7 7.

Explain the procedure and the role played by main bodies/organs of IMO towards adopting a convention from the suggestion from one of the committees of IMO. How much time is allowed for the convention to be open for signature by attending states? Explain the term (i) Signature (ii) Ratification as followed by a state to express its consent to be bound by a treaty. Ans. :- IMO :- International maritime organization. Organization structure of IMO consist of 1. 2. 3. Assembly Council Five main committees a) b) c) d) e) Maritime safety committee (MSC) Marine environment protection committee (MEPC) Legal committee Technical co-operation committee Facilitation committee & no. of. Sub committees.

IMO come into existence in 1958. but before that General conventions already been developed. Adoption of IMO convention This is the part of process with which IMO as an organization is most closely involved. IMO has six main bodies concerned with adoption or implementation of conventions. The assembly and council are the main organs and above mentioned committees are involved in adoption of conventions. Development in shipping and other related industries discussed by member states in these bodies, & the need for new convention amendments to existing convention can be raised in any of them.

Normally suggestion is first made one of the committee; since they meet more frequently than council. If agreement is reached in committee, the proposal goes to council and then to assembly. If the assembly/ council as the case may be, give the authorization to proceed with the work, the concerned committee consider the matter in greater detail and ultimately draw up a draft instrument. In some cases the subject may be referred to specialized subcommittee for detail consideration. Work in the committee & subcommittee is undertaken by the representatives of member state of organization. The views and advise of intergovernmental & international non governmental organization, which have working relationship with IMO are also welcome in these bodies. Many of these organizations have direct experience in the various matters under consideration hence able to work with IMO in a practical way. The draft convention which is agreed upon is reported to council & assembly with recommendations for conference to be convened to consider the draft for formal adoption. Invitation to attend such conferences are sent to all member states of IMO & also to all state which are members of UN or any of its specialized agencies. In addition, organization of the united nations system & organization in official relationship with IMO are invited to send observer to the conference to give the benefit of their expert advice to the representative of governments. Before conference opens, the draft convention is circulated to invited governments and organizations for their comment the said draft and suggestions are closely examined by conference and necessary changes are made in order to produce draft

acceptable to all majority of governments present. Convention thus agreed upon is then adopted by conference and deposited with Secretary General

who send copies to governments. The convention is opened for signature by states usually for period of 12 months. Signatories may ratify or accept the convention while non signatories may accede. The drafting and adoption of convention may take several years. Though in some cases where quick response is required to deal with an emergency situation, Governments have been willing to accelerate this process considerably. Ratification :Before convention entry into force, that is, before it becomes binding on governments, which have ratified it, it has to be accepted formally by individual governments. Each convention includes appropriate provisions; stipulated conditions which have to be met before it enters into force. These condition vary but generally speaking, the more important and more complex the document then more stringent are the conditions for its entry into force. When the appropriate conditions have been fulfilled, the convention enters into force for the states which have accepted. Generally after period of grace intended to enable all the state to take the necessary measures for implementation.