion occurring. In 1983 IMO issued a circular outlining counter measures. Drug trafficking: IMO has worked closely with other international organizations on this issue. In 1988 the Organization issued guidelines on preventing drug trafficking and in 1992 another circular was issued pointing out the importance of screening seafarers for drug abuse prior
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to their employment. In 1997 the IMO Assembly adopted a resolution containing guidelines on the prevention of narcotic drug smuggling through ships engaged in international maritime trade, which update the guidelines issued in 1988. An international convention relating to stowaways was adopted in Brussels in 1957, but it has not yet entered into force and is now unlikely to do so. In recent years, however, the problem of stowaways has increased and it is generally recognized that there is an urgent need for international agreement on the allocation of responsibilities to enable the successful resolution of cases involving stowaways. In 1997, the IMO Assembly adopted a resolution on Guidelines on the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases. The guidelines advocate close co-operation between shipowners and port authorities. They say that every effort should be made to avoid situations where a stowaway has to be detained on board a ship indefinitely. Implementation While IMO's first priority was to adopt international treaty instruments incorporating global standards for maritime safety and pollution prevention, it became apparent over the years that by themselves these legal instruments were of little use unless they were properly put into effect. The political changes since the 1950s were having an impact upon shipping, with more and more developing countries building up their own fleets. In order to ensure the safety of international shipping and the prevention of marine pollution from ships, it was considered necessary and useful to provide appropriate advice and technical co-operation to these countries. Within a few years of coming into being, therefore, IMO decided to form a technical cooperation programme, the main purpose of which would be to help developing countries ratify IMO conventions and to reach the standards contained in those and other instruments. The first technical mission was made in 1966. In the 1970s, the programme assumed much greater importance and in 1977, IMO became the first United Nations agency to institutionalize its Technical Co-operation Committee. Financial support for IMO projects is provided in various ways, for example, through the United Nations Development Programme (UNDP), the World Bank Global Environment Fund (GEF) and the United Nations Environment Programme (UNEP). In addition, individual Governments and commercial companies provide generous support for IMO projects. The Organization is involved in numerous projects around the world, all of which are designed to improve the maritime capabilities of developing countries. They have covered such subjects as shipbuilding, the development of anti-pollution measures and improvements in maritime safety administration. But most are concerned with training, especially the development of maritime training schools and academies on both a regional and national basis. The most ambitious project to be undertaken by IMO was inaugurated in July 1983 when the World Maritime University was opened at Malm, Sweden. The University provides advanced training for students who have already gained some academic qualifications and had some working
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experience, for example, as administrators, teachers or managers in private industry. The aim of the University is to provide the top-level training (lasting two years) that is needed to enable them to assume higher responsibilities. The inaugural class of the University graduated in 1985 and since then over 1,300 students have followed. The World Maritime University is widely recognized by the global maritime community as a unique institution providing an education that cannot be obtained anywhere else in the world. Since 1983, the work of the University has been aided by a number of other developments, all aimed at assisting the more effective implementation of IMO conventions. With financial and other assistance from Norway, IMO is developing a series of model courses for use in merchant marine training academies around the world. The courses are designed to help academies give instruction in subjects related to, or required by, IMO conventions and other instruments. Another important institution is the IMO International Maritime Law Institute in Malta. Trained maritime lawyers are essential for the implementation of IMO treaty instruments and the Institute provides post-graduate training on maritime law to suitably qualified law graduates from all over the world. It is recognized, however, that implementation is a collective responsibility, which involves Governments, the industry and the seafarers themselves. Unless all of them play their part implementation will not be effective. Four initiatives in recent years have been particularly important in this context. 1. The creation of the Sub-Committee on Flag State Implementation (FSI): this subcommittee of both the MSC and the Marine Environment Protection Committee (MEPC) met for the first time in 1993. Its purpose is to assist flag States to implement IMO conventions and other instruments on ships which fly their flags. Flag States have a great responsibility because when they ratify an IMO convention they make it part of their own national law and thereby agree to enforce it. But the fact that the serious casualty rate varies so greatly between fleets indicates that some are more successful than others. 2. Port State control: many of IMO's most important technical conventions contain provisions for ships to be inspected when they visit foreign ports to ensure that they meet IMO requirements. These inspections were originally intended to be a back up to flag State implementation, but experience has shown that they can be extremely effective, especially if organized on a regional basis. A ship going to a port in one country will normally visit other countries in the region before embarking on its return voyage and it is to everybody's advantage if inspections can be closely co-ordinated. This ensures that as many ships as possible are inspected but at the same time prevents ships being delayed by unnecessary inspections. IMO has encouraged the establishment of regional port State control organizations in many parts of the world including Europe and North America, Asia and the Pacific, Latin America, the Indian Ocean the Mediterranean, the Caribbean and others. Ultimately it is expected that all regions will be covered, perhaps leading to the creation of a global system which will make it virtually impossible for sub-standard ships to escape detection.
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3. The ISM Code: although Governments ratify IMO conventions and are responsible for their implementation, the ships themselves are owned by companies which have a duty to ensure that they meet IMO standards. Many do not and in some cases this is because the owners do not place sufficient emphasis on safety. The ISM Code is intended to make sure that they do. When it enters into force in July 1998 owners will be obliged to provide documentary evidence, backed by a Government, that they comply with the ISM Code. Those who fail to do so could find their ships being banned from foreign ports and thereby be prevented from trading. 4. The 1995 amendments to the STCW Convention: if the ISM Code represents a new standard for shipping companies the STCW amendments represent a new level for seafarers. Although they are being phased in over the next few years, the amendments are expected to raise the standards of the world's seafarers and equip them to face the increasingly technical demands of modern shipping. Conclusion Since coming into being, IMO has come to be regarded as one of the most effective and valued international organizations and a dynamic specialized agency of the United Nations system. Thanks to the support of its Member Governments, it has been able to make notable progress towards the achievement of its objectives: 'safer shipping and cleaner oceans'. IMO's outstanding achievement has been the creation of a body of conventions, codes and recommendations which, because they have been developed by the international maritime community, are also acceptable to that community. Through its technical co-operation programme, IMO has helped these measures to be effectively implemented in a uniform manner. It is, however, in the area of implementation that IMO will be most active in the future. Most of these activities will concentrate on what has been called the human factor. Statistical evidence shows that people making mistakes cause most accidents. These mistakes can in turn be caused by many factors - such as inadequate training, bad equipment design, fatigue, poor morale, linguistic difficulties and other factors. It is only by eliminating the causes of mistakes that mistakes themselves can be prevented. If, as some experts claim, up to 80% of accidents at sea are caused by human error then it is on preventing error that IMO should concentrate. ________

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