Activities of the International Maritime Organization in the field of maritime safety

Kove Omar Postgraduate student, Department of International Law, Diplomatic Academy of the Ministry of Foreign Affairs of Russia 119021, Russia, g. Moscow, ul. Ostozhenka, 53/2 stroenie 1 omarkove@gmail.com Other publications by this author

IMO is the most important organization ensuring the safety of navigation in the XXI century. Confirmation of a significant contribution to increasing the level of safety of navigation is the Organization's contribution to the adoption of about 50 conventions and protocols regulating a wide range of issues, including the safety of maritime navigation. The activity of the Organization is characterized by active work at the present time, which in turn forms a request, both from domestic and foreign authors, to study various issues related to: the problem of countering piracy ^[1], training of sailors ^[2], investigation of accidents that occurred with the ship ^[3], navigation ^{[4, 5, 6, 7]}, legal regulation of marine autonomous vessels ^[8], protection of the marine environment from pollution ^[9], safety of navigation ^{[10, 11, 12, 13]}, and other issues related to the Organization ^[14]. Due to the active activity and wide recognition of the Organization, the study of IMO is an integral part of the study of international maritime law ^{[15, 16, 17]}.

There are a lot of works by domestic authors devoted to the structure and functioning of IMO. In particular, it is worth highlighting the textbook, authored by Gureev S.A., Zenkin I.V., Ivanov G.G. ^[18], in which Chapter X is associated with a detailed description of the IMO structure, as well as the monograph by Skaridov A.A. ^{[19, pp. 323-342]}, where the author raises the issue of the undemocratic nature of the adoption of IMO standards.

Fundamental scientific research devoted to the normative function of IMO is the work of E.B. Ganyushkina ^[20]. Zeynalov Sadiyar RZA-ogly wrote about the peculiarities of the legal personality of the Organization ^[21]. I would also like to highlight the work of Mishalchenko Yu.V. and Vasiliev V.Ya. ^[22] since it addresses the issue of the specificity of most international legal acts adopted under the auspices of the Organization. In many ways, these works formulated the author's view on understanding various problems related to IMO activities, and theoretical analysis formed the basis for writing a scientific article, and determined the need to solve the following tasks:

- analyze the IMO structure;

- to determine the powers of the body regulating the issues of safe navigation;

- to consider international legal acts adopted by the Organization in the field of maritime safety.

The history of the emergence of the International Maritime Organization is connected with the adoption on March 6, 1948 at the UN Conference on the Law of the Sea, held in Geneva, of the Convention on the Intergovernmental Maritime Consultative Organization (hereinafter the IMCO Convention/IMO), according to which the Organization began functioning in 1958. An important stage for IMCO was the signing of the Agreement between the UN and IMCO dated November 18, 1948, which entered into force on January 13, 1959. In accordance with this agreement, the Organization became a specialized agency of the United Nations. And on November 14, 1975, at the IX session of the IMCO Assembly, amendments to the Convention on the Intergovernmental Maritime Consultative Organization (IMO Resolution A. 358(IX) of 14.11. 1975) were adopted, which changed the name of the organization and led to the fact that from May 22, 1982 it became known as the International Maritime Organization.

Since the establishment of IMO, the headquarters of the Organization is located in London. Currently, 175 States are full members of IMO. There are also three associate members, which include the Faroe Islands, and the Special Administrative Regions of China - Hong Kong and Macau, which in fact gives wide recognition to its activities. The Organization, in accordance with Part III of the IMO Convention, remains open for accession. And Article 71 establishes ways to acquire the status of a party to the Convention.

Article 11 of the IMO Convention establishes the Assembly, the Council, the Safety Committee, the Legal Committee, the Marine Environment Protection Committee, the Technical Cooperation Committee and the Facilitation Committee as the main bodies, and there is also a Secretariat. The Organization has the right to create subsidiary bodies that it deems necessary. Currently, IMO has seven subcommittees that are part of the Maritime Safety Committee and the Marine Environment Protection Committee, including: Subcommittee on Human Factors, Training and Watchkeeping, Subcommittee on the Implementation of IMO Documents, Subcommittee on Navigation, Communications, Search and Rescue, Subcommittee on Pollution Prevention and Response, Subcommittee on Ship Design and Construction, Subcommittee on Ship Systems and Equipment, Subcommittee on Cargo and Container Transportation.

The Assembly, which is the highest governing/ "main political" body ^{[18, p. 398]} and convenes twice a year, includes all IMO members. The powers of the Assembly, enshrined in Article 15, are quite extensive. In particular, they include:

- Election of the President of the Assembly;

- selection of members of the Organization to the Council;

- A recommendation for the adoption by the Members of the Organization of rules and guidelines related to maritime safety, the prevention and control of marine pollution from ships and other issues related to the impact of shipping on the marine environment;

- making decisions regarding the convening of an international conference or the application of any other appropriate procedure for international conventions or amendments to any international conventions that have been developed by the Main Committees.

The Council is the main executive body of the Organization. It is formed by the Assembly for a period of two years and performs almost all its functions between sessions. As separate functions of the Council, you can designate:

- Development of the organization's work programs and budget, taking into account the common interests and priorities of the Organization (Paragraph a) of Article 21 of the IMO Convention), as well as submission of financial reports to the Assembly with its comments and recommendations (article 24. Ibid.);

- Receiving reports, proposals and recommendations from all organs of the Organization in order to submit them to the Assembly together with their comments and recommendations (Paragraph b) of Article 21. Ibid.);

- Appointment of the Secretary-General with the approval of the Assembly (art. 22. Ibid.);

- conclusion of contracts and agreements regulating the relationship of IMO with other organizations with the approval of the Assembly (art. 25. Ibid.);

- Coordination of IMO bodies' activities.

Membership in the Council is regulated by Article 17 of the IMO Convention, according to which three categories of States are defined. The first category includes the States most interested in providing services in the field of international shipping, this group includes the Russian Federation. To the second – the States most interested in international maritime trade. The third category includes States not elected in accordance with paragraphs (a) and (b), which have a special interest in maritime transport or navigation and whose election to the Council will ensure the representation of all members of the main geographical areas of the world.

Currently, 10 seats are provided for the first two categories, and 20 for the third. At the same time, it should be noted that at the 32nd session of the Assembly held in December 2021, amendments to the IMO Convention were adopted (IMO Resolution A. 1152(32) of 08.12.2021), according to which the number of States in the Council, if the amendments enter into force, will increase by 12 States, which This will lead to the fact that there will be 12 States belonging to the first and second categories, and 28 to the third.

Initially, the Council consisted of 16 States. The increase in the size of the Council, which is not the first time, is due to the fact that the number of States that have become IMO members has recently increased. The Assembly also adopted a resolution calling on IMO member States to adopt amendments for their entry into force by 2025 (IMO Resolution A. 1172(32) of 08.12.2021).

In the issue of interaction of IMO bodies, it is worth paying attention to the problem of broad powers of the Council. Firstly, this body, with its limited membership, has more significant opportunities to influence the formation of the content of the preparatory documents than the main committees, which include representatives of all Member States of the Organization. Secondly, in accordance with Article 15 of the IMO Convention, the Assembly has the right to return documents for the purpose of finalizing them, which were approved and submitted to it by the Council, but does not have the right to reject. This fact, according to A.A. Kovalev, indicates the undemocratic nature of the IMO standards adoption procedure and can hardly be considered justified ^{[19, pp. 334-335]}. In accordance with the above facts, it can be concluded that it is necessary not only to expand the membership of the Council, but also to amend some articles of the IMO Convention, in particular Article 15, in order to enable the Assembly to reject the documents submitted by the Council, and not only to return them for revision.

The powers and areas of work of the Organization's Committees are quite extensive. Thus, the activities of the Marine Environment Protection Committee, established in 1973, are related to the prevention of pollution of the seas and oceans from ships. The Legal Committee, originally established to investigate the accident that occurred with the tanker Torrey Canyon in 1967, and then became a standing committee, is engaged in accordance with Article 33 in the consideration of legal issues of the Organization. The Technical Cooperation Committee, first established in 1965 as a subsidiary body, and in 1984 designated as a permanent institution of the Organization, in accordance with Article 43 of the IMO Convention, deals with issues within the competence of IMO and related to the implementation of technical cooperation projects. The Facilitation Committee, established as a subsidiary body in 1972 and institutionalized in 2008, carries out activities aimed at facilitating international maritime traffic by eliminating unnecessary formalities and unnecessary bureaucracy.

One of the main committees of the Organization is the previously mentioned Maritime Safety Committee. This committee has existed since the very beginning of the IMO's creation and, in accordance with Article 27 of the IMO Convention, consists of all its members. The scope of his powers is quite wide. In accordance with Article 28 of the IMO Convention, the Committee considers issues related "to navigation aids, design, equipment and supply of ships, manning of ships from the point of view of safety, rules for preventing collisions of ships, handling dangerous goods, regulation of safety at sea, hydrographic information, ship logs and navigational documentation, investigations accidents at sea, search and rescue of property and people at sea and any other issues directly affecting safety at sea."

The interaction of the Committee with the Council is also defined in Article 29 of the IMO Convention, according to which it submits to the Council:

- proposals for regulations or amendments to safety regulations;

- recommendations and guidelines;

- Report on the work of the Committee since the previous session of the Council. Particular attention should be paid to the fact that, in accordance with paragraph "b)" of Article 28 of the IMO Convention, the Committee is also obliged to perform the functions assigned to it by other international legal acts. This, in turn, significantly expands the powers of the Maritime Safety Committee.

One of the main reasons for the appearance of IMO was related to the need to regulate maritime safety issues at a universal level. The problem of safety is reflected both in the Organization's motto "safe, protected and efficient navigation in clean oceans" and in its goals. This fact is evidenced by paragraph "a)" of Article 1 of the IMO Convention, which states that the objectives of the Organization are "to provide a mechanism for government cooperation in the field of government regulation and activities related to all kinds of technical issues affecting international merchant shipping: encouraging and facilitating the adoption by all countries of the highest practicable standards in issues related to maritime safety, efficiency of navigation, prevention and control of pollution from ships of the marine environment, and consideration of administrative and legal issues related to the objectives set out in this article." Although the term "safety" in a broad sense may include such an aspect as countering the threat of marine pollution, the Organization still shares these areas.

When focusing on the safety of maritime navigation and the marine environment, the Organization also does not lose sight of such issues as:

- elimination of "discriminatory measures and excessive restrictions by Governments" in the field of international commercial shipping;

- unfair restrictions on the part of shipping companies;

- "the impact of shipping on the marine environment";

- "Exchange of information between Governments on issues under consideration by the Organization" (Paragraphs b), c), d), e), art. 1. IMO Convention).

As mentioned, the issue of security has always been and is the focus of IMO's attention. According to Ganyushkina E.B., the normative function of the Organization is carried out in three main forms:

"1) participation in auxiliary processes of creation of norms of international law;

2) development of recommendation norms that form part of the international legal system;

3) direct creation of legally binding norms" ^{[20, p. 14]}.

The implementation of activities on the development of safety standards, according to Sadiyar RZA-ogly Zeynalov, takes place in three directions:

- development of international conventions and amendments thereto;

- development of international codes and amendments to them;

- control over their implementation ^{[21, p. 117]}.

Since its establishment, the Organization has adopted many conventions and other international legal acts regulating a wide range of issues in the field of security. The essential activity of the Organization in terms of the safety of navigation can be understood by defining the subject of regulation of some of them.

The first is the International Convention for the Safety of Human Life at Sea of 1974 (hereinafter - SOLAS-74), which regulates issues related to the design and equipment of ships. The field of regulation of this Convention, in particular, includes such issues as: division into compartments, stability, fire protection, special means and devices, radio communication. Separate chapters of SOLAS-74 establish requirements for various categories of vessels (Chapters VIII, X, XII, XIV), as well as the work of various services.

Mishalchenko Yu.V. and Vasiliev V.Ya. note that "many key issues of international navigation are covered by the provisions of international law that are binding." As an example of the first implementation of this approach, the authors cite Article 1.3 of the 1978 Protocol to SOLAS-74, which states that "With respect to vessels entitled to fly the flag of a State that is not a Party to the Convention and this Protocol, the requirements of the Convention and this Protocol apply – as far as it is necessary that such vessels no more favorable treatment was provided" ^{[22, pp. 379-380]}.

The need for mandatory compliance with IMO standards can be explained by three factors. Firstly, 175 States are members of the Organization, and all of them are also members of the Maritime Safety Committee, which is directly related to the creation and amendment of international legal acts that enshrine mandatory standards to ensure the safety of maritime navigation. That is, representatives of States are directly involved in the development and amendments to mandatory IMO standards.

Secondly, if the obligation to comply with IMO standards is excluded by all States, unequal conditions will form between them, which is reflected in Article 13 of the 1978 Protocol to SOLAS-74 and which explains the application of the requirements of the Convention and the Protocol to all vessels. Thirdly, the creation of unequal conditions may provoke unwillingness to comply with the requirements established by mandatory IMO standards, which will negatively affect the level of safety of maritime navigation. All these facts contribute to understanding the need for the existence of mandatory IMO standards.

The second is the International Convention on the Training and Certification of Seafarers and Watchkeeping of July 7, 1978 (hereinafter referred to as the STCW Convention), which for the first time at the international level established minimum requirements for the training and certification of seafarers. A significant revision of the STCW Convention has occurred twice. The 1995 amendments were marked by the division of the technical annex into rules and the adoption of the Code for the Training and Certification of Seafarers and Watchkeeping (hereinafter referred to as the STCW Code), and the "Manila Amendments" of 2010 increased the standards and requirements for seafarers.

The STCW Code consists of two parts of eight chapters. The first part introduces mandatory standards with respect to the provisions of the annex to the STCW Convention. In particular, standards regarding: general provisions; captain and deck crew; engine crew; radio specialists; requirements for special training of personnel of certain types of vessels; functions related to emergency situations, labor protection, security, medical care and survival; alternative certification; watchkeeping. The second part is advisory in nature and introduces guidance related to the eight listed areas. It should be noted that the SOLAS and STCW Conventions, together with the International Convention for the Prevention of Pollution from Ships of 1973, are usually singled out as "Basic Conventions", which is certainly true, in connection with their regulation of a wide range of maritime navigation issues.

The third is the Convention on International Rules for the Prevention of Collisions at Sea of October 20, 1972 (hereinafter – IPPCC-72), which establishes rules for the navigation of vessels under various visibility conditions, in particular, the navigation of vessels in sight of each other, and the navigation of vessels in limited visibility. The requirements established by the Convention, in accordance with Paragraph (a) of Rule 1 of Part A, "apply to all vessels on the high seas and waters connected with them, on which sea vessels can sail." Part C and D of the IPPCC-72 define the rules for the placement of lights and signs on the ship, as well as the use of various light and sound signals.

The fourth – the International Convention on Search and Rescue at Sea of March 22, 1979 (hereinafter referred to as the SAR Convention) is aimed at creating an international system that regulates the search and rescue of people in distress at sea by coordinating the activities of States in certain maritime areas. Particular attention should be paid to the Annex to the ATS Convention, consisting of five chapters. Thus, Chapter 1 of the Annex provides terms and definitions for the purpose of uniform application of the provisions of the Convention. Chapter 2 lists the responsibilities of Member States. Thus, subparagraph 2.1.2 establishes that "The Parties must independently or, if necessary, in cooperation with other States, organize the following basic elements of the search and rescue service:

1 legal basis;

2 appointment of a responsible authority;

3 organization of available funds;

4 means of communication;

5 coordination and executive functions; and

6 processes that ensure the improvement of the service, including planning; relationships arising from cooperation at the national and international level; as well as staff training."

Subparagraph 3.1.2 of Chapter 3 establishes the obligations of the Parties "to allow, subject to applicable national laws and regulations, immediate access to their territorial sea or to their territory, or to the airspace above them of rescue units of other Parties, solely for the purpose of finding the location of incidents at sea for the rescue of people." And chapters 4 and 5 are devoted to operational procedures and the ship's message system.

Amendments to all the listed conventions are handled by the Maritime Safety Committee. Due to the fact that these international legal acts have repeatedly undergone changes, including significant ones, the fruitfulness of the work of the International Maritime Organization and its structural body, the Maritime Safety Committee, in terms of codification and progressive development of international maritime law, is beyond doubt. In this connection, the study of the activities of this Organization is an integral part of the study of the entire international law of the sea ^{[23, 24, 25]}.

Conclusion

Due to the increase in the number of members of the Organization, as well as the extensive powers of the Council, the author notes the need for States to adopt amendments approved by Resolution A.1152 (32) of January 8, 2021, aimed at increasing the number of the Council by 2025. The author also draws attention to the need to revise some articles of the IMO Convention, in particular Article 15 c the purpose of creating an opportunity for the Assembly to have the right to reject documents submitted by the Council.

The main IMO body whose activities are related to the safety of maritime navigation, in accordance with Article 28 of the IMO Convention, is the Maritime Safety Committee, which includes all members of the Organization. The Safety Committee also performs the duties delegated to it by any international legal act and recognized by IMO, which significantly expands the work of the Committee, in connection with the possibility of formulating proposals for amendments to various international legal acts related to the safety of maritime navigation.

An example of the Organization's activities to ensure the safety of maritime navigation are international legal acts, including the SOLAS-74, STCW, SAR, IPPCC-72 Conventions. These conventions regulate a wide range of issues related to: the design and construction of ships, the training and certification of seafarers, the rules of navigation of ships under various visibility conditions, the search and rescue of people in distress at sea.

The peculiarity of some standards for the safety of maritime navigation, enshrined in conventions and other international legal acts adopted under the auspices of the Organization, is the obligation of all States to comply with them. This is due to three factors. Firstly, all IMO member States participate in the creation and amendment of international legal acts that enshrine standards of this kind, since they are part of the Maritime Safety Committee. Secondly, if the obligation to comply with IMO standards is fixed only by States that are parties to an international treaty, unequal conditions will arise between States in terms of fulfilling the requirement to ensure the safety of maritime navigation. Thirdly, this approach is aimed at reducing the number of States unwilling to adhere to the requirements established by maritime safety standards.