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

摘要

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.