Options for Regional Regulation of Merchant Shipping Outside IMO, with Particular Reference to the Arctic Region

• Published in: Ocean development and international law Vol. 45; no. 3; pp. 272 - 298
• Main Author: Molenaar, Erik J.
• Format: Journal Article
• Language: English
• Published: New York Taylor & Francis 03.07.2014; Taylor & Francis LLC; Taylor and Francis Ltd
• Subjects: Andre rettsvitenskapelige fag: 349; Arctic; Arctic Region; Arctic regions; Control; Conventions; Flags; Freedom of the seas; IMO; Instruments; International law; International Maritime Organization; International organizations; Law of the sea; Law: 340; Laws; Marine; Maritime industry; Maritime law; Maritime legislation; Merchants; Oceans; Organizations; Other subjects within law: 349; Polar environments; Polar waters; Ports; Regional; regional regulation; Regions; Regulation; Rettsvitenskap: 340; Rights; Samfunnsvitenskap: 200; Sea law; Sea transport; Shipping; Ships; Social science: 200; Unilateralism; United Nations Convention on the Law of the Sea; United Nations Convention on the Law of the Sea (1982 December 10); VDP; Water; UNITED STATES; Arctic region; PN, Arctic
• ISSN: 0090-8320; 1521-0642
• DOI: 10.1080/00908320.2014.929474

Regulation of international merchant shipping is predominantly carried out by global bodies, of which the International Maritime Organization (IMO) is the most prominent. The UN Convention on the Law of the Sea nevertheless explicitly or implicitly allows (limited) unilateral prescription by flag, coastal, and port states as well as the exercise of these rights collectively at the regional level. Some IMO instruments acknowledge the right to impose more stringent standards and others even encourage regional action. Moreover, while the mandate and practice of the IMO have expanded significantly since its establishment in 1958, further expansion is subject to constraints. This article explores various options for regional regulation of merchant shipping outside of the IMO. Special attention is given to such options in the Arctic region in the context of the efforts within the IMO regarding the adoption of the Mandatory Code for Ships Operating in Polar Waters.