The Role of Non-Binding Instruments of the International Maritime Organization in the Norm-Setting Process of Regulations Concerning Commercial Ships

Abstract

The majority of international instruments related to shipping and regulations concerning commercial ships have been developed and adopted by the International Maritime Organization (IMO). Given that Iran has extensive maritime borders and that most international trade exchanges occur via sea routes, the present study aims to elucidate the role of non-binding instruments of the IMO in the norm-setting process of regulations concerning commercial ships. The findings of this study, which were collected using a descriptive-analytical method and through library research tools, indicate that non-binding instruments of the IMO play a broad range of roles, including shaping consistent practices, accelerating the formation of binding international instruments, providing appropriate interpretative tools for dispute resolution bodies, and ultimately enhancing international norms within the normative hierarchy of the legal system governing the law of the sea. Consequently, given the extensive roles of these instruments and the necessity of preserving national interests in the field of international shipping, their non-binding nature should not lead to a disregard for their content. Moreover, participation in the adoption process of such instruments should not occur without expert legal, political, and economic assessments.