IMO–ITLOS Joint Workshop Highlights Legal Pathways For Maritime Climate Action

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The International Maritime Organization (IMO) and the International Tribunal for the Law of the Sea (ITLOS) held a joint workshop on March 28 at IMO Headquarters in London, uniting legal experts from both bodies to address pressing maritime legal issues and the evolving challenges of climate change.

Key Takeaways from the Workshop

Reinforcing the IMO–UNCLOS Connection

IMO Secretary-General Arsenio Dominguez opened the workshop by emphasizing the deep-rooted connection between IMO conventions and UNCLOS (United Nations Convention on the Law of the Sea). He stated that since IMO had already developed a robust legal framework before UNCLOS was adopted in 1982, many UNCLOS articles explicitly reference IMO treaties, reinforcing the organization’s role as a key standard-setting body in global maritime law.

ITLOS Advisory Opinion on Climate Change

Thomas Heidar, President of ITLOS, presented an overview of the 2024 ITLOS Advisory Opinion on Climate Change and the Ocean, issued in response to a request from the Commission of Small Island States. The opinion clarified two critical legal questions:

  • Obligations under Article 194 of UNCLOS regarding marine pollution from human-made sources, including greenhouse gas (GHG) emissions from vessels.

  • General obligations of States to prevent, reduce, and control marine pollution in the face of climate change.

Heidar emphasized that UNCLOS is a living instrument, adaptable to contemporary environmental threats. The opinion underscores that flag States have specific responsibilities to ensure their vessels comply with international environmental standards—making the IMO’s regulatory role more vital than ever.

Broader Legal Discussions

Held after the 112th session of the IMO Legal Committee (LEG 112), the workshop also covered a wide range of maritime legal topics:

  • Vessel arrests and prompt release procedures

  • Ship nationality and fraudulent registrations

  • Key elements of ITLOS case law and legal processes

A concluding session featured a presentation by Cyprus, offering insights from a Member State’s perspective on due diligence and legal safeguards in ship registration.

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Source: IMO