Legal and Operational Duality: The Gap between IMO Maritime Safety Regulations and Pet-Friendly Legislation in Emergency Scenarios

Abstract

This article aims to analyse the growing regulatory gap between the International Maritime Organisation (IMO) and national or regional legislations, which currently and increasingly recognise rights and protection for companion animals. It analyses the possible problems that maritime workers and shipping companies may encounter when dealing with a regulatory gap between the two institutions, especially in the context of maritime emergencies.

With the legal recognition of animals as sentient beings in the European Union and several states in the United States, the current IMO conventions show an absence of regulation. In order to achieve this aim, we have focused on a comparison between the international instruments with the main related conventions such as SOLAS, MARPOL, among others; putting Pet-Friendly laws first, simulating scenarios of collision and abandonment of the ship.

Without forgetting to address the possible legal consequences that could be faced by crews and shipping companies flying the flags of countries that legally recognise animals as subjects of law.