Binding the International Maritime Organization to the United Nations Convention on the Law of the Sea

Baine Kerr

doi:10.1163/15723747-19020006

Binding the International Maritime Organization to the United Nations Convention on the Law of the Sea

Research output: Contribution to journal › Article › Academic › peer-review

Abstract

The International Maritime Organization’s member states are considering a range of measures to reduce greenhouse gas emissions from shipping, including a fuel oil levy to fund low and zero carbon technology research and development. This article evaluates whether the International Maritime Organization is legally bound by the United Nations Convention on the Law of the Sea—in particular its Articles 203 and 278—despite the organization not being a party to the Convention and not having expressly accepted the obligations it imposes. The article critically analyses and applies the pacta tertiis principle and examines whether the relevant portions of the Convention constitute an ‘objective regime.’ It then considers what viewing the Convention as binding would mean for the imo’s implementation of the proposed levy and its other climate measures, and how doing so could help unify the climate and maritime legal regimes.

Original language	English
Pages (from-to)	391-422
Number of pages	32
Journal	International Organizations Law Review
Volume	19
Issue number	2
DOIs	https://doi.org/10.1163/15723747-19020006
Publication status	Published - 2022

Bibliographical note

Funding Information:
As part of their effort to reduce greenhouse gas ( ghg ) emissions, the International Maritime Organization ( imo )’s member states are considering a mandatory fuel oil levy to fund the research and development of low and zero carbon shipping technology. The proposal would also create an International Maritime Research and Development Board ( imrb or Board) under the auspices of the imo Secretary-General that will distribute approximately $5 billion raised by the levy to governmental, academic, and private applicants. The program is supported by the shipping industry and a mix of developed and developing states. The Board’s draft terms of reference give it significant discretion to decide what projects are funded and whether there are intellectual property conditions attached to its grants.

Publisher Copyright:
© 2022 Baine P. Kerr.

Keywords

International climate change law
international organizations
third-party obligations
objective regimes
law of the sea
International Maritime Organization

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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10.1163/15723747-19020006Licence: CC BY

iolr-article-p391_005Final published version, 343 KBLicence: CC BY

Cite this

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Binding the International Maritime Organization to the United Nations Convention on the Law of the Sea

Abstract

Bibliographical note

Keywords

UN SDGs

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