UNIT 1

PUBLIC INTERNATIONAL LAW

Is a legal system which controls the way by which sovereign states behaves? Rule and principles which are
legally binding. LAW OF NATIONS—Jeremy Bentham-- the body of legal rules, norms, and standards
that apply between sovereign states and other entities that are legally recognized as international
actors. Law of peace, war and neutrality—relation between the participating and non participating
ountries—3 types of public international law.

PRVIATE INTERNATIONAL LAW

When two private persons of different states enter into a contract related to business, then the private
international law will apply. Between private citizens of different countries. Transactions between two private
individuals. Eg---family law matters, recognition of judgment, torts, contracts, etc. CONFLICT OF
NATIONS

INTERNATIONAL MARITIME LAW

MARITIME LAW- / ADMIRALITY LAW: on private business aspect—it becomes a domestic law, it is
narrower in scope. Applies on ship owners etc only. A body of law that governs nautical issues and private
maritime disputes.
LAW OF SEA is public aspect and it becomes an international law. International agreements between
different countries. applies on all nations

DEVELOPMENT OF MARITIME LAW

The general maritime law has evolved from various maritime codes, including Rhodian law
(circa 800 B.C.), Roman law, the Rôles of Oléron (circa 1190), the Ordonnance de la Marine
(1681), all of which were relied on in Doctors' Commons, the English Admiralty Court, and the
maritime courts of Europe.
This lex maritima, part of the lex mercatoria, or "Law Merchant" as it was usually called in
England, was the general law applicable in all countries of Western Europe until the fifteenth
century, when the gradual emergence of nation states caused national differences to begin
creeping into what had been a virtually pan-European maritime law system.
TOJO MARO CASE: Municipal character of admiralty and maritime law together. How and why
international colour is also of municipal character. Given by Lord Diplock.
 IFFERENCE BETWEEN MARITIME AND LAW OF SEA

It shell be strictly differentiated from the law of the sea, which is only small part of
international set of rules and mainly regulates the maritime zones and rights and obligations of
states with regards to them.
Law of the Sea is mainly included in UNCLOS, when the international public maritime law sets
for governing issues that arise between private law entities, being the actors in the maritime
traffic and activities conducted therein.
The international public maritime law provides the regulations for safety and security standards
with regards to private relations in maritime transport. It defines environmental issues and
clarifies the behavior of private legal actors in international maritime traffic.
International safety standards are included in the codes and procedures adopted by the
framework of SOLAS. However, there are several legal documents which jointly provide
with the regulations with regards to safety at sea.
International private maritime framework consists of private or civil law to regulate the
contracts of national origin. However, because of the constant movement of vessels between
different countries, those contracts must be subjected to the jurisdiction of international
community. The need to harmonize relevant national regulations with regards to marine traffic
created international private law conventions that establish uniform contractual regimes.
There are several matters in national regulations that are highly influenced by
international standards. The carriage of goods and passengers by sea is fundamentally
regulated by bilateral, private agreements between two parties; however the
international law of the sea may influence the carriage contract in the way of public
standards for human safety and environmental protection. Thus, SOLAS and MARPOL
regulations might be written or read into those contracts as a multitude of specific
clauses.

COMMON LAW VS. CIVIL LAW

In common law: not codified; there is jury system. Eg: India, USA. They have layman
as jury
In civil law: in Europe: codified; opinion of judges do not have to be anonymous. No
jury system. In civil law judges give decisions with the help of already existing law.
CIVIL LAW, IF THEIR JURY THEY ARE JUDGES
COMMON LAW: layman jury
Maritime law: no jury system
 DEVELOPMENT OF LAW OF SEA

CONSULATE OF THE SEA

The Consulate of the Sea (Catalan: Consolat de mar; pronounced [kunsuˈlad də ˈmaɾ])
was a quasi-judicial body set up in the Crown of Aragon, later to spread throughout the
Mediterranean basin, to administer maritime and commercial law. The term may also
refer to a celebrated collection of maritime customs and ordinances in Catalan
language, also known in English as The Customs of the Sea, compiled over the 14th
and 15th centuries and published at Valencia in or before 1494.

WISBY’S MARITIME LAW

Wisby's maritime law was of supraregional importance in the North and Baltic Sea
region until the 19th century and was widespread in Low German, Dutch and Danish
versions. However, it was applied on a subsidiary basis , so that in places with their
own maritime regulations, such as in the Hanseatic cities and also in Wisby itself, these
were usually applied initially. As the law of the sea of supraregional validity, the law of
the sea in Wisby had far-reaching effects. Even until the 18th century it was
mistakenly regarded as the original European maritime law of the Middle Ages and the
source of other legal collections. It was occasionally quoted in court judgments in the
19th century.
ROLES D OLERON

The Rôles d'Oléron are a French law of the sea from the 13th century. They described
customary law at sea, the customs of sea trade and a catalog of penalties for
violations.
OTHER NAME OF BLACK BOOK IS: JEWEL OF ADMIRALTY RECORDS
The laws of Wisby, Hansa, and Oleron are considered the three pillars upon which British
Admiralty Law was built. Keeping the fundamentals of historic sea law, the Admiralty Courts in
England were challenged with the industrial revolution in the last half of the 1700s. The codes
were updated for the changes that engines brought to the industry and for growing
complexities in international relations as trade became more global.
Standing somewhat separate from the other English courts, the Admiralty Courts heard
all nautical cases, including those of the British Colonies
 UNIT 2
IMO- INTERNATIONAL MARITIME ORGANIZATION
The first sea-going sailing ships were developed by the Austronesian peoples from
what is now Taiwan. Their invention of catamarans, outriggers, and crab claw sails
enabled their ships to sail for vast distances in open ocean. It led to the Austronesian
Expansion at around 3000 to 1500 BC.
IMO's first task was to adopt a new version of the International Convention for the
Safety of Life at Sea (SOLAS),
facilitation of international maritime traffic, load lines and the carriage of dangerous
goods, while the system of measuring the tonnage of ships was revised
Tonnage is a measure of the cargo-carrying capacity of a ship, and is commonly used
to assess fees on commercial shipping.
During the next few years IMO introduced a series of measures designed to prevent
tanker accidents and to minimize their consequences. It also tackled the environmental
threat caused by routine operations such as the cleaning of oil cargo tanks and the
disposal of engine room wastes - in tonnage terms a bigger menace than accidental
pollution.
The most important of all these measures was the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (MARPOL 73/78). It covers not only accidental and operational oil pollution but
also pollution by chemicals, goods in packaged form, sewage, garbage and air
pollution.
High-speed craft – Multihulls including wave piercers, small-waterplane-area twin
hull (SWATH), surface effect ships and hovercraft, hydrofoil, wing in ground effect craft
(WIG).
Off shore oil vessels – Platform supply vessel, pipe layers, accommodation and crane
barges, non and semi-submersible drilling rigs, production platforms, floating
production storage and offloading units.
Fishing vessels Motorised fishing trawlers, trap setters, seiners, longliners, trollers & factory
ships. Traditional sailing and rowed fishing vessels and boats used for handline fishing
Harbour work craft Cable layers Tugboats, dredgers, salvage vessels, tenders, Pilot boats.
Floating dry docks, floating cranes, lightership.
Dry cargo ships – tramp freighters, bulk carriers, cargo liners, container vessels, barge
carriers, Ro-Ro ships, refrigerated cargo ships, timber carriers, livestock & light vehicle
carriers.
Liquid cargo ships – Oil tankers, liquefied gas carriers, chemical carriers.
Passenger vessels Liners, cruise and Special Trade Passenger (STP) ships Cross-channel,
coastal and harbour ferries. Luxury & cruising yachts Sail training and multi-masted ship
Special-purpose vessels – weather and research vessels, deep sea survey vessels,
and icebreakers.
Submersibles – industrial exploration, scientific research, tourist and hydrographic
survey.
Warships and other surface combatants – aircraft carriers, destroyers, frigates,
corvettes, minesweepers, etc.
IMO FACTS
Only countries can become members of IMO, incase one individual wants to approach,
then they have to raise the issue to International Maritime Admininstration or
appropriate IPO or NGO
175 STATES OF MEMBER
80 IGO's
63 NGO' s
3 associate members: HONG KONG MACAO- Both under china (they are called as the
special economic zones of china) FAROES ISLANDS (near eurpoe- atlantic ocean)
A member of UN doesn’t automatically becomes of IMO

IMO ASSEMBLY

The IMO Assembly (6-15 December 2021) elected the following States to be Members
of its Council for the 2022-2023 biennium:
Category (a): 10 States with the largest interest in providing international shipping
services
China Greece Italy Japan Norway Panama Republic of Korea Russian Federation United
Kingdom of Great Britain and Northern Ireland United States
Category (b): 10 States with the largest interest in international seaborne trade:
Australia Brazil Canada France Germany India Netherlands Spain Sweden United Arab Emirates
Category (c): 20 States not elected under (a) or (b) above, which have special
interests in maritime transport or navigation and whose election to the Council will
ensure the representation of all major geographic areas of the world:
Bahamas Belgium Chile Cyprus Denmark Egypt Indonesia Jamaica Kenya Malaysia Malta
Mexico Morocco Philippines Qatar Saudi Arabia Singapore Thailand Turkey Vanuatu
Red Tapism refers to excessive regulation or rigid conformity to formal rules that is
considered redundant and bureaucratic and hinders action or decision-making. In other
words, these are burdensome rules, providing no added value.

SCOPE OF IMO:
SAFETY, SECURITY, TRANSPORTATION AND COMMUNICATION
INTERNATIONAL/ MARITIME: CONTRACTS AGREEMENTS
LEGAL COMMITTEE: LEGALS MATTERS IN COMMUNICATION
SAFETY: INTERNATIONAL LAW

4 PILLARS OF INTERNATIONAL MARITIME LAW

The Four Pillars of International Maritime Law

90 % for the countries are related to each other through maritime trade
4 PILLARS: several important international conventions had already been developed,
including the International Convention for the Safety of Life at Sea of 1948, the
International Convention for the Prevention of Pollution of the Sea by Oil of 1954 and
treaties dealing with load lines and the prevention of collisions at sea.
STCW – Standards of Training, Certification and Watch keeping
MLC – Maritime Labour Convention

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Consent may be expressed by signature where:
Consent may be expressed by signature where: the treaty provides that signature shall have
that effect it is otherwise established that the negotiating States were agreed that signature
should have that effect the intention of the State to give that effect to signature appears from
the full powers of its representatives or was expressed during the negotiations (Vienna
Convention on the Law of Treaties, 1969, Article 12.1).
subject to ratification, acceptance or approval"
In such a situation, signature does not signify the consent of a State to be bound by
the treaty, although it does oblige the State to refrain from acts which would defeat
the object and purpose of the treaty until such time as it has made its intention clear
not to become a party to the treaty (Vienna Convention on the Law of Treaties, Article
18(a)).
document of ratification.

example: convention on war crimes. 'A' has signed it only but has not ratified. A
country will respect the points mentioned in that convention as they are guidelines

AMMENDMENTS
In early conventions, amendments came into force only after a percentage of
Contracting States, usually two thirds, had accepted them
tacit acceptance" of amendments by States.
Instead of requiring that an amendment shall enter into force after being accepted by,
for example, two thirds of the Parties, the “tacit acceptance” procedure provides that
an amendment shall enter into force at a particular time unless before that date,
objections to the amendment are received from a specified number of Parties.
18 to 24 months is given by IMO to raise the objections on working of that
amendment.
In the case of the 1974 SOLAS Convention, an amendment to most of the Annexes
(which constitute the technical parts of the Convention) is `deemed to have been
accepted at the end of two years from the date on which it is communicated to
Contracting Governments...' unless the amendment is objected to by more than one
third of Contracting Governments, or Contracting Governments owning not less than
50 per cent of the world's gross merchant tonnage. This period may be varied by the
Maritime Safety Committee with a minimum limit of one year.
Contracting Governments enforce the provisions of IMO conventions as far as their own
ships are concerned and also set the penalties for infringements, where these are
applicable
flag state: country whose ship it is
if any crime or incident of such nature happens at international water
Should an offence occur within the jurisdiction of another State, however, that State
can either cause proceedings to be taken in accordance with its own law or give details
of the offence to the flag State so that the latter can take appropriate action.
The way in which these powers may be used are very carefully defined, and in most
conventions the flag State is primarily responsible for enforcing conventions as far as
its own ships and their personnel are concerned. The Organization itself has no powers
to enforce conventions.

SDG
"The mission of the International Maritime Organization (IMO), as a United Nations
specialized agency, is to promote safe, secure, environmentally sound, efficient and
sustainable shipping through cooperation. This will be accomplished by adopting the
highest practicable standards of maritime safety and security, efficiency of navigation
and prevention and control of pollution from ships, as well as through consideration of
the related legal matters and effective implementation of IMO instruments, with a view
to their universal and uniform application."
the strategic directions: SD 1 Improve implementation SD 2 Integrate new and advancing
technologies in the regulatory framework SD 3 Respond to climate change SD 4 Engage in
ocean governance SD 5 Enhance global facilitation and security of international trade SD 6
Ensure regulatory effectiveness SD 7 Ensure organizational effectiveness
The Marine Environment Protection Committee (MEPC) deals with all issues relating to
marine environment protection as it relates to shipping. the Sub-Committee on
Polllution Prevention and Response (PPR) reports to the MEPC.

4 PILLORS: 1) SOLAS 2) MARPOL 3)STCW 4)MLC

1. SOLAS
SOLAS :excluding warships, cargo ships of less than 500 GT, non-propelled ships,
wooden ships, non-commercial pleasure yachts and fishing vessels
The SOLAS Convention has witnessed various versions over the years (1929, 1948,
1960).
The latest version was introduced 1974, when a completely new Convention was
adopted
Convention continues to mandate basic safety aspects for ships travelling in
international waters, such as machinery, fire protection, and lifesaving appliances. The
SOLAS Convention is regularly updated and amended to remain abreast of the
changing needs, technologies, and risks of the maritime industry
SOLAS IS APPLICABLE ON MERCHANT SHIPS AT INTERNATIONAL WATERS
MERCHANTS SHIPS ARE CARGO SHIPS
Which vessel does not apply SOLAS to? fishing vessels Apart from Chapter V, SOLAS does
not apply to fishing vessels, wooden ships of primitive build and ships not propelled by
mechanical means, thus leaving out most of the fleet in the developing countries;
The SOLAS Convention does not apply to all ships. Only vessels travelling
international waters (excluding warships, cargo ships of less than 500 GT, non-
propelled ships, wooden ships, non-commercial pleasure yachts and fishing vessels)
will be held accountable to the standards enforced by SOLAS.

2. MARPOL
MARPOL Convention also sets standards for the stowing, handling, and transfer of
hazardous cargoes
Unlike SOLAS, the MARPOL Convention applies to vessels of all types flagged under a
State member of the Convention, or that operate within its jurisdiction, regardless of
where they sail. Signatory flag states are obliged to incorporate MARPOL requirements
into domestic law.
the IMO established MARPOL in 1973, putting in place an international agreement on
the prevention of pollution to the marine environment by ships from operational or
accidental causes.
the 1978 MARPOL Protocol was added to the original MARPOL Convention. The
combined Convention entered into force in 1983.
MARPOL initiated changes to ship design and standard of construction, with the aim of
mitigating any potential treat of spillage, following incidents at sea.
The new regulation applies to all ships of member states, regardless of size, operation,
or destination.
 3. STCW
The STCW – Standards of Training, Certification and Watchkeeping for Seafarers – sets
minimum qualification standards for personnel and crew of all levels on board a ship,
including masters, officers and watch personnel.
The STCW standards apply to all ships greater than 24 meters in length and apply to
all crew members.
Unlike other Conventions, the STCW applies to ships of non-Party States when visiting
ports of States which are parties to the Convention.
Prior to this, any such standards were set by individual governments. With each
country abiding by national requirements, standards of training, expected knowledge,
and experience varied widely throughout the world.
Major amendments were made to the STCW in 1995 and again in 2010, to address
concerns with the existing Convention and incorporate updates to meet modern day
training requirements.

3. MLC
Under the MLC, seafarers will have minimum working and living rights covering: Contracts of
Employment Pay Manning Levels Hours of Rest Leave Entitlement Repatriation Compensation
for Ship Loss or Foundering Career and Skills Development
The MLC does not cover seafarers serving on ships operating across inland or sheltered
waters, fishing vessels, or warships and auxiliary vessels.
The treaties applies to all ships entering the harbours of parties to the treaty (port
states), as well as to all ships flying the flag of state party
Although the Convention has not been ratified worldwide, it has widespread effect
because vessels from non-signatory states that attempt to enter ports of signatory
states may face arrest and penalties for non-compliance with the MLC.
Under the MLC, the national authority of the party has the power to withdraw a ship’s
maritime labour certificate if requirements and conditions are found to be in breach of
MLC standards. Channels are available for seafarers to open a complaint should they
feel the MLC is not followed on board a vessel.
 UNIT 3
MARE LIBEERUM
the Free Seas, or Mare Liberum, published in 1609, established some of the major
concepts in this field. He articulated the principle of the freedom of the seas, that the
sea should be free and open to use by all countries.
Formulation of the Law of the sea was led by the father of the Modern International Law, Hugo
Grotius Dutch jurist and scholar (1583-1645).
The principle of freedom of the seas was followed for a long time which limited the
rights of the Nations and their jurisdiction only over the narrow belt of which surrounds
the coastline of a Nation. It stressed on the freedom to navigate the oceans and the
law, endorsing the doctrine of the open sea, wherein no regulation was there and the
remainder of the sea belonged to be free for all to explore, but belonging to none

MARE CLAUSUM
1631 by an English jurist, John Selden (1584–1654), who wrote Mare Clausum, which
upheld the doctrine of that waters contiguous to the coastline of a country should be
solely under the dominion of that country.
The Sea-Watch 4 is a former German research ship. The ship is owned by Sea-Watch
e. V. who are using her as a rescue ship for refugees in distress on the Mediterranean
Sea. Previously, the GEOMAR Helmholtz Centre for Ocean Research Kiel (GEOMAR)
operated the ship under the original name of Poseidon, after the Greek god of the sea,
with the State of Schleswig-Holstein as the owner. In January 2020 the ship was
auctioned and bought by Sea-Watch e. V. and renamed Sea-Watch 4 on 20 February
2020

In the early 20th century, some nations expressed their desire to extend national claims: to
include mineral resources, to protect fish stocks, and to provide the means to enforce pollution
controls. (The League of Nations called a 1930 conference at The Hague, but no agreements
resulted.) Using the customary international law principle of a nation's right to protect its
natural resources, President Truman in 1945 extended United States control to all the natural
resources of its continental shelf. Other nations were quick to follow suit. Between 1946 and
1950, Argentina, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical
miles to cover their Humboldt Current fishing grounds. Other nations extended their territorial
seas to 12 nautical miles.

freedom of sea: 3 nau miles

UNCLOS: 12 NAU MILES
President Truman in 1945 extended United States control to all the natural resources of its
continental shelf. Other nations were quick to follow suit. Between 1946 and 1950, Argentina,
Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles to cover their
Humboldt Current fishing grounds. Other nations extended their territorial seas to 12 nautical
miles.
CUSTOMARY PRACTICE
TERRITORIAL JURISDICTION OVER TERRITORIAL WATERS
In 1967, the Third United Nations Conference on the Law of the Sea was convened. In
this conference, the UN ambassador from Malta Mr Arvid Pardo requested a legal
power that could bring about international governance over the oceanic floor and bed.

UNCLOS
From 8th feb, visit notes
The United Nations Convention on the Law of the Sea (UNCLOS), 1982 is an
international agreement that establishes the legal framework for marine and maritime
activities.
five main zones namely- Internal Waters, Territorial Sea, Contiguous Zone, Exclusive
Economic Zone (EEZ) and the High Seas.
QUEEN v KYEN: 1876: GERMAN SHIP, CAPTAIN WAS CONVICTED BY LOWER BRITISH
COURTS: GERMAN SHIP WAS FRANCONIA
TERRITORIAL WATER'S JURISDICTION ACT 1878
3 MILES IN BRITISH WATERS
NEW SOUTH WALES V. THE COMMONWEALTH 1976: THE INTERNATIONAL LAW
BY ITSELF, WHATEVER RIGHTS IT MIGHT CONFER ON COASTAL STATES, IS NOT
CAPABLE OF ENLARGING ITS TERRITORY UNTIL STATE CONCERNED CREATES A
LEGISLATION
On 28 September 1949, the UK requested that the International Court of Justice
determine how far Norway's territorial claim extended to sea, and to award the UK
damages in compensation for Norwegian interference with UK fishing vessels in the
disputed waters, claiming that Norway's claim to such an extent of waters was against
international law.
On 18 December 1951, the ICJ decided that Norway's claims to the waters were
consistent with international laws concerning the ownership of local sea-space

UNCLOS 1 AND II
four multilateral conventions covering various aspects on the law of the sea were adopted: 1)
Convention on the Territorial Sea and Contiguous Zone; 2) Convention on the High Seas; 3)
Convention on Fishing and Conservation of Living Resources; and 4) Convention on the
Continental Shelf.
UNCLOS II was a failure
In 1966, President Lyndon B. Johnson referred to the deep sea and the seabed as the legacy of
all humans. The following year, the Ambassador to the UN from Malta, Arvid Pardo, presented
a proposal to the UN General Assembly declaring that the seabed should be part of the
common heritage of mankind.
“Constitution of the Sea” the Convention came into force in 1994, and as of June
2016 168 parties have joined the Convention
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior
elaborating the principle that the authority of government derives from and is limited
by a body of fundamental law"
he principles of supremacy of the law, equality before the law, accountability to the
law, fairness in the application of the law, separation of powers, participation in
decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal
transparency.
The Convention was consciously written as a comprehensive articulation of the rights
and responsibilities of States with respect to, among other things, navigation,
exploitation of resources, and exploration of the world’s oceans

ITLOS
It governs, among other things, limits of national jurisdiction over ocean space, access to the
seas, navigation, protection and preservation of the marine environment, exploitation of living
resources and conservation, scientific research, sea-bed mining and other exploitation of non-
living resources. It also covers dispute settlement, created international bodies to realize
specific objectives, and fosters international cooperation to address maritime issues such as
safety and environment.

While territorial seas are subject to the exclusive jurisdiction of the coastal States, the
coastal States’ rights are limited by the passage rights of other States, including
innocent passage through the territorial sea and transit passage through international
straits.
CORFU CHANNEL CASE

EEZ

States may claim an EEZ that extends 200 nautical miles from the baseline. In this
zone, a coastal State has the exclusive right to exploit or conserve any resources found
within the water, on the sea floor, or under the sea floor’s subsoil.
These resources encompass both living resources, such as fish, and non-living
resources, such as oil and natural gas.
Article 56 also allows States to establish and use artificial islands, installations and
structures, conduct marine scientific research, and protect and preserve the marine
environment through Marine Protected Areas
200NM FROM BASELINE
These three areas, collectively known as the continental margin, are rich in natural
resources, including oil, natural gas and certain minerals.
The first method is by measuring geological features using what is called the Gardiner
formula.
The second method is to use fixed distances in what is called the Hedberg formula.
This expanded continental shelf cannot, however, exceed (i) 350 miles from the
baseline or (ii) 100 miles from the 2,500-meter isobath
an imaginary line or a line on a map or chart that connects all points having the same
depth below a water surface (as of an ocean, sea, or lake) 2 : a line similar to an
isobath indicating depth below the earth's surface of an aquifer or other geological
horizon.
 Commission on the Limits of the Continental Shelf (CLCS)

The CLCS uses scientists to evaluate States’ claims about the extent of their
continental shelves and whether they conform to the Convention’s standards.
continental shelf extend only to non-living resources and sedentary living resources,
such as shellfish
It also allows the coastal State to build artificial islands, installations, and structures.
Other States can harvest non- sedentary living resources, such as finfish; lay
submarine cables and pipelines; and conduct marine research as if it were international
waters
As with the EEZ, continental shelf rights do not grant a State the right to restrict
navigation.

LOSC

The LOSC states that the Area is considered “the common heritage of all mankind”12
and is beyond any national jurisdiction.
LOSC does not impose any limitations on fishing in the high seas, it encourages
regional cooperation to conserve those resources and ensure their sustainability for
future generations.
International Seabed Authority, referred to as the Authority in the LOSC document.
This international body, headquartered in Jamaica, is responsible for administering
these resource projects through a business unit called the Enterprise. The Enterprise
was organized to be governed much like a public-traded corporation with a Council
(functioning as an Executive Committee) and a Secretariat (which handles day-to-day
administration). As an international body, the Authority also includes an Assembly of
representatives from each nation which functions like a large Board of Directors.

RIGHT TO INNOCENT PASSAGE

An exception to the authority to deny innocent passage to aircraft exists within the
limited context of the “right of assistance entry

The right of assistance entry permits entry into the territorial sea by ships or, under
certain circumstances, aircraft without permission of the coastal State for the limited
purposes of rescue or assistance. This principle of customary international law is also
reflected in the “duty to render assistance” described in Article 98 of the LOSC
The right of innocent passage applies to straits used for international navigation in
accordance with the LOSC and cannot be suspended even when a situation of armed
conflict exists.
The US — which has not ratified the UNCLOS unlike India, China and many other
countries — does regularly conduct FONOPs in the contentious South China Sea to
challenge China’s aggressive territorial claims as well as in other areas including the
Indian Ocean Region.

SOUTH CHINA SEA DISPUTE

BY PHILLIPPINESS
On January 22, 2013, the Philippines initiated arbitral proceedings against China under
Articles 286 and 287 of LOSC. Article 286 allows for the referral of disputes, where no
settlement has been reached, to binding resolution in a court or tribunal specified in
Article 287. Through Article 287, the Philippines elected to use an arbitral tribunal in
accordance with Annex VII of the LOSC.
the Philippines was able to successfully invoke Article 9 of Annex VII of the LOSC to
request that the proceeding continue despite China’s non-participation.

1. CHINA breached the obligation to preserve environment under article 192 of

UNCLOS in the South China Sea.
2. Chinese government vessels- inconsistent with safe navigation

EXAM
 The IMO's primary purpose is to develop and maintain a
comprehensive regulatory framework for shipping and its remit
today includes maritime safety, environmental concerns, legal

matters, technical co-operation, maritime security and the
efficiency of shipping.
==imp ammdments

https://www.imo.org/en/About/Pages/Structure.aspx