The IMO International Maritime Law Institute is a world recognized centre for the training of law graduates in international maritime law. Special emphasis is given to international regulations adopted by the International Maritime Organization.
The Institute provides suitably qualified candidates, particularly
from developing countries, with high-level facilities for advanced
training, study and research in international maritime law.
It also focuses on legislative drafting techniques designed
to assist participants in the process of incorporating international
treaty rules into domestic law.
One of the essential requirements for operating a shipping or
maritime programme is the ability to implement international
conventions and instruments adopted by IMO and other relevant
international organizations. For this purpose, States need to
have appropriate legal infrastructure which incorporates the
provisions of the respective conventions and instruments into
national law and which has well-established procedures for applying
and enforcing the requirements of the applicable law in all
relevant situations.
The appropriate legal infrastructure in each State should consist
of an up-to-date legislative regime, with a suitable machinery
for the review, revision and modification of that legislation,
to keep it in line with changes in international maritime law
and the latest developments in marine technology and shipping
practices. For this purpose the State, as well as the shipping
industry, requires the services of well-trained legal personnel
with specialization in maritime and shipping law. There is also
need for persons with expertise and skills in the preparation
and drafting of legislative instruments, including the preparation
of primary legislation (codes, statutes, etc.) as well as the
necessary subsidiary legislation (regulations and rules) for
implementing the principal instruments at State and industry
levels.
Although many developing countries have reasonable numbers of
legally trained persons, they do not always have the required
numbers of persons with the necessary specialization or expertise
in maritime law. To meet these needs, IMO has included, as a
vital part of its technical co-operation programme, projects
for the provision of technical advice and assistance in maritime
law and legislation. Under this programme, advice and assistance
have been provided on request to States on the planning and
preparation for new or updated maritime legislation. Such advice
and assistance have been provided by IMO's interregional advisers
or, where appropriate, by short-term consultants or experts
recruited in consultation with the Government concerned.
Interregional advisers prepare their recommendations after one or several short visits to the countries, whereas consultants and experts are recruited for relatively longer periods, usually of three to six months' duration.
While advisory services along these lines have been useful to many States, it is generally recognized that such assistance can only be of limited benefit and cannot provide an effective long-term answer to the needs of these countries. What each developing country needs is not only a good maritime law regime, but also a reasonable cadre of national legal personnel who are available to oversee, on a systematic basis, the implementation of existing law, to review and evaluate the provisions and arrangements for their implementation, to advise on the need for new or revised laws and regulations and, as necessary, to prepare suitable texts for consideration and adoption by the relevant legislative bodies. This is a crucial role, which must necessarily be discharged on a continuous basis if it is to be effectively discharged. It is therefore a need which cannot be met by occasional visits of advisers, or even by experts who can only stay for limited periods.