The IMO: who writes the rules and who checks the states
1The lesson in plain words
The IMO writes global shipping rules, but it cannot enforce them. States make them law, and since 2016 the IMO audits how well each state does that.
What the IMO is
The International Maritime Organization (IMO) is the United Nations agency for shipping safety, security and environmental performance. It sits in London and has 176 Member States. It drafts and adopts conventions (treaties) and codes but has no enforcement police. A convention binds a state internationally once it consents to be bound, for example by ratification or accession (formal ways to join), and the convention enters into force for it. The state must implement its obligations in national law.
Assembly and Council
The Assembly of all Member States is the top body. It meets every two years, approves the budget and work plan, and elects the Council. The Council has 40 members serving two-year terms and runs the IMO between Assemblies. Amendments adopted in 2021 would enlarge it to 52 members, but they need acceptance by two thirds of Member States and are not yet in force.
The committees
The technical work happens in committees open to every Member State. The Maritime Safety Committee (MSC) handles SOLAS, STCW, COLREG and Load Lines. The Marine Environment Protection Committee (MEPC) handles MARPOL and the other environment treaties. The Legal Committee (LEG) deals with liability and compensation. The Facilitation Committee (FAL) simplifies port formalities and documents. Seven sub-committees prepare the detail, including HTW (human element, training and watchkeeping).
The III Code
A rule only works if each state applies it. The IMO Instruments Implementation Code (III Code) sets out what a state must do in each of its three roles: as flag state (the state whose flag the ship flies), port state (the state whose port the ship visits) and coastal state (the state whose waters the ship passes). The III Sub-Committee also analyses casualty reports and port state control data.
The IMSAS audit
Since 1 January 2016 the IMO Member State Audit Scheme (IMSAS) has been mandatory. IMO auditors visit each state, normally about once every seven years, and check it against the III Code: its laws, surveys, certificates, casualty investigations and port state control. The state then writes a corrective action plan. A summary of findings is shared with the other Member States.
2Key data
- IMO Member States
- 176 (plus 3 Associate Members)
- Assembly
- All Member States, every two years
- Council
- 40 members; 2021 amendments to 52 not yet in force
- Main committees
- MSC, MEPC, LEG, FAL, plus Technical Cooperation (TCC)
- IMSAS
- Mandatory audit of states since 1 January 2016
- Audit standard
- III Code: flag, port and coastal state duties
3Key points
- 1
States choose whether to become parties to conventions; parties must implement their duties.
- 2
MSC runs safety, MEPC the environment, LEG liability and FAL port formalities.
- 3
The III Code lists what a state must do as flag, port and coastal state.
- 4
IMSAS audits each state against the III Code; it has been mandatory since 2016.
4Frequent mistakes
Wrong: The IMO inspects ships and can detain them.
Right: IMO does not inspect or detain ships under port state control. Flag states survey ships; port states inspect them under national law.
Wrong: An IMO convention applies to every ship once the IMO adopts it.
Right: A convention binds a state after it consents to be bound and the convention enters into force for it.
Wrong: IMSAS audits shipping companies.
Right: IMSAS audits Member States against the III Code. It checks how the state implements its convention obligations.
5Practice case & exam keys
A supplier says an IMO leaflet proves new equipment is legally acceptable on your ship. Your flag’s requirements have not been checked. Do you approve the purchase on that basis?
Show the answer
No. An IMO leaflet alone does not establish acceptance under your flag’s law. Ask the master or company to confirm the applicable convention, entry into force for the flag and national requirements. IMO adopts standards; the flag implements them. Do not treat an IMO publication as flag approval.
Exam keys
- IMO: UN agency; conventions bind states after consent and entry into force for them; national law implements duties.
- Assembly every two years; Council of 40; MSC, MEPC, LEG, FAL committees.
- III Code: obligations as flag, port and coastal state.
- IMSAS: mandatory audit of Member States since 1 January 2016.
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