C - United Nations instruments and underwater operations

Two main organs of the five currently in operation are involved in commercial underwater and maritime interventions: • The Secretariat, via the Division for Ocean Affairs and the Law of the Sea (DOALOS), which is the primary organ responsible for the “Convention on the Law of the Sea (UNCLOS)”, which serves as the foundational legal framework for maritime and underwater activities. • The Economic and Social Council (ECOSOC), which plays a key role in coordinating with specialized agencies and independent international organizations that partner with the UN on maritime and underwater interventions, such as commercial diving and ROV operations. The other main organs (General Assembly, Security Council, and Court of Justice) have limited or indirect roles in this specific context.

The Convention on the Law of the Sea (UNCLOS) and its impact on commercial underwater activities: This crucial document outlines the jurisdictional framework within which all maritime regulations, including those specific to diving, must operate, and serves as a reference in case of territorial disputes regarding the exploitation of the oceans. Its principles were first addressed during the United Nations Conferences on the Law of the Sea (UNCLOS I and UNCLOS II), held in Geneva in 1958 and 1960. These were later expanded upon in the General Assembly's Resolution 2749 (XXV) of December 1970. The convention was then negotiated during the Third United Nations Conference on the Law of the Sea (1973–1982) and entered into force on 16 November 1994 As mentioned above, the Division for Ocean Affairs and the Law of the Sea (DOALOS) is responsible for managing it on behalf of the Secretariat. Companies should systematically refer to this convention when organizing underwater operations, as it identifies the areas that fall under a coastal state's jurisdiction (and thus whether its standards apply), depending on their distance from its baseline. These areas currently fall into five main parts: • The Territorial Sea is a zone that extends to 12 nautical miles: The state has full sovereignty in it. However, foreign ships get a right of "innocent passage" (innocent passage means that the ship can sail at normal/full speed as long as its passage is not prejudicial to the peace, good order, or security). • The Contiguous Zone is an extension of the Territorial Sea that extends up to 24 nm, where the state can enforce customs, fiscal, immigration, and sanitary laws. • The Exclusive Economic Zone (EEZ) is a zone where the state has exclusive rights to exploit natural resources (fish, oil, gas) but doesn't have full sovereignty, so other states retain navigation and overflight rights. It extends up to 200 nm. • The Continental Shelf can be considered an extension of the Exclusive Economic Zone (EEZ), giving the coastal state rights over seabed resources beyond 200 nm where the physical shelf does. It is, however, limited to 350 nautical miles (or 100 nm from the 2,500m isobath) • High seas are part of the oceans and seas beyond national jurisdiction, open to all states, governed by flag-state law and UNCLOS's general principles rather than any one country's rules. Note that the International Seabed Authority (ISA) has been created to govern mineral resources on the seabed beyond national jurisdiction. While these areas can be seen as the basis on which the the legal framework of coatal states is built, this 202 pages convention also details specific cases such as the contiguous zones between archipelic states, the case of artificial islands, in addition to the rules related to commercial navigation within the different areas (including free passage in international straits), the conservation and management of the environment, and and many others. Disputes between states are solved by the International Tribunal for the Law of the Sea (ITLOS) in Hamburg. As with conventions, this document is a binding treaty for its signatory countries, which currently number around 170, including the European Union. However, the United States has neither signed nor ratified the 1982 Convention (due to historical objections to its original deep seabed mining provisions). Despite this, it is widely regarded as reflecting customary international law. This means that many of its core rules, such as the 12 nautical mile territorial sea and the concept of the Exclusive Economic Zone (EEZ), are considered binding even on non- signatory states like the U.S., based on customary practice rather than treaty consent. However, it is worth noting that not every provision of this convention carries this customary status, so assumptions cannot be made on a clause-by-clause basis.

The International Maritime Organization (IMO): Because underwater operation at sea cannot happen without support vessels and relevant diving systems, the documents issued by IMO apply automatically. Note that the organization is governed by the Assembly (approving the work programme and budget), and the Council, which is the executive organ of the assembly, responsible for supervising the work of the Organization. The various Conventions, Codes, Resolutions, and Guidelines are published by the the following committees: • The Facilitation Committee (FAL) deals with matters related to the facilitation of international maritime traffic, including the arrival, stay and departure of ships, persons and cargo from ports. The Committee also addresses electronic business, including the single window concept, and aims to ensure that the right balance is struck between regulation and the facilitation of international maritime trade. • The Legal Committee (LEG) deals with any legal matters within IMO’s scope. This includes liability and compensation issues related to the operation of ships, including damage, pollution, passenger claims, and wreck removal. The Committee also addresses seafarer matters, including the fair treatment of seafarers, and issues concerning unlawful activities at sea which affect the safety of navigation. • The Marine Environment Protection Committee (MEPC) addresses environmental issues under IMO’s remit. This includes the control and prevention of ship-source pollution covered by the MARPOL treaty, including oil, chemicals carried in bulk, sewage, garbage and emissions from ships, including air pollutants and greenhouse gas emissions. Other matters covered include ballast water management, anti-fouling systems, ship recycling, pollution preparedness and response, and identification of special areas and particularly sensitive sea areas. • The Maritime Safety Committee (MSC) deals with all matters related to maritime safety and maritime security which fall within the scope of IMO, covering both passenger ships and all kinds of cargo ships. This includes updating the SOLAS Convention and related codes, such as those covering dangerous goods, life-saving appliances and fire safety systems. The MSC also deals with human element issues, including amendments to the STCW Convention on training and certification of seafarers. The MSC has a wide range of issues on its current agenda, including goal-based standards, autonomous vessels, piracy and armed robbery against ships, cyber security, e- navigation and the modernization of the Global Maritime Distress and Safety System (GMDSS). • The Technical Cooperation Committee (TC) oversees IMO’s capacity- building programme and the implementation of technical cooperation projects for which the Organization acts as the executing or cooperating agency, ensuring that IMO supports the United Nations Sustainable Development Goals and the 2030 Agenda for Sustainable Development. The organization is known to emit numerous documents, among which the followings are related to the organization of underwater operations: • SOLAS (International Convention for the Safety of Life at Sea, 1974, as amended), binding once ratified; governs the seaworthiness, life-saving appliances, and safety management of the support vessel itself. • STCW (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers), also binding; sets minimum training and certification standards for the vessel's crew. However, this convention is not applicable for diving and ROV crews who are certified through separate, non-IMO schemes. • The International Code of Safety for Diving Operations, 2023 (Resolution MSC.548(107)), commonly refered as “The Diving Code 2023”, which entered into force on 1 January 2024. It follows an approach covering fixed, portable, surface-oriented and mixed-gas diving systems, introduces a two-part certification scheme. As with Codes, its application is not binding. However, administrations are "encouraged" to apply it. Note that this code was adopted as the replacement of “the Code of Safety for Diving Systems”, adopted in 1983, substantially revised as Resolution A.831 in 1995, and paired with the 1991 hyperbaric- evacuation guidelines (Resolution A.692), designed to set minimum design, construction and survey standards for diving systems fitted to ships and floating structures. Similarly as the diving code, flag administrations and classification societies were encouraged to adopt it. One nuance with the “Diving Code 2023” is that it applies to ships of not less than 500 gross tonnage that have a diving system installed on or after January 1, 2024. It is however mentioned that administrations may apply its provisions to lesser tonnage vessels "as far as reasonable and practicable". Therefore, for smaller vessels, such as workboats, inland vessels, or smaller offshore support vessels under 500 GT, that typically utilize non-saturation diving systems, continuing to reference the 1995 Code (Resolution A.831) remains a perfectly valid, practical, and IMO-endorsed approach. Note that the “Diving Code 2023” is described in an previous article in this Section. • The recently adopted (May 2026) International Code of Safety for Maritime Autonomous Surface Ships (MASS Code), effective from 1 July 2026, addresses safety, remote operations, cybersecurity, navigation, and other critical aspects for autonomous and remotely operated surface ships (not underwater vehicles). This new Code is currently in an experimental phase to gather operational data before potential mandatory adoption under SOLAS. In addition, the organization has acknowledged that its framework could serve as a model for future regulations, including unmanned underwater vehicles (UUVs). This suggests that regulations may be developed for Remotely Operated Vehicles (ROVs) and Autonomus Underwater Vehicles (AUVs) in the near future. For the moment, no Document has been issued by IMO regarding commercial design and working procedures of ROVs and AUVs. • The Guidelines for the Design, Construction and Operation of Passenger Submersible Craft (IMO MSC/Circ.981) cover the design, construction, and operation of passenger submersible craft and other manned underwater vehicles. While this category of vehicles is not commonly used today by the companies involved in construction and inspection works, they continue to be employed for scientific activities and similar. Case of Classification Societies: Classification Societies are independent, non-governmental organizations that establish and verify technical standards for the design, construction, and operational safety of ships, offshore structures, and diving systems. While independent of the IMO, they are linked to the organization through the mandatory Recognized Organization (RO) Code, which governs their delegated authority from flag states. It is worth noting that since January 2015, when a flag state authorizes a Classification Society as a Recognized Organization to conduct statutory surveys or issue certificates on its behalf, that authorization must comply with Part 1 general requirements, (resources, independence, competence, quality management) and Part 2 (RO oversight by the flag state) of the RO Code, as legally required under SOLAS, MARPOL, and the 1988 Load Lines Protocol. The links to IMO are reinforced for those that are members of the International Association of Classification Societies (IACS), as this organization holds consultative status at IMO and contributes to rule- making. Note that IACS is an industry association with its own admission criteria around technical capability, quality management systems, and fleet/asset coverage. Therefore, membership in this association is voluntary, and IMO doesn't require it anywhere in the Recognized Organization (RO) Code. The core activities of the Classification societies include: • Surveying and inspecting vessels/offshore units for compliance with class rules and, where delegated, IMO statutory requirements. • Developing class rules and technical guidelines for construction, maintenance, and operation. • Issuing statutory certificates on behalf of flag states when authorized as a Recognized Organization.

The International Labour Organization (ILO): The ILO has no convention specifically dedicated to occupational diving and underwater vehicles personnel. However, they are covered through instruments aimed at broader categories. • The “Maritime Labour Convention, 2006 (MLC)”, binding on ratifying states, sets minimum working and living conditions for seafarers and applies to crew aboard dive-support vessels in the same way it applies to any merchant ship's crew (working hours, repatriation, medical care aboard, accommodation). • The “Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152)”, covers all and any part of the work of loading or unloading any ship as well as any work incidental thereto. As suggested, this Convention applies when mobilizing and demobilizing ships, which is common practice in our industry. Also note that the ILO's body of Conventions, Recommendations, and Codes of Practice on Occupational Safety and Health guides the management of hazards in various work environments, including manual and technical work. To simplify access and comprehension of these documents, the organization has published the "ILO guide to International Labour Standards on Occupational Safety and Health", a document that reproduces the text of the nine key occupational safety and health instruments listed below, which can also be downloaded separately: • Occupational Safety and Health Convention, 1981 (No. 155) • Protocol of 2002 to the Occupational Safety and Health Convention, 1981 • Occupational Safety and Health Recommendation, 1981 (No. 164) • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) • Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197) • Occupational Health Services Convention, 1985 (No. 161) • Occupational Health Services Recommendation, 1985 (No. 171) • Protection of Workers’ Health Recommendation, 1953 (No. 97) • List of Occupational Diseases Recommendation, 2002 (No. 194)

The United Nations Educational, Scientific and Cultural Organization (UNESCO): UNESCO touches diving and ROV work through two very different mechanisms: • The "2001 Convention on the Protection of the Underwater Cultural Heritage" is a binding treaty in force since 2009 and currently ratified by roughly 80 states that defines underwater cultural heritage as any trace of human existence submerged for at least 100 years, prohibits its commercial exploitation, and establishes in situ preservation as the preferred first option before any recovery. For commercial or scientific diving and ROV operators, this Convention determines what a diving or an ROV team is legally permitted to touch, recover, or even approach on a wreck site, and it interacts with national heritage law wherever a state has ratified it. • The United Nations Decade of Ocean Science for Sustainable Development (2021–2030), commonly referred to as the "Ocean Decade", to which this website is a participant, was proclaimed by the UN General Assembly in 2017 and coordinated by UNESCO's Intergovernmental Oceanographic Commission (IOC), As mentioned in our article describing this initiative in more detail, this is not a regulatory instrument at all but a coordinating framework that channels funding, data standards, and research priorities toward ocean science, explicitly framed around UNCLOS and Sustainable Development Goal 14.

The World Health Organzation (WHO): The World Health Organization (WHO) governs cross-border public health reporting through the International Health Regulations (IHR), which, as previously mentioned, are the legally binding instrument of international law for 196 countries. This framework requires countries to develop core capacities to detect, assess, notify, and report events that may constitute a public health emergency. Consequently, vessel masters are required to report any diseases of this nature that occur onboard their vessels. Guidelines for disease monitoring and the evacuation of casualties should also be considered. Among the key documents related to cross-border public health reporting and communicable disease events under the IHR, we can refer to the following: • International Health Regulations (2005), Third Edition (including amendments) • WHO Guidance for the Use of Annex 2 of the International Health Regulations (2005) • Case Definitions for the Four Diseases Requiring Notification to WHO in All Circumstances under the IHR (2005) • WHO Recommended Surveillance Standards (Communicable Disease Surveillance and Response Systems) • IHR Monitoring and Evaluation Framework • Report of the Review Committee on the Functioning of the International Health Regulations (2005) during the COVID-19 Response • Regional Implementation Reports (e.g., EMRO, AFRO, EURO)

The Council for International Organizations of Medical Sciences (CIOMS): As mentioned in the previous chapter CIOMS guidelines are mostly appliacble to diving medicine and research involving the use of humans. Therefore the contacts of the CIOMS with the diving industry is normally through medical abd scientific staffes. However, it is worth noting that when diving companies do modification of procedures such as decompression procedure on their own and without the support of a relevant scientific support conform to the description of the CIOMS (and by extention de declaration of Helsinki) tey fall aoutside the recommendations of the CIOMS, which may be used agaisnt them in court in case of an incident.

2 - Main Specialized Agencies involved

1 - Main Organs involved

3 - Main Independent International Organizations involved

The International Organization for Standardization (ISO): The impact of ISO on occupational underwater activities extends far beyond guidelines related only to these activities, as the Organization is involved in the quasi totality of industrial segments. Therefore, every item used for the construction of vessels or diving systems, and every piece of equipment used during diving and ROV operations, automatically falls within numerous ISO norms. As of the latest official data, the Organization has already published 26,116 documents at the end of December 2025, many of which have been adopted by states and are therefore now standards. It is mentioned that the total number of ISO published documents grows by roughly 1,400 to 1,500 new or updated publications per year. Consequently, listing all the documents related to underwater commercial activities or maritime activities would require an entire book. It is worth noting that as of the latest available data (end of 2025), the breakdown of the committees at work for the organization is estimated as follows: • Approximately 250 Technical Committees (TCs), each focusing on a broad industry or technology area, such as ships, welding, or environmental management • Approximately 700 Subcommittees (SCs) that operate under TCs and focus on specific aspects of the broader field. • Approximately 2000 Working Groups (WGs), that are formed under TCs or SCs to develop specific standards. Among these numerous committees all linked directly or indirectly to diving and ROV operations, we can highlight the "Ships and Marine Technology Committee ISO/TC 8", which operates through the following specialized sub-committees (SC) and Working groups (WG) as an example of committee organization: • ISO/TC 8/SC 1 Maritime safety • ISO/TC 8/SC 2 Marine environment protection • ISO/TC 8/SC 3 Piping and machinery • ISO/TC 8/SC 4 Outfitting and deck machinery • ISO/TC 8/SC 6 Navigation and ship operations • ISO/TC 8/SC 7 Inland navigation vessels • ISO/TC 8/SC 8 Ship design • ISO/TC 8/SC 11 Intermodal and Short Sea Shipping • ISO/TC 8/SC 12 Ships and marine technology - Large yachts • ISO/TC 8/SC 13 Marine technology • ISO/TC 8/SC 25 Maritime greenhouse gas (GHG) emissions • ISO/TC 8/SC 26 Smart shipping • ISO/TC 8/SC 27 Ports and terminals • ISO/TC 8/WG 3 Special offshore structures and support vessels • ISO/TC 8/WG 4 Maritime security • ISO/TC 8/WG 6 Ship recycling • ISO/TC 8/WG 11 Dredging • ISO/TC 8/WG 12 Aquatic nuisance species • ISO/TC 8/WG 14 Maritime education and training • ISO/TC 8/WG 15 Ocean Negative Carbon Emissions and Carbon Neutrality The same structure applies to all ISO committees. Note that the gaps in the numbering of Subcommittees (SCs) and Working Groups (WGs) are typically due to disbanded or inactive Subcommittees and Working Groups.

The chart below schematizes the relationships among the bodies described in this chapter, and the fact that the United Nations instruments become effective when states sign and ratify conventions, codes, resolutions, and guidelines, bringing them into force. Once adopted by states and brought into force, these documents become "Standards" whose application by contractors is binding; non- compliance can lead to legal consequences. These conventions, codes, resolutions, and guidelines can also be voluntarily adopted by companies even if states do not adopt them. Some United Nations documents may be directly applicable to contractors without state implementation; for example, UNCLOS applies beyond areas under individual states' jurisdiction. By contrast, documents issued by professional organizations are guidelines only, so their application is not mandatory unless their implementation is specified in a contract between two commercial entities. For simplification, the same type of arrow is used for Guidelines and Norms. The term "Norms" in this article refers to ISO documents, which are intended to become standards but are not technically standards under the definition above until states incorporate them into legal instruments. For simplicity, the direct link between ISO and the Economic and Social Council, as shown in the previous chart, is not illustrated here.

Although the principle of overall consensus that guided the League of Nations is not present in the United Nations Charter, the organization's processes often aim to secure the maximum number of states ratifying any submitted document. As a result, these documents are typically formulated based on minimum acceptable levels rather than more stringent criteria. The goal is to create agreements that are more likely to gain approval from member states, rather than producing a document that no state would ratify, which would prevent it from coming into effect. Another reason for these minimum acceptable levels is that drafters of conventions or codes consider global perspectives and the capabilities of existing states to implement the documents they create.. This principle of the "minimum acceptable level" is therefore one reason for the voluntary adoption of the various United Nations Instrument publications by numerous countries and companies. It is important to note that this approach often, though not always, leads professional organizations and other independent bodies to publish guidelines of higher technical and safety levels than those found in United Nations publications. This sometimes results in criticism from people who consider the levels proposed by United Nations bodies insufficient. However, as suggested above, the mission of the United Nations is primarily to protect as many people as possible, taking into account the technical means available for this purpose, which would fail if the technical levels proposed are not reachable by some populations. As a complement, we can see that the organization gradually increases the technical requirements of its publications and takes into consideration proposals from professional organizations when they are considered suitable for the entire community and therefore does not impose commercial approaches. As an example, we can refer to the "International Code of Safety for Diving Operations, 2023," which replaces the "Code of Safety for Diving Systems 1995." Therefore, we can conclude that the policy implemented is suitable for the organization's goals. An exception to this policy comes from certain independent international organizations that have formal or historical operational partnerships with the United Nations, such as the International Organization for Standardization (ISO), which is known to sometimes issue stringent norms. However, these norms are not binding unless adopted by states. Consequently, they do not directly affect the general United Nations policy. In addition to the above, the predominance of United Nations instrument publications is, of course, based on the Charter itself, along with the authority of published conventions over the domestic laws of signatory countries. Additionally, some conventions, such as the Convention on the Law of the Sea (UNCLOS), tend to impose obligations even on countries that are not signatories.

1 - Technical level and predominance over other publications

D - To conclude: Technical level, accessibility and financial aspects of United Nations documents on occupational underwater activities

2 - Ease of document retrieval

Access to Charter Organs' publications is straightforward, as they are clearly highlighted on the home page of the organization's website: https://www.un.org/en/ Access to the documents issued by Specialized Agencies is also relatively easy, as each has its own website. For the four detailed in this article: • International Maritime Organization (IMO): https://www.imo.org/en/ • International Labour Organization (ILO): https://www.ilo.org/ • World Health Organization: https://www.who.int/ • United Nations Educational, Scientific and Cultural Organization (UNESCO): https://www.unesco.org/en This applies to all other Specialized Agencies as well. In addition, note that IMO and ILO conventions, codes, resolutions, and guidelines are published in the subsection United Nations publications & national laws in Section "Document" of this website. Extensions will be gradually made to documents from other Specialized Agencies. Also, note that the PDF document "Internet links to IMO resolutions and maritime facts," which provides direct links to access the latest resolutions from the various IMO committees, is available in this subsection. Access to documents from the Independent International Organizations mentioned is also easy: • Council for International Organizations of Medical Sciences (CIOMS): https://cioms.ch/ • International Organization for Standardization (ISO): https://www.iso.org/home.html

3 - Financial aspects

IMO conventions and their associated codes, guidelines, and resolutions are publicly available for free. The full text of the conventions, including their articles and annexes, is usually accessible through the IMO's Implementation of Instruments Support Section or other official IMO pages. The exceptions are the officially consolidated, user-friendly, and professionally formatted publications, such as SOLAS, MARPOL, or STCW, which are typically paid, though unconsolidated versions or older editions may be found for free on third-party sites (with potential version risks). The texts of ILO conventions, recommendations, and standards are publicly available for free on the ILO website. Since May 2023, all ILO publications and knowledge products are available for use or reuse without needing permission, as long as the ILO is cited as the source. WHO publications (including guidelines, reports, and major documents) are also free to access, download, and share for non-commercial purposes (published under the CC BY-NC-SA 3.0 IGO license). Similarly to ILO and WHO, all new UNESCO publications (including books, reports, articles, and research) can be downloaded, shared, and adapted for non-commercial purposes, with proper attribution. However, there may be exceptions for some co-published materials produced with third parties and not sold by UNESCO itself. Regarding publications by Independent International Organizations, documents from the Council for International Organizations of Medical Sciences (CIOMS) are published on the same basis as those from the United Nations' specialized agencies. On the other hand, documents from the International Organization for Standardization (ISO) are all paid. While this practice can be critiqued for creating a financial barrier that favors wealthy companies over smaller entities, an issue seemingly overlooked by national standards bodies of this federation, it conforms to those in force in many countries for norms from third party industry standards–developing bodies, such as, but not limiting to: NORSOK in Norway, ASTM in the United States, BSI in the United Kingdom, AFNOR in France, DIN in Germany. Nevertheless, it must be noted that when adopted as laws by countries, these norms become standards and can become available free of charge. Also, it may happen that for safety or information reasons, states may freely release some of these documents. To conclude on this financial aspect, the policy of the United Nations regarding the documents published by its Instruments fully aligns with the principles it has been created for, ensuring that core documents align with its Charter’s principles of openness, while paid access is limited to independent organizations or value-added consolidated editions.