Development of international shipping standards under the auspices of the IMO and their implementation in practice: a case study of Thailand

Abstract

The international legal framework related to the regulation of maritime shipping is highly complex and technical. It is also constantly evolving as amendments are made on a regular basis by the relevant treaty bodies to ensure that standards reflect the most up-to-date technological conditions. However, it is an area of law that calls for universal and uniform implementation if it is to achieve its objectives. At the same time, it is evident that some states have limited technical capacity which may hinder their efforts in implementing international shipping standards. Upon this background, the overarching question of this thesis is how can states, especially developing countries, ensure the effective implementation of international shipping law. Answering this question requires an analysis of the international legal framework, with a focus on the work of the International Maritime Organisation (IMO) as the principal international body responsible for international shipping regulation, and the legal and technical challenges facing states in order to understand what opportunities are available to developing countries to assist them in committing to the international standards while ensuring uniform implementation. The analysis of Thailand’s legal framework, with particular attention to challenges in the transposition of international shipping standards into the framework and its enforcement, will be investigated to identify the areas needed to be improved.

The analysis shows that the international framework prioritises both the modernisation of treaties and the uniform implementation while recognising the limited technical capacities of developing countries. The thesis observes that full and effective participation in standard setting is vital to ensure that the interests of developing countries are taken into account, but that strong internal communication and coordination between different government departments is key to meeting this objective. There are also underutilised opportunities for developing countries to delay implementation through strategic use of objection procedures where additional time may be required. Another key finding is that the IMO employs managerial strategies in the context of compliance control and eases capacity-related challenges of developing countries in implementation through its oversight and capacity-building procedures. In particular, the recently adopted IMO Member State Audit Scheme offers opportunities for needs-driven and joined up capacity building to support developing countries. At the same time, the study offers suggestions about how the IMO can improve its practices.

Turning to national implementation, the thesis also suggests that a rigid domestic legal framework can be eased by using inter alia ambulatory references to international standards to allow regular changes to national law, whilst the poor enforcement can be strengthened by employing responsive regulatory strategies. In this connection, the study supports its conclusions by drawing upon the broader literature on regulatory standing setting and compliance, as well as good practice of relevant IMO Member States where innovative tools are employed.