Revisiting the Thames Formula: The Evolving Role of the International Maritime Organization and Its Member States in Implementing the 1982 Law of the Sea Convention
Craig H. Allen
University of Washington - School of Law; UW Arctic Law and Policy Institute
October 26, 2008
San Diego International Law Journal, Vol. 10, pp. 265-333, 2009
The 1982 LOS Convention locked in the "Thames Formula," an approach that assigns primacy to flag States in implementing and enforcing the international maritime regime. Decades of experience have demonstrated that the balance of interests struck by the Thames Formula fails to meet the safety, security and environmental protection demands of an increasingly risk averse international community. While the Voluntary IMO Member State Audit Scheme promises to improve flag State performance, additional confidence building measures will be needed. In addition, it may be necessary to consider an approach that expands the complementary role of non-flag States and a larger role for the IMO.
Number of Pages in PDF File: 88
Keywords: Flag States, Port States, Coastal States, Law of the Sea, International Maritime Organization, Maritime Safety, Maritime Security, Marine Environmental Protection, Port State Control, VIMSAS
JEL Classification: K32, K33, K42, L92Accepted Paper Series
Date posted: October 28, 2008 ; Last revised: December 24, 2011
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