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International Maritime Organisations

International Maritime Organisations

 

📜 From Anarchy to Cooperation – A Historical Perspective

In the absence of a global government, international relations have often been described as anarchic – a system where no single institution holds overarching authority. Political scientist Hedley Bull emphasized this characteristic, yet even in this fragmented world, cooperation has emerged through the formation of international organisations. These institutions laid the foundation for today’s rules-based global order, especially in the maritime sector.

Let’s explore the evolution of international organisations before the creation of the League of Nations in 1920 and understand how they paved the way for modern maritime regulation.

 

The Congress of Vienna (1815) – Diplomacy Begins

Following the Napoleonic Wars, European powers convened at the Congress of Vienna, seeking to restore balance and avoid future conflict. Though primarily political, this gathering marked the beginning of multilateral diplomacy and international cooperation. Without a global legislature, states began to trust the diplomatic process, leading to the formation of international secretariats and bureaucracies.

 

The Rise of Technical Regulation (1850s Onwards)

The second half of the 19th century saw rapid industrial and technological advancements – and a parallel rise in technical and administrative cooperation. International organisations emerged to regulate:

  •     Inland waterways and international lakes
  •     Railways and postal systems
  •     Public health and agriculture
  •     Patents, tariffs, telegraphy
  •     Standards for weights and measures

As these sectors increasingly crossed borders, cooperation became essential for coordination, safety, and progress.

 

Private vs Public Maritime Law: Parallel Developments

By the late 1800s, shipping – one of the world’s most global industries – was also one of the most fragmented. Two parallel legal tracks emerged:

  •     Private Maritime Law (Admiralty Law): Focused on contracts, liability, and trade disputes
  •     Public Maritime Law (Law of the Sea): Focused on policy, territorial waters, and state responsibilities

These systems often operated in silos. According to scholar Douglas M. Johnston, industry interests preferred the separation, though there was occasional agreement on foundational concepts like the “freedom of the seas” and 3-mile territorial zones.

 

The Birth of International Maritime Law (1860–1900)

Efforts to unify maritime law began in earnest in the mid-19th century:

  •     1860: First codification of general average – a principle in maritime law
  •     1890: The International Law Association launched the York-Antwerp Rules
  •     1897–1899: The Comité Maritime International (CMI) was established to harmonize maritime and commercial law

These efforts were led by influential figures like Louis Franck, yet they were also shaped by the dominant British maritime legal system, which many states were encouraged to adopt during the height of British shipping dominance.

 

⚠️ The 20th Century: Global Disruption and Coordination

 

World Wars and Maritime Legal Development

The First and Second World Wars disrupted global shipping and highlighted the need for unified legal frameworks:

   Between 1921 and 1937, the CMI hosted eight major conferences, leading to conventions on:

  •         Bills of lading (Hague Rules, 1924)
  •         Collisions and salvage
  •         Maritime mortgages and liens
  •         Passenger liability and ship arrests

These focused on the private law side – while the gap with public marine policy grew.

 

A New Era: Post-War International Maritime Organisations

The devastation of WWII brought a new urgency to international coordination. In 1958, the International Maritime Organization (IMO) was established under the United Nations. It became the cornerstone of modern maritime governance.

The IMO’s core mission:

  •     Promote international cooperation in technical maritime matters
  •     Ensure safety at sea
  •     Discourage discriminatory or restrictive practices
  •     Encourage free access to tonnage for global trade (Abrahamsson, 1980)

Other key organisations founded during this period include:

  •     UNCTAD Shipping Division (UN Conference on Trade and Development)
  •     OECD Maritime Committee (Organisation for Economic Cooperation and Development)
  •     ILO – International Labour Organisation
  •     IHO – International Hydrographic Organisation

Together, these institutions form the backbone of international maritime policy and regulation.

 

Reflection Questions

To deepen your understanding of this evolution, consider:

1. Why did the shipping industry develop two distinct legal paths – public and private – and how does this shape regulation today?
2. What are the key challenges in creating unified maritime laws across countries with different political and economic interests?
3. In what ways does the legacy of 19th-century diplomacy still influence how international maritime organisations function today?