We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

II.1.10 CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION, 1948

The Ratification of Maritime Conventions

Chapter I.1.10

CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION, 1948, AS AMENDED

Note: The present text incorporates the original as modified by the following amendments:

 Date of entry
 into force
—1964 (art. 17–18) amendments adopted by res. A.69(ES.II)06.10.1967
—1965 (art. 28) amendments adopted by res. A.70(IV)03.11.1968
—1974 (art. 10,16,17,18, 20, 28, 31 and 32) amendments adopted by res. A.315(ES.V)01.04.1978
—1977 amendments adopted by res. A.358(IX) and A.371(X)22.05.1982
—1977 amendments relating to the Institutionalization of the Committee on Technical Co-operation in the Convention adopted by res. A.400(X)10.11.1984
—1979 (art. 17,18, 20 and 51) amendments adopted by res. A.450(XI)10.11.1984
ADOPTED: Done at Geneva on 6 March 1948
REFERENCE: 289 UNTS 3
UN TREATY NUMBER: I.4214
ENTERED INTO FORCE: 17 March 1958
DEPOSITARY: Secretary-General, United Nations
SECRETARY: Secretary-General, IMO

IMPLEMENTATION

SIGNATURE AND ACCEPTANCE

Article LXXI

(1) Subject to the Provisions of Part III the present Convention shall remain open for signature or acceptance and States may become parties to the Convention by:

  • (a) Signature without reservation as to acceptance;
  • (b) Signature subject to acceptance followed by acceptance; or
  • (c) Acceptance.

(2) Acceptance shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

ENTRY INTO FORCE

Article LXXIV

The present Convention shall enter into force on the date when twenty-one States, of which seven shall each have a total tonnage of not less than 1,000,000 gross tons of shipping, have become parties to the Convention in accordance with Article LXXI.

Article LXXV

The Secretary-General of the United Nations will inform all States invited to the United Nations Maritime Conference and such other States as may have become Members, of the date when each State becomes party to the Convention, and also of the date on which the Convention enters into force.

WITHDRAWAL

Article LXXIII

(1) Any member may withdraw from the Organisation by written notification given to the Secretary-General of the United Nations, who will immediately inform the other Members and the Secretary-General of the Organisation of such notification. Notification of withdrawal may be given at any time after the expiration of twelve months from the date on which the Convention has come into force. The withdrawal shall take effect upon the expiration of twelve months from the date on which such written notification is received by the Secretary-General of the United Nations.

(2) The application of the Convention to a Territory or group of Territories under Article LXXII may at any time be terminated by written notification given to the Secretary-General of the United Nations by the Member responsible for its international relations or, in the case of a Trust Territory of which the United Nations is the administering authority, by the United Nations. The Secretary-General of the United Nations will immediately inform all Members and the Secretary-General of the Organisation of such notification. The notification shall take effect upon the expiration of twelve months from the date on which it is received by the Secretary-General of the United Nations.

AMENDMENTS

Article LXVI

Texts of proposed amendments of the Convention shall be communicated by the Secretary-General to Members at least six months in advance of their consideration by the majority vote of the Assembly. Amendments shall be adopted by a two-thirds majority vote of the Assembly. Twelve months after its acceptance by two-thirds of the Members of the Organisation, other than Associate Members, each amendment shall come into force for all Members. If within the first sixty days of this period of twelve months a Member gives notification of withdrawal from the Organization on account of an amendment the withdrawal shall, notwithstanding the provisions of Article LVIII of the Convention, take effect on the date on which such amendment comes into force.

Article LXVII

Any amendment adopted under Article LXVI shall be deposited with the Secretary-General of the United Nations, who will immediately forward a copy of the amendment to all Members.

Article LXVIII

A declaration or acceptance under Article LXVI shall be made by the communication of an instrument to the Secretary-General of the United Nations. The Secretary-General will notify Members of the receipt of any such instrument and of the date when the amendment enters into force.

TERRITORIAL APPLICATION

Article LXXII

(a) Members may make a declaration at any time that their participation in the Convention includes all or a group or a single one of the Territories for whose international relations they are responsible.

(b) The Convention does not apply to Territories for whose international relations Members are responsible unless a declaration to that effect has been made on their behalf under the provisions of paragraph (a) of this Article.

(c) A declaration made under paragraph (a) of this Article shall be communicated to the Secretary-General of the United Nations and a copy of it will be forwarded by him to all States invited to the United Nations Maritime Conference and to such other States as may have become Members.

(d) In cases where under the Trusteeship Agreement the United Nations is the administering authority, the United Nations may accept the Convention on behalf of one, several, or all of the Trust Territories in accordance with the procedure set forth in Article LXXI.

DECLARATIONS AND RESERVATIONS

(Unless otherwise indicated, the declarations and reservations were made upon definitive signature or acceptance.)

Bahrain

“The acceptance of the Convention on the International Governmental Maritime Consultative Organization by the State of Bahrain shall, however, in no way signify recognition of, or entry into any relations with Israel.”

China, People’s Republic of

25 AUGUST 1987

In accordance with the Joint Declaration of the Government of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed in Beijing on 19 December 1984, the People’s Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong, as an inseparable part of the territory of the People’s Republic of China, will become a special administrative region with effect from that date. The People’s Republic of China will have international responsibility for the Hong Kong Special Administrative Region.

…since China is a contracting State to the Convention on the Maritime Organisation, signed in Geneva on 6 March 1948, and the Government of the People’s Republic of China accepted the Convention on 1 March 1973, the said Convention will apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. Accordingly, the Government of the People’s Republic of China notifies you that, with effect from 1 July 1997, the Hong Kong Special Administrative Region will continue to meet the essential requirements of the Convention for being an associate member of the Organisation, and therefore may, using the name of “Hong Kong, China”, continue to be an associate member of the Organisation.

2 FEBRUARY 1990

In accordance with the Joint Declaration of the Government of the People’s Republic of China and the Government of the Republic of Portugal on the Question of Macao signed in Beijing on 13 April 1987, the People’s Republic of China shall resume the exercise of sovereignty over Macao on 20 December 1999. As part of the territory of the People’s Republic of China, Macao shall become a special administrative region of the People’s Republic of China as from that date. The People’s Republic of China shall thereafter take charge of the foreign affairs of the Macao Special Administrative Region.

China is a contracting party to the Convention of the International Maritime Organization signed in Geneva on 6 March 1948 and the Government of the People’s Republic of China acceded to the Convention on 1 March 1973. The Government of the People’s Republic of China hereby declares: the Convention of the International Maritime Organization will continue to be applicable to the Macao Special Administrative Region after 20 December 1999; the Macao Special Administrative Region shall remain in the Organization as an associate member using the name “Macao, China” for it will continue to meet the necessary requirements of an associate member.

Cuba

In accepting the Convention on the International Maritime Consultative Organization, the Revolutionary Government of the Republic of Cuba declares that its current legislation, which is duly adapted to the encouragement and development of its Merchant Marine, is consistent with the General Purposes of the InterGovernmental Maritime Consultative Organization as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be re-examined by the Government of Cuba in the light of the national policy in this regard.

Denmark

“The Government of Denmark supports the work programme adopted during the first Assembly of the Organization in January 1959 and holds the view that it is in the field of technical and nautical matters that the Organization can make its contribution towards the development of shipping and seaborne trade throughout the world.

If the Organization were to extend its activities to matters of purely commercial or economic nature, a situation might arise where the Government of Denmark would have to consider resorting to the provisions regarding withdrawal contained in article LIX of the Convention.”

Ecuador

The Government of Ecuador declares that the protectionist measures adopted in the interests of its National Merchant Marine and the Merchant Fleet of Greater Colombia (Flota Mercante Grancolomibiana), the vessels belonging to which are regarded as ecuadorian by reason of the participation of the Government of Ecuador in the said Fleet, are measures the sole object of which is to promote the development of the National Merchant Marine and of the Merchant Fleet of Greater Colombia and are consistent with the purposes of the Inter-Governmental Maritime Organization, as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be re-examined by the Government of Ecuador.

Finland

“The Government of Finland support the work programme proposed by the Preparatory Committee of the Organization in document IMCO/A.I/II. The Government of Finland hold the view that it is in the field of technical and nautical matters that the Organization can make its contribution towards the development of shipping and seaborne trade throughout the world.

If the Organization were to extend its activities to matters of purely commercial or economic nature, a situation might arise where the Government of Finland would have to consider resorting to the provisions regarding withdrawal contained in article LIX of the Convention.”

Greece

“Greece, in reconfirming its acceptance, considers that the aforesaid Organization can play a useful and important role in the field of technical and nautical matters, thus contributing to the development of shipping and seaborne trade throughout the world. In case the Organization extends its activities to matters of commercial and economic nature, the Greek Government may find itself bound to reconsider its acceptance of the Convention and avail itself of its provisions concerning withdrawal as laid down in article LIX.”

Iceland

“…Iceland will reconsider its ratification, if it subsequently were decided to extend IMCO’s competence so as also to deal with questions of an entirely financial or commercial nature.”

“…Great stress is laid by Iceland on the real validity of article LIX of the Convention, regarding withdrawal.”

India

“In accepting the Convention on the Inter-Governmental Maritime Consultative Organization, the Government of India declares that any measures which it adopts or may have accepted for giving encouragement and assistance to its national shipping and shipping industries (such, for instance, as loan-financing of national shipping companies at reasonable or even concessional rates of interest, or the allocation of Government-owned or Government-controlled cargoes to national ships, or the reservation of coastal trade for national shipping) and such other matters as the Government of India may adopt, the sole object of which is to promote the development of its own national shipping, are consistent with the purposes of the InterGovernmental Maritime Consultative Organization as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be subject to re-examination by the Government of India. The Government of India further expressly states that its acceptance of the above-mentioned Convention neither has nor shall have the effect of altering or modifying in any way the law in force in the territories of the Republic of India.”

Indonesia

“In accepting the Convention, the Government of the Republic of Indonesia declares that it is in the field of technical and nautical matters that the Organization can make its contribution towards the development of shipping and seaborne trade throughout the world.”

“On matters of a purely commercial or economic nature, the Government holds the view that assistance and encouragement to its national shipping industries for the development of its domestic and foreign trade and for purposes of security, are consistent with the purposes of the Organization as defined in article 1 (b) of the Convention.

Accordingly, the acceptance shall never have the effect of altering or modifying in any recommendation relating to this subject adopted by the Organization that it will be subject to reexamination by the Government of the Republic of Indonesia.”

Iraq

The participation of the Republic of Iraq in this Convention shall, however, in no way signify recognition of, or entry into any relations with Israel.

The Republic of Iraq hereby declares that article 1 (b) of the Convention is not in conflict with the measures taken by it to encourage and assist national shipping companies, such as the granting of financial loans, the assignment of cargo vessels flying its flag to carry specific goods and the assignment of commercial vessels, or any other measures aimed at the development and growth of the national fleet or national shipping.

Kampuchea, Democratic Republic of

In accepting the Convention on the International Governmental Maritime Organization, the Royal Government of Cambodia declares that the measures it has adopted or may adopt for giving encouragement or assistance to its national shipping and shipping industries (such, for instance, as loan-financing of national shipping companies at reasonable or even concessional rates of interest, or the allocation to Cambodian ships of Cargoes owned or controlled by the Royal Government, or the reservation of coastal trade for national shipping) and such other matters as it may adopt with the object of promoting the development of its own national shipping, are consistent with the purposes of the Inter-Governmental Maritime Consultative Organization as defined in article 1 (b) of the Convention.

Accordingly, the Royal Government will proceed to a reexamination, before they are put into effect, of any recommendations relating to this subject that may be adopted by the Organization.

The Royal Government further declares that its acceptance of the above-mentioned Convention neither has nor shall have the effect of altering or modifying in any way the law in force in the territory of the Kingdom of Cambodia.

Malaysia

“In accepting the Convention of the Inter-Governmental Maritime Consultative Organization, the Government of Malaysia declares that any measures which she may adopt for giving encouragement or assistance to her national shipping industries (for instance, such as loan-financing of national shipping companies at reasonable or even concessional rates of interest, or the allocation to Malaysian cargo ships owned or controlled by the Malaysian Government, or the reservation of coastal trade for national shipping) and such other matters as she may adopt with the object of promoting the development of her own national shipping, are consistent with the purposes of the InterGovernmental Maritime Consultative Organization as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be re-examined by the Government of Malaysia. The Government of Malaysia further expressly states that her acceptance of the above-mentioned Convention neither has nor shall have the effect of altering or modifying in any way the law on the subject in force in Malaysia.”

Mexico

The Government of the United States of Mexico, in accepting the Convention on the Inter-Governmental Maritime Consultative Organization, on the understanding that nothing in the said Convention is intended to change national legislation relating to restrictive business practices, expressly states that its acceptance of the above-mentioned international instrument neither has nor shall have the effect of altering or modifying in any way the application of laws against monopolies in the territory of the Republic of Mexico.

Morocco

In joining the Inter-Governmental Maritime Consultative Organization, the Government of the Kingdom of Morocco wishes to declare that it is not in agreement with a possible broadening of the scope of the activities of this Organization from the purely technical and nautical activities into the field of matters of an economic and commercial nature as stated in article 1 (b) and (c) of the Convention for the Establishment of the Inter-Governmental Maritime Consultative Organization. If such broadening of the field of activities of the Organization were to take place, the Government of the Kingdom of Morocco reserves the right to reconsider its position concerning the ensuing situation, and might be led to invoke the provisions of article LIX regarding withdrawal of members from the Organization.

Norway

“The Norwegian Government supports the work programme proposed by the Preparatory Committee of the Organization in document IMCO/A.I/II. The Norwegian Government holds the view that it is in the field of technical and nautical matters that the Organization can make its contribution towards the development of shipping and seaborne trade throughout the world.

If the Organization were to extend its activities to matters of a purely commercial or economic nature, a situation might arise where the Norwegian Government would have to consider resorting to the provisions regarding withdrawal contained in article LIX of the Convention.”

Poland

“In accepting the Convention on the Inter-Governmental Maritime Consultative Organization, signed at Geneva on 6 March 1948, the Government of the Polish People’s Republic declares that it supports the work programme of the Organization, approved by the Assembly at its First Session held in January 1959.

The Government of the Polish People’s Republic holds the view that it is in the field of technical and nautical matters that the Organization shall make its contribution towards the development of shipping and seaborne trade throughout the world.”

Portugal

2 FEBRUARY 1990

“…In accordance with Article 72(a) of the Convention on the International Maritime Organization signed at Geneva on 6 March 1948 and ratified by Portugal on 17 March 1976, the dispositions of the above mentioned Convention will be applicable to Macao with effect from 2 February 1990.

The Portuguese Government also declares that, under Article 8 of the Convention, Macao became an Associate Member of the International Maritime Organization with effect from the same date.

The present declaration is made in conformity with the agreement established by the Joint Liaison Group of the Republic of Portugal and the People’s Republic of China on the question of Macao, signed in Beijing on 13 April 1987, whereby the People’s Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999 and that Portugal will continue to have international responsibility for Macao until 19 December 1999.”

Spain

The Inter-Governmental Maritime Consultative Organization may not extend its activities to economic or commercial questions but must limit itself to questions of a technical character.

Sri Lanka

In accepting the Convention on the International Governmental Maritime Organization, as amended, the Government of Ceylon declares that the measures it adopts or may have adopted for giving encouragement or assistance to its national shipping and shipping industries (such, for instance, as loan-financing of national shipping companies at reasonable or even concessional rates of interest, or the allocation of Government-owned or Government-controlled cargoes to national ships, or the reservation of coastal trade for national shipping) and such other matters as the Government of Ceylon may adopt, the sole object of which is to promote the development of its own national shipping, are consistent with the purposes of the InterGovernmental Maritime Consultative Organization as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be subject to re-examination by the Government of Ceylon. The Government of Ceylon further expressly states that its acceptance of the above-mentioned Convention neither has nor shall have the effect of altering or modifying in any way the law on the subject in force in Ceylon.

Sweden

“In accepting the Convention on the Inter-Governmental Maritime Consultative Organization, the Government of Sweden declares that it supports the work programme of the Organization as per document A.I/II and its corrigendum 1, decided upon by the first meeting of the Assembly of the Organization in January 1959.

The Government of Sweden holds the view that it is in the field of technical and nautical matters that the Organization can make its contribution towards the development of shipping and seaborne trade throughout the world.

If the Organization were to extend its activities to matters of a purely commercial or economic nature, a situation might arise in which the Government of Sweden would have to consider resorting to the provisions regarding withdrawal contained in article LIX of the Convention.”

Switzerland

In depositing its instrument of ratification of the Convention on the Inter-Governmental Maritime Consultative Organization (IMCO), Switzerland makes the general reservation that its participation in the work of IMCO, more particularly as regards that organisation’s relations with the United Nations, cannot exceed the bounds implicit in Switzerland’s status as a perpetually neutral State. In conformity with this general reservation, Switzerland wishes to make a particular reservation both in respect of the text of article VI as incorporated in the Agreement, at present in draft form, between IMCO and the United Nations, and in respect of any similar clause which may replace or supplement that provision in the said agreement or in any other arrangement.

Turkey

“[Participation by Turkey] will in no way have any effect on the provisions of the Turkish laws concerning cabotage and monopoly.”

United Arab Emirates

“The Government of the United Arab Emirates takes the view that acceptance of the said Convention and amendments does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention and amendments in respect of the said Country.”

“The Government of the United Arab Emirates wishes further to indicate that its understanding described above is in conformity with General practice existing in United Arab Emirates regarding signature, ratification or acceptance to a Convention to which a country not recognized by United Arab Emirates is a party.”

United Kingdom of Great Britain and Northern Ireland

25 AUGUST 1987

“…By virtue of that Declaration [made by the United Kingdom on 6 June 1967 concerning the application to Hong Kong of the Convention on the International Maritime Organization, signed at Geneva on 6 March 1948] and in accordance with articles 72(a) and 8 of the Convention, Hong Kong became an associate member of the Organisation with effect from 7 June 1967.

…having regard to the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the question of Hong Kong, signed in Beijing on 19 December 1984, the United Kingdom will restore Hong Kong to the People’s Republic of China with effect from 1 July 1997 and that the United Kingdom will continue to have international responsibility for Hong Kong until that date.”

United States of America

“It being understood that nothing in the Convention on the InterGovernmental Maritime Consultative Organization is intended to alter domestic legislation with respect to restrictive business practices, it is hereby declared that ratification of that Convention by the Government of the United States of America does not and will not have the effect of altering or modifying in any way the application of the antitrust statutes of the United States of America.”

Vietnam

In accepting the Convention on the International Maritime Organization, the Socialist Republic of Vietnam states support the purposes of the said Organization as defined in article 1 of the Convention. On the basis of state sovereignty and proceeding from its foreign Policy of peace, friendship, co-operation, the Socialist Republic of Vietnam will take into consideration the recommendations relating to the subject as provided in article 1 (b) of the Convention and relating amendments which may arise.

Yemen, Democratic Republic of

“The acceptance of the People’s Democratic Republic of Yemen of the said Convention does not mean in any way recognition of Israel, or entering with it into relations governed by the Convention thereto acceded.”

Yugoslavia

“In joining the Inter-Governmental Maritime Consultative Organization, the Government of the Federal People’s Republic of Yugoslavia wishes to declare that it is not in agreement with a possible broadening of the scope of the activities of this Organization from the purely technical and nautical activities into the field of matters of an economic and commercial nature as stated in article 1 (b) and (c) of the Convention for the Establishment of the Inter-Governmental Maritime Consultative Organization. If such broadening of the field of activities of the Organization were to take place, the Government of the Federal People’s Republic of Yugoslavia reserves the right to reconsider its position concerning the ensuing situation.

At the same time, the Government of the Federal People’s Republic of Yugoslavia declares its readiness to fulfil all its obligations toward the Organization, as stated in the instrument of ratification.”

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more

Unable to display the content
Unable to display the content
Unable to display the content
Unable to display the content