CMI - SINGAPORE

Members of the Committee

P. J.S. Griggs (UK)

José M. Alcantara (Spain)

D.W. Taylor (UK)

C. Davis (USA)

Dr. A. Capagli (Argentina)

S. Harrington (Canada)

S. Hetherington (Australia)

T. Guzman (Chile)

Introduction

At the CMI Centenary Conference in Antwerp it was agreed that in the year before a major CMI Conference a Planning Committee would be formed to consider the current and future work programme of the CMI.

The Work Programme splits into four categories as follows:

Ongoing:

(i) Issues of Transport Law including multimodal and EDI.

(ii) Issues of Marine Insurance

(iii) Implementation and Interpretation of Conventions

(iv) General Average — the IUMI proposals

(v) Passengers by Sea

(vi) UNESCO draft Convention on Underwater Cultural Heritage

(B)?Coming to an end:-

(i) Piracy and Acts of Maritime Violence / Model Law

Finished:

(i) Athens Convention Questionnaire

(ii) IMAO (ICC/CMI) Rules

(iii) Time Charter Interpretation Code (FONASBA)

Possible new topics:

(i) Admiralty Rules of practice to complement Arrest Conventions

(ii) Pilotage — Immunity from suit.

(iii) Results of application of CLC and Fund Conventions is it working?

(iv) CMI — Young lawyers Group. Encourage. Mention of those who participate in preparation of responses to CMI Questionnaires.

(a) Annual Prize (CMI Charitable Trust)

(b) Training programmes (international exchange of young lawyers)

(v) Charterparties; use of terminology and construction of chartering clauses.
(vi) Uniformity of Chartering terms.
(vii) Maritime Arbitration; Co-operation with ICMA.
(viii) Stowaways; harmonisation of the domestic law applied by Port Authorities.
(ix) Body to Co-ordinate actions of National Associations in drawing attention of National Governments to practical / legal problems requiring international action.
(x) Containers; promotion of Protocol to extend benefits of UNIDROIT Convention (draft) on Security for Mobile Equipment.

Commentary on the work programme

(A) Ongoing:

The Planning Committee advises that in relation to the ongoing items in the work programme the position is as follows:

(i) Issues of Transport Law including Multimodal and EDI

The work of the CMI will continue after the Singapore Conference in co-operation with UNCITRAL and is likely to stay in the work programme for some years to come.

(ii) Issues of Marine Insurance

Much preliminary work has been done on this subject but it will continue in the CMI work programme for some years to come.

(iii) Implementation and Interpretation of Conventions

The CMI is working on this project in conjunction with the IMO Legal Committee. Currently the Convention under review is the 1976 LLMC. The CMI is not yet in a position to report to the Legal Committee but hopes to be able to do so within the coming year.

It is for consideration whether the CMI should, as was suggested at the Toledo Colloquium, seek to set up an international data base which would contain an up to date record of decisions of all national courts on the application and interpretation of International Conventions in national law. Should it be decided to develop such a data base the work on this subject would be on going indefinitely though the extent of involvement of the CMI would need to be examined. It is for consideration whether other ways might be found of ensuring uniformity of application of Conventions.

(iv) General Average — The IUMI Proposals

A decision will be made at the Singapore Conference about future work on this subject. If it is decided that further work on revision of the York Antwerp Rules is warranted this subject will be on going and time consuming.

(v) The Carriage of Passengers by Sea

The CMI has been acting in an observer capacity in relation to the work of the IMO Legal Committee to amend the Athens Convention. This role will continue but it is not anticipated that the CMI will, itself, become deeply involved.

(vi) UNESCO Draft Convention on Underwater Cultural Heritage

The Executive Council decided at its meeting in Toledo that it would become more actively involved in this subject and will seek to promote a solution to problems relating to Underwater Cultural Heritage by way of a protocol to the Salvage Convention 1989 rather than through the creation of a special convention on Underwater Cultural Heritage which, as currently drafted, conflicts with international salvage law. This subject will therefore be on going and active.

(B) Coming to an end:

As regards the one subject coming to an end — Piracy and Acts of Maritime Violence / Model Law — it is anticipated that the Model Law will have been finalised at the Singapore Conference. The CMI may continue to be involved in promoting the Model Law and advising on implementation. This will not be a major exercise though it will be ongoing for a period of time.

(C) Finished projects:

As regards finished projects no comment is required.

(D) Possible new topics:1

In relation to possible new topics some further detail may be necessary.

(i) Admiralty Rules. Practice to complement Arrest Conventions.

It has been suggested that this might be a useful project for the CMI though it is to be observed that instruments for the harmonisation of international maritime law normally deal with substantive law leaving procedural matters to national legislation. It is for consideration whether this topic should be placed in the work programme.

(ii) Pilotage — Immunity from suit.

There is a view that national legislation which gives immunity to pilots for their actions is unreasonable in today’s environment. A study might be made to ascertain the position internationally and to find out what national Associations understand their members concerns are in this area. It is suggested that a comparative study might be useful but it is not seen as a suitable topic for international harmonisation.

(iii) CLC and Fund Conventions.

The IMO Legal Committee at its 82nd Session resolved to increase the CLC and Funds limits. These increases will take effect from late 2003. The IOPCF is considering a major review of the CLC and Fund Conventions and it is suggested that a member of the Executive Council should ascertain whether CMI can contribute to this review.

(iv) The IMO Legal Committee, in its long-term work plan has included "Consideration of the legal status of novel types of craft, such as air — cushion vehicles, operating in the marine environment". It is for consideration whether the CMI should offer to undertake a study of the ways in which such vehicles are dealt with under existing national laws in member states.

(v) The IMO Legal Committee also has in its long-term work plan "a possible Convention on the regime of vessels in foreign ports". It is for consideration whether CMI might have anything to contribute on this subject.

(vi) CMI Young Lawyers Group

It is widely recognised that National Maritime Law Associations affiliated to the CMI experience considerable difficulty in interesting younger members in the activities of their Association and the CMI. The recommendation is that a small sub-committee under the chairmanship of a member of the CMI Executive Council should be set up to consider ways in which the interest of younger members might be stimulated. Possible means of promotion might include (a) an annual prize to be funded by the CMI Charitable Trust, (b) training programmes including an international exchange of young lawyers and (c) national seminars to explain and promote the activities of CMI and other International organisations.

In the past the CMI has kept away from the drafting of Charterparty clauses and the promotion of codes of interpretation. It maybe that this type of work is more appropriately undertaken by FONASBA, BIMCO and other similar international organisations. It is for consideration whether the CMI should get involved in this field.

(ix) Maritime Arbitrations; Co-operation with ICMA

It has been suggested by a member of the Planning Committee that CMI should establish contacts with ICMA to see whether in the field of arbitration there are any areas in which the skill and experience of the CMI might be applied. It is proposed that such contact should be made on the understanding that no work will be undertaken without reference back to a CMI Assembly.

(x) Stowaways; harmonisation of the Domestic Law applied by Port Authorities.

This subject is currently under close study by the IMO Facilitation Committee. The CMI has observer status at such committee meetings and will continue to follow this topic conscious of the fact that the CMI was responsible for drafting the Convention on Stowaways of 1957 which has never come in to force. It is proposed that this should remain as a possible subject for detailed work by CMI in the future.

(xi) Body to Co-ordinate actions of National Associations in drawing attention of National Governments to Practical / Legal Problems Requiring International Action.

There is a general feeling that National Associations take insufficient interest in the current work programme of intergovernmental and non-governmental bodies in the development of International Maritime Law. The Planning Committee does not feel that this should be a topic of study in its own right but it recognises that the CMI, through its publications, could and should regularly carry reports on the work being carried out by intergovernmental and non-governmental organisations.

(xii) Containers; Promotion of a Protocol to extend the benefits of the UNIDROIT Convention (draft) on Security for Mobile Equipment.

There has already been some correspondence between the CMI Secretariat and the international organisation representing container owners and operators. These contacts should continue and might result in a request from those in the container trade to CMI to assist in drafting a protocol specific to their interests.

Conclusions

Delegates to the Singapore Conference are invited to note the proposals contained in this report and to authorise the CMI Executive Council to proceed in accordance with the recommendations contained in this report.



	Members of the Committee P. J.S. Griggs (UK) José M. Alcantara (Spain) D.W. Taylor (UK) C. Davis (USA) Dr. A. Capagli (Argentina) S. Harrington (Canada) S. Hetherington (Australia) T. Guzman (Chile) Introduction At the CMI Centenary Conference in Antwerp it was agreed that in the year before a major CMI Conference a Planning Committee would be formed to consider the current and future work programme of the CMI. The Work Programme splits into four categories as follows: Ongoing: (i) Issues of Transport Law including multimodal and EDI. (ii) Issues of Marine Insurance (iii) Implementation and Interpretation of Conventions (iv) General Average — the IUMI proposals (v) Passengers by Sea (vi) UNESCO draft Convention on Underwater Cultural Heritage (B)?Coming to an end:- (i) Piracy and Acts of Maritime Violence / Model Law Finished: (i) Athens Convention Questionnaire (ii) IMAO (ICC/CMI) Rules (iii) Time Charter Interpretation Code (FONASBA) Possible new topics: (i) Admiralty Rules of practice to complement Arrest Conventions (ii) Pilotage — Immunity from suit. (iii) Results of application of CLC and Fund Conventions is it working? (iv) CMI — Young lawyers Group. Encourage. Mention of those who participate in preparation of responses to CMI Questionnaires. (a) Annual Prize (CMI Charitable Trust) (b) Training programmes (international exchange of young lawyers) (c) National Seminars regarding activities of CMI and International Organisations. (v) Charterparties; use of terminology and construction of chartering clauses. (vi) Uniformity of Chartering terms. (vii) Maritime Arbitration; Co-operation with ICMA. (viii) Stowaways; harmonisation of the domestic law applied by Port Authorities. (ix) Body to Co-ordinate actions of National Associations in drawing attention of National Governments to practical / legal problems requiring international action. (x) Containers; promotion of Protocol to extend benefits of UNIDROIT Convention (draft) on Security for Mobile Equipment. Commentary on the work programme (A) Ongoing: The Planning Committee advises that in relation to the ongoing items in the work programme the position is as follows: (i) Issues of Transport Law including Multimodal and EDI The work of the CMI will continue after the Singapore Conference in co-operation with UNCITRAL and is likely to stay in the work programme for some years to come. (ii) Issues of Marine Insurance Much preliminary work has been done on this subject but it will continue in the CMI work programme for some years to come. (iii) Implementation and Interpretation of Conventions The CMI is working on this project in conjunction with the IMO Legal Committee. Currently the Convention under review is the 1976 LLMC. The CMI is not yet in a position to report to the Legal Committee but hopes to be able to do so within the coming year. It is for consideration whether the CMI should, as was suggested at the Toledo Colloquium, seek to set up an international data base which would contain an up to date record of decisions of all national courts on the application and interpretation of International Conventions in national law. Should it be decided to develop such a data base the work on this subject would be on going indefinitely though the extent of involvement of the CMI would need to be examined. It is for consideration whether other ways might be found of ensuring uniformity of application of Conventions. (iv) General Average — The IUMI Proposals A decision will be made at the Singapore Conference about future work on this subject. If it is decided that further work on revision of the York Antwerp Rules is warranted this subject will be on going and time consuming. (v) The Carriage of Passengers by Sea The CMI has been acting in an observer capacity in relation to the work of the IMO Legal Committee to amend the Athens Convention. This role will continue but it is not anticipated that the CMI will, itself, become deeply involved. (vi) UNESCO Draft Convention on Underwater Cultural Heritage The Executive Council decided at its meeting in Toledo that it would become more actively involved in this subject and will seek to promote a solution to problems relating to Underwater Cultural Heritage by way of a protocol to the Salvage Convention 1989 rather than through the creation of a special convention on Underwater Cultural Heritage which, as currently drafted, conflicts with international salvage law. This subject will therefore be on going and active. (B) Coming to an end: As regards the one subject coming to an end — Piracy and Acts of Maritime Violence / Model Law — it is anticipated that the Model Law will have been finalised at the Singapore Conference. The CMI may continue to be involved in promoting the Model Law and advising on implementation. This will not be a major exercise though it will be ongoing for a period of time. (C) Finished projects: As regards finished projects no comment is required. (D) Possible new topics:1 In relation to possible new topics some further detail may be necessary. (i) Admiralty Rules. Practice to complement Arrest Conventions. It has been suggested that this might be a useful project for the CMI though it is to be observed that instruments for the harmonisation of international maritime law normally deal with substantive law leaving procedural matters to national legislation. It is for consideration whether this topic should be placed in the work programme. (ii) Pilotage — Immunity from suit. There is a view that national legislation which gives immunity to pilots for their actions is unreasonable in today’s environment. A study might be made to ascertain the position internationally and to find out what national Associations understand their members concerns are in this area. It is suggested that a comparative study might be useful but it is not seen as a suitable topic for international harmonisation. (iii) CLC and Fund Conventions. The IMO Legal Committee at its 82nd Session resolved to increase the CLC and Funds limits. These increases will take effect from late 2003. The IOPCF is considering a major review of the CLC and Fund Conventions and it is suggested that a member of the Executive Council should ascertain whether CMI can contribute to this review. (iv) The IMO Legal Committee, in its long-term work plan has included "Consideration of the legal status of novel types of craft, such as air — cushion vehicles, operating in the marine environment". It is for consideration whether the CMI should offer to undertake a study of the ways in which such vehicles are dealt with under existing national laws in member states. (v) The IMO Legal Committee also has in its long-term work plan "a possible Convention on the regime of vessels in foreign ports". It is for consideration whether CMI might have anything to contribute on this subject. (vi) CMI Young Lawyers Group It is widely recognised that National Maritime Law Associations affiliated to the CMI experience considerable difficulty in interesting younger members in the activities of their Association and the CMI. The recommendation is that a small sub-committee under the chairmanship of a member of the CMI Executive Council should be set up to consider ways in which the interest of younger members might be stimulated. Possible means of promotion might include (a) an annual prize to be funded by the CMI Charitable Trust, (b) training programmes including an international exchange of young lawyers and (c) national seminars to explain and promote the activities of CMI and other International organisations. (vii & viii) Charterparties; Use of Terminology and Construction of Chartering Clauses; Uniformity of Chartering Terms. In the past the CMI has kept away from the drafting of Charterparty clauses and the promotion of codes of interpretation. It maybe that this type of work is more appropriately undertaken by FONASBA, BIMCO and other similar international organisations. It is for consideration whether the CMI should get involved in this field. (ix) Maritime Arbitrations; Co-operation with ICMA It has been suggested by a member of the Planning Committee that CMI should establish contacts with ICMA to see whether in the field of arbitration there are any areas in which the skill and experience of the CMI might be applied. It is proposed that such contact should be made on the understanding that no work will be undertaken without reference back to a CMI Assembly. (x) Stowaways; harmonisation of the Domestic Law applied by Port Authorities. This subject is currently under close study by the IMO Facilitation Committee. The CMI has observer status at such committee meetings and will continue to follow this topic conscious of the fact that the CMI was responsible for drafting the Convention on Stowaways of 1957 which has never come in to force. It is proposed that this should remain as a possible subject for detailed work by CMI in the future. (xi) Body to Co-ordinate actions of National Associations in drawing attention of National Governments to Practical / Legal Problems Requiring International Action. There is a general feeling that National Associations take insufficient interest in the current work programme of intergovernmental and non-governmental bodies in the development of International Maritime Law. The Planning Committee does not feel that this should be a topic of study in its own right but it recognises that the CMI, through its publications, could and should regularly carry reports on the work being carried out by intergovernmental and non-governmental organisations. (xii) Containers; Promotion of a Protocol to extend the benefits of the UNIDROIT Convention (draft) on Security for Mobile Equipment. There has already been some correspondence between the CMI Secretariat and the international organisation representing container owners and operators. These contacts should continue and might result in a request from those in the container trade to CMI to assist in drafting a protocol specific to their interests. Conclusions Delegates to the Singapore Conference are invited to note the proposals contained in this report and to authorise the CMI Executive Council to proceed in accordance with the recommendations contained in this report. Patrick J.S. Griggs President (1) One member of the Planning Committee wishes it to be placed on record that in relation to all comparative law studies and drafting projects the need to give equal weight to the Civil Law and Common Law tradition will be respected.