Page 368 - Economia Azul - versão: inglês

measures and actions must reduce such ef- cording to the doctrinal understanding maritime trade and other users of trans- themes pointed out by DOALOS, it is also
fects, promote people’s awareness, ensure (TRINDADE, 2012, p.49), by its functional port and maritime navigation in general. mportant to consider a growing appro-
an effective implementation of rules and approach, when dealing with the forma- With regard to the Maritime Safety Com- priation by the IMO of the demands relat-
regulations, in line with the rules of the Law tion, limitation of International Law and mittee, its composition was changed to ed to maritime security.
of the Sea, develop a culture of safety and filling gaps in a law’s internal constitutional include the participation of all members This growing activity has been justified
environmental awareness, avoid excessive amendment resulting from the globalization of the Organization, and not just a select by the absence of an international orga-
regulation, strengthen technical coopera- process, in issues related to navigation safety group of States that held the registration nization designated for this purpose, by
tion programs with other International Or- and the prevention and control of pollution of ownership of public vessels or private the UN’s own recognition that these issues
ganizations, promote guidance to Govern- to the marine environment caused by ships. companies, in consideration of the Advi- should be the object of studies by the IMO
ments and industries in efforts to prevent It should also be noted that this modality of sory Opinion of the International Court and, finally, due to the very demands and
and suppress acts contrary to the safety laws constitutionalization also encompasses the of Justice, of June 8,1960, and, later, in threats that maritime navigation has suf-
of ships, people on board and the environ- forms of its operation, both through the cre- the amendment to the Agreement Estab- fered. Therefore, it is observed that the
ment, in addition to other objectives. ation of horizontal institutions or coordina- lishing the Organization of 1974. This re- IMO has been taking for itself the legiti-
The importance of IMO in international tion at the international level, as well as the modeling aimed at the progressive legiti- macy for the regulation of these matters,
cooperation and in the production of legal interaction between the international and mation of the Organization and its organs demonstrating an institutional expansion,

instruments is noted, consolidating the im- domestic levels. This is what can be seen in in questions of its area of operation and by undertaking actions on themes that do
portant phenomenon of the influence of the institutionalization of the IMO, in the co- were originally contained in the treaty that not originate in its scope of action, and at
international organizations in the forma- operation with other international organiza- created the entity. the same time promoting the expansion of
tion of International Law or in the process tions and in the strengthening of its relation- With the gradual adjustment of the in- its International legitimacy.
of the so-called constitutionalization of In- ship with the Member States themselves, stitutional framework, the IMO aimed to However, it is necessary to consider that
ternational Law. supported, among other arguments, by the become a “competent international or- on subject of rights, there is also the condi-
It can be observed that the work de- focus on innovative solutions endowed with ganization”, in the manner intended by tion of the subject of international duties;
veloped by the IMO is characterized, ac- high technical standards. the UNCLOS. Effectively, this claim was it is not enough for the IMO to expand its
strengthened with the publication of the international legitimacy for active action,
3. The expansion of international legitimacy and the growing role of the IMO
in non-originating themes Division of Ocean Affairs and Law of the but it is also necessary for the Organization
Sea (DOALOS) of the United Nations (UN, to assume its passive legitimacy, to support
In order for the IMO to play its norma- adjustments for a participatory alignment, DOALOS, 1996), which considered the the fulfillment of the specific obligations
tive role, both in matters initially outlined the Organization gradually sought to in- IMO as an international organization des- conferred on it by the UNCLOS or for any
in its constitutive agreement, as well as in crease the participation of member states ignated for various themes related to mar- other violation of the Convention, within
contemporary, non-original and circum- in the institution’s decision-making and itime affairs contained in the UNCLOS. Af- the scope of its competences, as well as in
stantial themes that may be demanded, it regulatory process, by means of changing ter the recognition of the Organization’s the other matters incorporated by it, such
is imperative that the Organization has a the number of members, of the Council active legitimacy for the regulation of the as the security aspect of security.
legal arrangement that legitimizes its ac- and the Maritime Safety Committeeby
tions internationally. way of example. Regarding the Council,
For this reason, the organizational con- although it has a limited number of mem-
struction of the IMO has undergone chang- bers, totaling 40 members, its conforma-
es since its creation, when the Organization tion has given it a degree of legitimacy in
was still called the International Maritime its decision-making process, by promoting
Consultative Organization - IMCO, until the moderation of interests of maritime
its current composition. Through internal service providers, States with interests in

366 BLUE ECONOMY Brazil in the IMO Power Arrangement 367