The role of the IMO in promoting environmental protection

The IMO has developed an extensive legal framework for the environmental regulation of ships in response to the externalities caused by shipping activities. Shipping interests have dominated the negotiating process due to the sectoral character of the IMO. Thus the industry complains about over-regulation when the environmental effectiveness of the developed regulatory regimes is questionable. This chapter provides insights into the four regulatory themes of the IMO environmental framework, namely the development of intervention rights in cases of environmental disasters, compensating the victims of pollution, reducing operational pollution and ensuring effective implementation of the agreed framework. The chapter concludes that the existing system should be reconsidered by providing incentives for improved environmental performance, removing grandfathering clauses and using flexible regulatory approaches to optimise the efficiency of regulations. This transformation requires balancing the sectoral interests in the IMO with the environmental and social consequences of shipping activities. A cross-sectoral overview and guidance are required to ensure environmental protection from the integrated impact of all sectors. The IMO, with its sectoral character, is incapable of delivering marine environmental protection. To the extent that the agreed regimes are ineffective, focusing primarily on their implementation is not the optimal way forward. © The Editors and Contributors Severally 2024.