An Analysis of the Legal Aspects of the Mandatory Audit Scheme imposed upon the member States of the International Maritime Organization

Document Type: Original Article

Authors

1 Department of Law , Qeshm Branch, Islamic Azad University, Qeshm, Iran

2 Professor in International Law, Department of Law and Political Science, University of Tehran, Iran

3 professor of Fisheries, Department of Marine Science and Technology, University of Hormozgan, Bandar Abbas, Iran

Abstract

All various functions of the International Maritime Organization (IMO) can be categorized into two types: legislation and regulation. IMO’s regulatory function includes different processes with various objectives, principles, and mechanisms. This study investigates one of the main IMO regulatory tools, namely, the Mandatory Audit Scheme of its Member States, by studying its objectives, principles, and processes. In general, this regulatory tool has evolved in the historical course of its formation, transforming from a self-reporting tool to a voluntary and then a mandatory one. The Mandatory audit process is also performed based on specific principles. Accordingly, each flag, coastal, and port state has unique responsibilities in addition to their general duties. Overall, the tool contributes to enhancing accountability of IMO Member States regarding their obligations under IMO Conventions. Moreover, it helps the governments identify problems regarding law enforcement as well as applicable maritime safety and environmental standards, including issues that have helped IMO develop its capacity to meet its objectives.

Keywords


Article Title [French]

2

Author [French]

  • Ehsan Kamrani 3
2 Professeur de droit international, Département de droit et de science politique, Université de Téhéran, Iran
3 professeur de pêche, Département des sciences et technologies marines, Université d'Hormozgan, Bandar Abbas, Iran
Abstract [French]

All various functions of the International Maritime Organization (IMO) can be categorized into two types: legislation and regulation. IMO’s regulatory function includes different processes with various objectives, principles, and mechanisms. This study investigates one of the main IMO regulatory tools, namely, the Audit Scheme of its Member States, by studying its objectives, principles, and processes. In general, this regulatory tool has evolved in the historical course of its formation, transforming from a self-reporting tool to a voluntary and then a mandatory one. The audit process is also performed based on specific principles. Accordingly, each flag, coastal, and port state has unique responsibilities in addition to their general duties. Overall, the tool contributes to enhancing accountability of IMO Member States regarding their obligations under IMO Conventions. Moreover, it helps the governments identify problems regarding law enforcement as well as applicable maritime safety and environmental standards, including issues that have helped IMO develop its capacity to meet its objectives.

Keywords [French]

  • International Maritime Organization
  • Mandatory Audit Scheme
  • Voluntary Audit Scheme
  • Subcommittee on Implementation of Instruments
  • Implementation Code