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Abstract

The United Nations Convention on the Law of the Sea (UNCLOS), referred to as the “constitution of the seas and oceans”, established the legal regime of the seas and oceans. Under the United Nations Convention on the Law of the Sea, the International Maritime Organization (IMO) has a mandate as a global legislative entity to further regulate maritime issues on the basis of many of its provisions. IMO is explicitly mentioned in only one of the articles of UNCLOS, while several provisions of the Convention on the Law of the Sea refer to the ‘competent international organization’ in connection with the adoption of international rules and standards for shipping in matters relating to maritime safety and the prevention, reduction and control of marine pollution by ships. Bearing in mind the global mandate of the Organization as a specialized agency within the United Nations system established by the Convention on the International Maritime Organization, the expression ‘competent international organization’, when used in the singular in UNCLOS, applies to IMO. From 1973 to 1982, the International Maritime Organization actively participated in the work of the Third United Nations Conference on the Law of the Sea to ensure that the development of IMO instruments was in line with the fundamental principles of UNCLOS. By including in several IMO conventions provisions that clearly state that these conventions do not infringe the codification and development of the law of the sea in UNCLOS, many interpretation doubts have been minimized.
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Authors and Affiliations

Dorota Lost-Siemińska
1
ORCID: ORCID

  1. Międzynarodowa Organizacja Morska
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Abstract

The study addresses the challenges facing the law of the sea. Although UNCLOS is rightly described as a constitution of the law of the sea, it does not and cannot give answers to all problems and doubts that arise in practice and that are related to global warming, protection of biodiversity, legal status of genetic resources, controversy concerning shipping, delimitation of areas or the protection of underwater cultural heritage. Hence the question arises, what the ways and means of further development of the law of the sea are. Undoubtedly, one of the possibilities is to develop implementation agreements, of which the third devoted to the protection and sustainable use of marine biodiversity outside national jurisdiction is the subject of an international conference convened by the General Assembly, whose resolutions in the area of the law of the sea play an important role. Undoubtedly, also the importance of the organization of the United Nations system, such as the IMO, FAO, UNESCO, UNEP is significant. There is also the possibility of accepting agreements addressing the issues left by UNCLOS without solution or definition. Not without significance is the soft law and the practice of states as well as the position of the organs appointed by UNCLOS.

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Authors and Affiliations

Janusz Symonides

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