ABSTRACT
Maritime safety is currently one of the key notions for maritime law. Its importance also affects the international regime of the law of the sea, codified in the UN Convention of the law of the sea. UNCLOS deals with a wide range of jurisdictional issues and stipulates States’ rights and duties and is considered as an umbrella convention. But it is the IMO that specifies, through its conventions, how flag, port and coastal state jurisdictions can be performed to provide compliance with safety standards. IMO has built a complex legal regime for international shipping to ensure safe navigation and clean oceans. Analysis of the IMO conventions leads to the conclusion that what can be considered discretionary under UNCLOS becomes an obligation for states under IMO conventions. In relation to flag States, IMO seems to tighten compliance obligations by adopting the IMSAS and III Code. Further, flag states’ jurisdiction, favoured under UNCLOS, experiences limitation for the benefit of coastal and port states’ jurisdiction under IMO conventions. Conducted research focuses also on the effect of a port state control mechanism. Analysing of IMO conventions also leads to the conclusion that IMO seems to identify the coastal states as the protectors of international community interests and heritage and the port states as key players in combating security threats. The main conclusion is that IMO detailed regulations seem to be an effective adaptation mechanism complementing the UNCLOS goals for contemporary safety and security challenges.
