2 The IMO: Working within the UNCLOS Framework and Global Ocean Governance

Abstract

This chapter explains the main features of the interface between the UN Convention on the Law of the Sea (UNCLOS) and International Maritime Organization (IMO) regulations. Since its adoption the UNCLOS, and in particular its jurisdictional principles, has remained a reference point for much of the IMO’s work. The chapter suggests that greater use could be made by flag and coastal administrations of the powers afforded them under UNCLOS and IMO treaties to ensure that the high seas do not become a ‘dustbin’ for the spill of polluting substances from ships. Flag states have the power to investigate incidents on the high seas involving its ships. Likewise, coastal states have the power in certain defined circumstances to intercept foreign vessels in their exclusive economic zones (EEZs) and territorial seas, as well as to undertake physical inspection and to detain such vessels.