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

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.