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The International Maritime Satellite Organization – an important milestone in maritime communications service

Published online by Cambridge University Press:  21 May 2009

P.K. Menon
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Extract

At the present time, the world commodity trade is primarily carried by ships. Merchant fleet and fishing vessels of 10,000 gross tonnage of more than thirty nations sail in and out of the port areas throughout the world carrying passengers and cargoes including inflammable gas and pollutant chemicals. The rapidly increasing intensity of traffic, the size of vessels, the speed of container and other ships, the growing danger of collision, loss of life and pollution underscores an important need for improved maritime communication.

Type
Articles
Information
Netherlands International Law Review , Volume 24 , Issue 3 , December 1977 , pp. 489 - 506
Copyright
Copyright © T.M.C. Asser Press 1977

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References

1. More than ninety per cent of the world commodity trade is carried by ships. It is estimated that the total number of ships engaged in maritime trade now exceeds 60,000 aggregating over 300 million gross tons. See Srivastava, C.P., Opening Speech at the International Conference on the Establishment of an International Maritime Satellite System, 1975, Intergovernmental Maritime Consultative Organization (IMCO), Doc.MARSAT/CONF.INF/4, p. 2.Google Scholar

2. Thirty two nations-Liberia, Japan, United Kingdom, Norway, Greece, USSR, USA, Panama, Italy, France, Federal Republic of Germany, Sweden, Netherlands, Spain, Denmark, India, Cyprus, Singapore, Canada, Brazil, Poland, Somali Republic, China, Yugoslavia, Finland, Argentina, Portugal, Korea, German Democratic Republic, Belgium, Australia, and Bermuda have nearly 8,000 ships of 10,000 GRT and over. See IMCO, Doc.MARSAT/CONF.3 (30 October 1974), p. 8.

3. A Study prepared by the IMCO Panel of Experts on Maritime Satellites summarizes the various limitations and deficiencies of the present maritime communication system as follows: acute congestion and saturation of existing HF facilities before the end of the decade; limitation of MF ionospheric propagations resulting in delay and poor quality of signals; insufficient geographical coverage; inability to expand certain facilities and limited prospects for improving the existing system. See IMCO, Doc.MARSAT/CONF.3 (30 October 1974), pp. 3–6.

4. Ibid., pp. 5–6.

5. The objectives of IMCO, established in March 1948 as a Specialized Agency within the United Nations system of organizations are “to facilitate cooperation among Governments on technical matters affecting shipping with special responsibility for the safety of life at sea, to insure that the highest possible standards of safety at sea and of efficient navigation are achieved, and to encourage the removal of hindrances to trade and thus to make shipping services freely available to meet the needs of the world”. See Edwards, R.Y., “The Role of the Intergovernmental Maritime Consultative Organization in International Space Cooperation” in United States Senate Committee on Aeronautical and Space Sciences, International Cooperation in Outer Space: A Symposium (Washington:U.S. Government Printing Office, 1971), pp. 413–421.Google Scholar

6. The Subcommittee on Safety of Navigation established in February 1966 by the 12th session of the Maritime Safety Committee of IMCO surveyed the use of space technology and considered the question of maritime operational requirements for navigation via satellites. The Committee felt that a satellite system “could contribute to safety by providing reliable means for altering vessels in cases of distress and emergency, improving means for position reporting for search and rescue purposes, expanding transmission of weather information, facilitating the operation of shipping lanes and the separation of traffic at sea”. See IMCO, Subcommittee on Safety Navigation, Report of the Second Session (04 1967)Google Scholar. The Subcommittee on Radio Communication of the IMCO has also reviewed the feasibility of a maritime satellite system. See, Subcomittee on Radio communication, Report of the Sixth Session (01 1970).Google Scholar

7. The International Diplomatic Conference on the Establishment of an International Maritime Satellite System was attended by delegations from more than forty countries, and by representatives from the United Nations, United Nations Educational Scientific and Cultural Organization, International Telecommunication Union and World Meterological Organization together with observers from a number of intergovernmental and non-governmental bodies. See IMCO, Doc. MARSAT/CONF/D/14 (2 September 1976).

8. The Panel of Experts was set up by the Maritime Safety Committee of IMCO in March 1972 to achieve an early implementation of an international maritime satellite system. After holding six meetings between July 1972 and September 1974 the Panel of Experts on Maritime Satellites prepared a report outlining reasons for establishing a Maritime Satellite System and suggesting organizational and institutional arrangements in the form of a draft convention for the establishment of the system.

9. IMCO, Presentation of the Study on the Establishment of a Maritime Satellite System. Report of the IMCO Panel of Experts, Doc.MARSAT/CONF/3 (30 10 1974) Section VII.Google Scholar

10. Ibid.

11. IMCO, Note by the Government of the United Kingdom (Panel of Experts on Maritime Satellites, 4th Session), Doc.MARSAT/IV/3(a)/2 (3 12 1973), p. 2.Google Scholar

12. IMCO, Note by the Government of the United States of America (Panel of Experts on Maritime Satellites, 4th Session), Doc.MARSAT/IV/3 (a)/4 (6 12 1973), p. 2.Google Scholar

13. See, Convention on the International Maritime Satellite Organization, (Hereinafter cited as Convention), Article 2. The text of the Convention is to be found in 15 International Legal Materials (1976), p. 1051 er seq.Google Scholar

14. Ibid., Article 3(2) and 3(3).

15. IMCO, Provisional Summary Record of the Third Plenary Meeting, Doc.MARSAT/CONF/SR.3 (24 04 1975), p. 2.Google Scholar

16. The Working Group was composed of representatives of Bulgaria, Canada, France, Federal Republic of Germany, Japan, Netherlands, Norway, Sweden, United Kingdom, USA and USSR.

17. IMCO, Doc.MARSAT/CONF/C.1/2 (1 May 1975), p. 2; See also, Sessional Act, Doc. MARSAT/CONF.10 (9 05 1975), pp. 5–6.Google Scholar

18. “Party” means a State for which the Convention has entered into force”. See, Convention, Article l(b).

19. “Signatory” means either a Party or an entity designated in accordance with Article 2(3), for which the Operating Agreement has entered into force”, ibid, Article l(c).

20. Ibid., Article 2(3).

21. Ibid., Article 5(1).

22. Ibid., Article 4(a).

23. Ibid., Article 4(b). Further the Convention provides that the Party shall “ensure that the Signatory, in carrying out its obligations within the Organization, will not act in a manner which violates obligations which the Party has accepted under this Convention or under related international agreements”. Article 4(c).

24. Ibid., Article 4(d); 29(3) and 30(6).

25. Ibid., Article 9.

26. See for example German Democratic Republic, IMCO; Doc.MARSAT/CONF/SR.6 (25 April 1975), p. 7.

27. Union of Soviet Socialist Republics, ibid., p. 6.

28. For example, the representative from Egypt said that the organization “should be so constituted as to allow for as broad a membership as possible, and should not be a rich man's club”. Further he “hoped that the Conference would do nothing to prejudice the decisions of the developing countries to join the Organization at a later stage” IMCO, Doc.MARSAT/CONF/SR.12 (8 May 1975), pp. 10–11.

29. United States, op.cit. supra, n. 26 at p. 6.Google Scholar

30. “To give the Assembly the full power to determine the Organization's broad policy”, the U.S. representative said “would introduce considerable uncertainty and might be construed as giving the Assembly rather broad powers with respect to work which ought to be assigned to the Council.” IMCO. Doc.MARSAT/CONF/SR.12 (8 May 1975), p. 7.

31. See, Convention, Article 10(1).

32. Ibid., Article 11(1).

33. “Regular sessions of the Assembly shall be held once every two years. Extraordinary sessions shall be convened upon the request of one-third of the Parties or upon the request of the Council”. Article 10(2).

34. Article 11(2).

35. Article 12.

36. Article 13(1).

37. Article 13(l)(a).

38. Article 13(l)(b).

39. For the broad question of voting procedure in international institutions see Mclntyre, Elizabeth, “Weighted Voting in International Organizations”, 8 International Organization (1954), pp. 484–497CrossRefGoogle Scholar; Weinschel, Herbert, “The Doctrine of the Equality of States and Its Recent Modifications”, 45 American Journal of International Law (1951), pp. 417–442CrossRefGoogle Scholar; Sohn, Louis B., “Multiple Representation in International Assemblies”, 40 American Journal of International Law (1946), pp. 71–99.CrossRefGoogle Scholar

40. IMCO, Doc.MARSAT/CONF/SR.27 (27 February 1976).

41. Convention, Article 14(3)(a).

42. In its Article 14(3)(b), the Convention provides: If a Signatory represented on the Council is entitled, based on its investment share, to a voting participation in excess of 25 pel cent of the total voting participation in the Organization, it may offer to other Signatories any or all of its investment share in excess of 25 per cent.…

To the extent that the investment share of the Signatory in excess of 25 per cent offered for distribution is not distributed in accordance with the procedure set forth in this paragraph, the voting participation of the representative of the Signatory may exceed 25 per cent.

43. Article 14(2).

44. Ibid. Decisions on procedural matters shall, however, be taken by a simple majority of the members present and voting, each having one vote.

45. Article 15(a).

46. Article 15(h).

47. Article 15(a).

48. Article 15(b) and (e).

49. Article 15(g).

50. Article 24.

51. Article 15(c).

52. Article 15(f).

53. Article 16(3).

54. Article 20(1)(a), (b) and (c).

55. IMCO, Doc.MARSAT/CONF/C.2/WP.3 (29 April 1975).

56. Article 20(2).

57. I.C.J. Reports (1949), p. 179.Google Scholar

58. See, Convention, Article 25.

59. Article 26(1).

60. Article 26(3).

61. Article 26(4).

62. Article 27 and 28.

63. Article 31(1).

64. Article 31(3).

65. A slightly modified version of the article now appears in Article V paragraph 1 of the Operating Agreement as follows: “Investment shares of Signatories shall be determined on the basis of utilization of the INMARSAT space segment.”

66. IMCO, Doc.MARSAT/CONF/SR.5 (25 April 1975), p. 3.

67. Ibid., p. 7.

68. IMCO, Report of the Working Group on Investment Shares, Doc.MARSAT/CONF/C.2/WP.2/Rev.1 (5 05 1975), p. 2.Google Scholar

69. Ibid., Annex 1.

70. See, Operating Agreement, Article V(2).