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Specialists in Shipping, Marine Insurance & Transit Law, London |
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SUMMER NEWSLETTER 2003A commentary by Michael Buckley The Comite Maritime International (CMI) and the International Maritime Organisation (IMO) are currently engaged in promoting discussion upon a range of subjects of interest and importance to those involved in the shipping and marine insurance industries, many of which will be the subject of meetings which are due to be held in London in November. Transport Law.In December 2001 the CMI delivered to UNCITRAL a draft Instrument on Transport Law which covers many aspects of the carriage of goods by sea not previously dealt with by international convention, including the transportation of goods on a door-to-door rather than a port-to-port basis. The draft also includes a section dealing with liability, which is designed to replace the Hague-Visby Rules and the Hamburg Rules, and seeks to strike a balance between the rights and liabilities of ship and cargo respectively. In the light of the discussions which have taken place it is expected that UNCITRAL will soon publish a re-drafted Instrument, which will be considered by a CMI International Sub-Committee when it meets in November. General Average.The CMI is the custodian of the York-Antwerp Rules which were last revised in 1994. Since then, there has been growing pressure from marine underwriters to revise the Rules and to reduce the range of port of refuge expenses which may be allowed in general average. A CMI International Sub-Committee will meet in November to discuss the proposed revisions to the Rules in advance of the CMI Conference which is to take place in Vancouver next year. Places of Refuge.Readers of the shipping press will be familiar with the controversy which has arisen following the sinking of the vessel Prestige off the coast of north-west Spain with 37,000 tonnes of fuel oil still on board, and the circumstances of an earlier casualty involving the vessel Castor. Both incidents have highlighted the urgent need for an international agreement to resolve the problem of finding places of refuge for vessels in distress, given the reluctance of many governments to provide such assistance if there is a perceived threat to the marine environment. Last year the CMI conducted an investigation amongst its national member associations to ascertain the extent to which their domestic laws dealt with these problems. So far as the UK is concerned the information was assembled and supplied by the BMLA Salvage Sub-Committee. This investigation revealed that, whilst the principles involved are mostly identified in a series of international conventions, some countries have not become parties to those conventions, and of those that have become parties very few have developed national plans to give effect to those principles. Very few States have, therefore, published any guidance to those in distress as to what they should do in such situations; nor has much attempt been made to explain the criteria that will be adopted when considering requests for assistance. This year the investigation has been taken to the next stage by the CMI and IMO circulating another questionnaire to ascertain the provisions of domestic laws applicable to the liability of a State which declines refuge to a distressed vessel or to a State which, after providing refuge, is subsequently faced with claims for pollution, for example. Once again the UK response to this questionnaire has been provided by the BMLA Salvage Sub-Committee. The responses from national associations are in the process of being collated and the topic will be discussed at a meeting of the CMI International Sub-Committee in November in preparation for the CMI Conference in Vancouver. The International Salvage Convention 1989.The investigation into Places of Refuge highlighted the fact that there are many States which, for whatever reason, have failed to take action to ratify international conventions or to give effect to their provisions by enacting appropriate domestic legislation. This has caused concern to IMO which, jointly with the CMI, has decided to carry out an enquiry in the hope of discovering the reasons for this regrettable situation. For the purpose of the enquiry it has been decided to focus on the 1989 Salvage Convention, which is generally regarded as uncontroversial and a beneficial development. Nevertheless, there are still many States which have failed to take steps to adopt its provisions in their national laws. The BMLA Salvage Sub-Committee is currently preparing a response to the questionnaire which has been received in that connection. The Seatrade London International Maritime Convention.November, therefore, promises to be a busy period for those involved in the discussions on these weighty topics, but in September there will be an opportunity for more informal meetings with others in the shipping and insurance fields on the occasion of the Seatrade Convention to be held at the new ExCel Exhibition Centre in London’s Docklands between 16 and 18 September. Many organisations will be exhibiting at the Convention and providing seminars, including the London Maritime Arbitrators Association and the Admiralty Solicitors Group. Further details are available on the internet at www.seatrade-london.com Return to News |
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