Insufficient training of lawyers and legislative drafters blocks the implementation of national legislation reflecting the provisions of IMO instruments. This is shown by the voluntary and mandatory IMO Member State Audit Scheme (IMSAS). To address the issue, a workshop on how to draft effective national legislation was held at IMO Headquarters (9-13 October).
The objective of the fourth workshop on general principles of drafting national legislation to implement IMO conventions was to demonstrate that IMO conventions are not self-executing treaties but require implementing legislation and associated administrative and judicial measures.
A wide range of subjects was covered, from basic knowledge about the Organization to detailed presentations on several IMO treaties. Also explored were principles and techniques in transposing treaty provisions into countries' domestic legislation, and practical exercises in drafting laws.
Participants gained a better understanding of key IMO conventions; were able to identify provisions of IMO conventions that should be given effect through principal national legislation and technical regulations through subordinate legislation; and learnt the importance of developing a mechanism for appropriate coordination among relevant national authorities.
The training focused on implementation of conventions in countries following the Common Law system which would benefit from expertise from drafters of the United Kingdom. It was designed for qualified lawyers from maritime Administrations, policy makers, legislative advisers and/or drafters from the Attorney General's Offices, Ministries of Justice and national legislative bodies that are responsible for the implementation of IMO conventions into their countries' domestic legislation.
IMO is committed to supporting States, particularly developing countries, which do not have adequate maritime legislation in place to implement IMO instruments, and for whom it is a challenge to cope with amendments to conventions which are brought into force through the tacit amendment procedure.
For those who have never attended meetings at IMO, it was a chance to meet staff from the Organization's different divisions and to learn who they could contact for assistance.
A total of 16 participants attended the workshop from 14 countries: Belize; Brunei Darussalam, the Gambia, Ghana, Grenada, Guyana, Kiribati, Nauru, Pakistan, Papua New Guinea, Seychelles, Sri Lanka, Trinidad and Tobago and the United Republic of Tanzania.
The workshop was organized and delivered by the Legal Affairs Office of IMO, with the presence and participation of Officers from the Department for Member State Audit and Implementation Support (MSA&IS); two experienced drafters from the United Kingdom recruited by IMO for the workshop; and the Deputy Director, Maritime Team, Department for Transport Legal Advisers of the United Kingdom. Funding was provided by the Government of China and IMO's Integrated Technical Cooperation Programme (ITCP).
