ABSTRACT

In this chapter, the authors view IMO as an institutional facilitator of the cooperation required under MARPOL and other international instruments. IMO instruments targeting preparedness, response, and cooperation can be viewed in their overall context, and can be clearly distinguished from the other pillars of legislative work of the IMO governing prevention and liability/compensation. The cross-border nature of marine pollution and/or the complexity of polluting incidents, including from the standpoint of the stakeholders and the national interests involved, call for frameworks of cooperation. Regional approaches to marine pollution and management were adopted by United Nations Environment Programme, referred to as regional sea programmes. Marine spill management is a demanding process, especially in the event of major and/or cross border spills. The oil spill framework is based on an internationally recognised planning approach referred to as tiered preparedness and response; the applicable tier will have to be determined in order to respond in an appropriate manner.