1. International Maritime Organization
THE TREATY AMENDMENT
PROCESS AND THE POLAR CODE
FREDERICK KENNEY
DIRECTOR, LEGAL AFFAIRS AND EXTERNAL RELATIONS DIVISION

2. STRUCTURE OF THE PRESENTATION
IMO ORGANS AND RESPONSIBILITIES
CONSIDERATION BY COMMITTEES
PROCEDURAL STEPS
TREATY LAW COMPLEXITIES OF THE POLAR CODE .

3. IMO CONSTITUTIVE ORGANS AND THEIR TREATY RESPONSIBILITIES
ASSEMBLY
COUNCIL
(2 Treaties)
MSC
(16 Treaties)
MEPC
(9 Treaties)
LEG
(23 Treaties)
TCC
FAL
(1 Treaty)
IMO has six main bodies concerned with the adoption or implementation of conventions. The Assembly and Council are the main organs, and the committees involved are the Maritime Safety Committee, Marine Environment Protection Committee, Legal Committee and the Facilitation Committee.
The Assembly consists of all the Members and its regular sessions take place once every two years. Among other important functions it is up to the Assembly to recommend to Members for adoption, regulations and guidelines concerning maritime safety, the prevention and control of marine pollution from ships and other matters concerning the effect of shipping on the marine environment assigned to the Organization by or under international instruments, or amendments to such regulations and guidelines which have been referred to it. Besides that the Assembly takes decisions in regard to convening any international conference or following any other appropriate procedure for the adoption of international conventions or of amendments to any international conventions which have been developed by the Committees or other organs of the Organization.
The Council is composed of forty Members elected by the Assembly. Usually it meets twice a year to consider, among other things, the draft work programme, that includes also plans regarding adoptions of new instruments or any amendments to existing ones, as well as proposals and recommendations of the Committees. The Council approves drafts prepared by the Committees and then transmits them to the Assembly.
Ten members of the Council shall be States with the largest interest in providing international shipping services; Ten shall be other States with the largest interest in international seaborne trade; Twenty shall be States not elected under previous criteria 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.
The five Committees that consist of all the Members meet at least once a year.
Maritime Safety Committee (MSC)
Marine Environment Protection Committee (MEPC)
Facilitation Committee (FAL)
Legal Committee (LEG)
These committees develop drafts of international conventions and of amendments to them. All drafts and proposals are prepared by these Committees are then submitted to the Council for the approval.
The Technical Co-operation Committee is the only Committee that does not submit to the Council any drafts of international regulations. However it plays a vital role in the implementation of the international instruments especially in the developing countries for which the technical cooperation is designed.
SUB-COMMITTEES
LEGAL AFFAIRS AND EXTERNAL RELATIONS DIVISION

4. DECISION MAKING PROCESS
CONSENSUS
VOTING
Decisions - Majority
Treaty Adoption / Amendment – 2/3 Majority
IMO CONVENTIONS AND THE VCLT
Most decisions at IMO are taken through consensus.
The rules of procedures of the Assembly provide that the decisions of this body are taken by the majority vote of the Member States.
The Rules of Procedures of Committees (LEG., MEPC, MSC, etc) provide that the decisions are taken by the majority vote of Members of the Committee (each Member of the Organization can be also a member of a committee)
Our treaties usually provide that the amendments shall be adopted by 2/3 majority of States Parties
LEGAL AFFAIRS AND EXTERNAL RELATIONS DIVISION

5. THE TREATY AMENDMENT PROCESS AT IMO
STEP 1: PLACEMENT ON THE WORK PROGRAMME
GUIDELINES ON THE ORGANIZATION AND METHOD OF WORK OF THE MARITIME SAFETY COMMITTEE AND THE MARINE ENVIRONMENT PROTECTION COMMITTEE AND THEIR SUBSIDIARY BODIES
KEY CONSIDERATIONS
STEP 2: CONSIDERATION - COMMITTEES/SUBCOMMITTEES
STEP 3: APPROVAL
STEP 4 CIRCULATION
STEP 5: ADOPTION
STEP 6: ACCEPTANCE (TACIT)
STEP 7: ENTRY INTO FORCE

6. THE CHALLENGES OF AMENDMENT FOR MULTIPLE COMMITTEES AND TREATIES
USUAL PRACTICE – IMO ASSEMBLY RESOLUTION
EXAMPLES OF OTHER MULTI-COMMITTEE CODES
PROCESS CHALLENGES
TREATY LAW CHALLENGES
Entry into Force Requirements
TIMING CHALLENGES

7. QUESTIONS?