The International Maritime Organization (IMO) and International Tribunal for the Law of the Sea (ITLOS) joint workshop on 28 March was held at IMO Headquarters in London to explore maritime legal issues.
The workshop, held following the IMO Legal Committee (LEG 112) session, provided an opportunity for legal experts to explore a range of topics including vessel arrests, key aspects of ITLOS case law and procedures, prompt release, ship nationality, registration, and the challenges posed by fraudulent ship registries.
Opening the workshop, IMO Secretary-General Arsenio Dominguez highlighted the important linkages between IMO and ITLOS.
Thomas Heidar, President, ITLOS, provided an overview of the ITLOS Advisory Opinion on Climate Change and the Ocean, published in May 2024 at the request of the Commission of Small Island States.
The Advisory Opinion addressed two key questions:
- one related to marine pollution with a particular focus on Article 194
- and the other concerning the general obligations of States.
Heidar commented that the ITLOS Advisory Opinion reaffirms that the Convention is not a static treaty but a living instrument capable of addressing evolving environmental threats. Further, it provides much-needed clarity on the obligations of State parties to prevent, reduce, and control marine pollution caused by anthropogenic GHG emissions from various sources, including from vessels.
Flag States, in particular, have a specific obligation to ensure compliance by vessels with international standards, and the IMO’s work in setting these standards is pivotal. Looking ahead, it is clear that fulfilling these obligations will require not only determined action by individual States but also meaningful cooperation between them.
…said Heidar.
The workshop concluded with a presentation from Cyprus, offering a Member State’s perspective on due diligence in ship registration.
