Abstract:
Environmental concerns regarding international shipping transcend national boundaries
and therefore need to be addressed through an international forum. One such forum, the
International Maritime Organization (IMO) is facilitating the creation of a treaty for the
management of ballast water to prevent the transfer of invasive species throughout the
globe.
Having a universal set of regulations for ballast water is important for the shipping
industry as well as the global environment. At the international level, there are many
hurdles to reaching agreement on an appropriate action, including the complexity of the
issue, frequent scientific uncertainty, and a wide range of actors and interests. These
obstacles have lengthened the draft negotiation period for the ballast water treaty beyond
the original desired timeline and beyond that of the Convention on Harmful Anti-fouling
Systems on Ships, which began being drafted at the same time, yet was adopted in 2001.
In addition, economic, procedural, and political factors absent from the ballast water
negotiation process accelerated the negotiating process for the anti-fouling treaty.
The IMO plans to hold a diplomatic conference to adopt the ballast water treaty in 2004;
however major aspects of the treaty are still under debate. Consequently, the likelihood
that the treaty will prevent transfer of species is still undeterminable in my opinion.
Progress in upcoming IMO meetings will determine if the draft will be ready for a 2004
diplomatic conference. If a treaty is to be generated, it is imperative that the organization
hold the conference in 2004 to minimize unilateral actions that would create a complex
web of regulations. Progress for the group has been slow, but the work the group is
doing creates precedent for future pollution treaties.
