The incorporation of IMO conventions into Maltese law

Abstract

The objective of this thesis is to analyse Malta's position vis-à-vis the Conventions of the International Maritime Organisation (IMO). It studies the theoretical basis related to this process, commencing from the creation of an international legislation up to the final stage of incorporation by the individual State. It also delves into the importance of enforcement by individual States, especially in view of the fact that an international organisation lacks enforcement powers. This thesis evaluates the ways in which IMO Conventions have been incorporated in local legislation to date. An important distinction is made between a State's position pre and post incorporation. Upon ratification the State is only bound at an international level and it is only upon incorporation that the domestic courts would be able to enforce such Conventions. The study also probes into a specific local legislation which could be improved through the ratification and incorporation of the equivalent IMO Convention. This would put Malta in line with the international position in the area and it would give the courts the possibility of its enforcement within the local context.