IMO's contribution to international law regulating maritime security

Abstract

This thesis deals with the International Maritime Organization's contribution to the progressive development and codification of maritime security law. Whilst the 1982 United Nations Convention on the Law of the Sea provides certain rules dealing with maritime security, it fails to provide adequate responses to contemporary maritime crimes. The International Maritime Organization has been active in developing rules to deal with a vast range of maritime security threats, however given the limitation of space this thesis will focus on the International Maritime Organization's contribution with respect to acts against the safety navigation, contemporary piracy and armed robbery against ships. The 1982 Convention does not deal with crimes against the safety of navigation, particularly those that are motivated by ideological reasons. This lacuna was dealt with by the International Maritime Organization. Its efforts are reflected in the adoption of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and its Protocol, together with the 2005 Protocols which followed the September 11 New York tragedy. The International Maritime Organization also contributed to the international community's fight against piracy. Over the years it has prepared the necessary framework to complement the piracy provisions in the 1982 Convention which are inadequate to combat contemporary piracy such as for example that found in offshore Somalia. Based on its information gathering practice, it has provided on a regional and international basis well-founded measures to ensure that the fight against piracy is successful. Particularly noteworthy is the success of International Maritime Organization's initiative to obtain authorisation from the Security Council to pursue pirates even when they enter the territorial sea of Somalia. The International Maritime Organization's contribution to protecting maritime security is important and vital in the interest of safety of life at sea and safer shipping.