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 Members are 168 Member States Specialist Committees include Legal Committee, created 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)

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

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

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

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

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

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 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

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

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