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INTERNATIONAL MARITIME LAW: WHAT YOU NEED TO KNOW

INTERNATIONAL MARITIME LAW: WHAT YOU NEED TO KNOW Perspective and Participation of Non-Governmental Organizations. A. William Moreira, Q.C. Past President, Canadian Maritime Law Association. INTERNATIONAL MARITIME ORGANIZATION. UN Specialized Agency created 1948, commenced operations 1959

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INTERNATIONAL MARITIME LAW: WHAT YOU NEED TO KNOW

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  1. INTERNATIONAL MARITIME LAW: WHAT YOU NEED TO KNOW Perspective and Participation of Non-Governmental Organizations A. William Moreira, Q.C.Past President, Canadian Maritime Law Association

  2. INTERNATIONAL MARITIME ORGANIZATION • UN Specialized Agency created 1948, commenced operations 1959 • Members are 168 Member States • Specialist Committees include Legal Committee, created 1968 • 68 NGOs granted Consultative Status at IMO, about 15 actively participate in Legal Committee’s work • One of the consultative NGOs is Comité Maritime International (CMI)

  3. COMITÉ MARITIME INTERNATIONAL • Created at Antwerp 1897 • Members are 51 national Maritime Law Associations • Consultative Members of CMI include two intergovernmental organizations, IMO and IOPC Fund • Honourary individual members • Governed by elected Executive Council, most of whom are practising maritime lawyers • Headquartered at Antwerp

  4. COMITÉ MARITIME INTERNATIONAL (Cont’d) • “The lawyer should hold the pen … the practical man should dictate the solutions” – Louis Franck • At inception, CMI claimed as members representatives of all aspects of maritime commerce; over time it has become dominated by lawyers • CMI bases its work on the broadest possible consensus among the international maritime community, including industry, the legal profession, and governments

  5. COMITÉ MARITIME INTERNATIONAL (Cont’d) • Object: • To contribute by all appropriate means and activities to the unification of maritime law in all its aspects • Specific mandate to co-operate with other international organizations. • Long-standing and close relationship with Legal Committee since 1969 • Offers private practitioner and commercial perspectives to an essentially public-policy driven body • Presently working also with other UN specialized agencies including UNCITRAL and UNESCO

  6. COMITÉ MARITIME INTERNATIONAL (Cont’d) • From 1910 to 1969, worked with Belgian government to produce 22 so-called Brussels Conventions • Examples • Collision (1910) • Hague Rules (1924, amended 1968) • Arrest of Seagoing Ships (1952) • In addition, CMI remains custodian of York-Antwerp Rules, purely private instrument regulating general average

  7. COMITÉ MARITIME INTERNATIONAL (Cont’d) • Work with IMO Legal Committee • Commenced with Legal Committee’s inception 1969 • Participated in preparation of CLC 1969 • Active and continuous participation including: • Fund Convention 1971, and amendments • Athens Convention on Passengers 1974, and amendments • Limitation of Liability Convention 1976, and amendment • Salvage Convention 1989 • Bunkers Convention 2001 • Wreck Removal Convention 2007

  8. WRECK REMOVAL CONVENTION 2007 • First considered as part of Torrey Canyon response in 1969, deferred at that time • Returned later to Legal Committee work program, led by Netherlands, Germany and UK delegations to Legal Committee • CMI created International Working Group in 1996, reported to Legal Committee October 1996. Review of CMI members’ national laws governing wreck removal in the territorial sea • CMI at Legal Committee request produced 2004 analysis of draft Convention’s compatibility with Salvage Convention and other existing international instruments • CMI assisted with 2007 debate which ultimately led to “opt-in” provision regarding Convention’s application in territorial sea

  9. COMMENTS ON WRECK REMOVAL CONVENTION 2007 • Follows now-established model in liability conventions of shipowner strict liability, compulsory insurance and right of direct action against insurer, with important unique exceptions: • No stand-alone limitation of amount of liability • Claimants limited to coastal state public authorities • Concern with potential lack of uniformity in coastal state application • Liability provisions are practically engaged upon coastal state determination that specific wreck is a “hazard” • Determination at coastal state discretion, with insufficient binding guidance provided in the instrument itself regarding application of the Article 6 criteria

  10. INTERNATIONAL MARITIME LAW: WHAT YOU NEED TO KNOW Perspective and Participation of Non-Governmental Organizations Thank you

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