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2015 CMI Yearbook .Pdf 8.23 MB Cop_Yearbook2015_copertina 13/04/16 15:26 Pagina 1 CMI YEARBOOK YEARBOOK 2015 2015 ANNUAIRE ANNUAIRE NEW YORK NEW YORK I I Documents for the Conference ISSN 0778-9890 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 2 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 3 CMI YEARBOOK 2015 3 Table of contents TABLE OF CONTENTS PART I - ORGANIZATION OF THE CMI PAGE NO. Constitution 10 Rules of Procedure 36 Guidelines for proposing the election of Titulary and Provisional Members 39 Headquarters of the CMI 40 Members of the Executive Council 40 Honorary Officers 46 Standing Committees 47 International Working Groups 48 Member Associations 50 Provisional Members 106 Members Honoris Causa 107 Titulary Members 108 Consultative Members 133 PART II – THE WORK OF THE CMI ISTANBUL COLLOQUIUM 7-9 JUNE 2015 Welcome by the President of the CMI 140 PRESENTATIONS 143 Key-note speech by the Chairman of the Organising Committee, Bülent Sözer 144 (Other presentations, consisting of slides, are available on the website http://www.cmi2015istanbul.org/?p=Presentations) 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 4 4 CMI YEARBOOK 2015 Table of contents DOCUMENTATION 147 GENERAL AVERAGE 147 Report of the Meeting held at the 2015 Istanbul Colloquium, by Taco van der Valk 148 How have general average concepts developed across maritime countries and jurisdictions, by Didem Algantürk Light 172 (Other documentation, consisting of slides, is available on the website http://www.cmi2015istanbul.org/?p=General) OFFSHORE ACTIVITIES 183 Position paper of the Iberoamerican Institute of Maritime Law in relation to the need of an international convention on the Offshore extractive activity promoted, by the IMO 184 NEW YORK CONFERENCE 3-6 MAY 2016 CROSS BORDER INSOLVENCIES 195 Cross-border insolvency and admiralty: a middle path of reciprocal comity, by Martin Davies 196 A report of the work of the IWG, by Christopher Davis 216 GENERAL AVERAGE 219 CMI President’s letter to CMI members re the Review on Rules of General Average 220 CMI General Average Chair Bent Nielsen’s letter to CMI members explaining the proposed amendments 223 Proposed York Antwerp Rules 2016 (tabular format, comparing the 1994 and 2004 YAR) 226 Proposed CMI Guidelines on the York Antwerp Rules 257 Proposal for the amendment of Rule XXI (b) of the YAR 2004 relating to the determination of YAR rate of interest 274 JUDICIAL SALES 277 CMI President’s letter to CMI members enclosing the Submission to the IMO Legal Committee 278 The CMI Draft Convention on recognition of foreign judicial sales of ships - The Journey thus far, by Jonathan Lux 287 The CMI Draft Convention on Recognition of Foreign Judicial Sales of Ships - moving forward with the IMO, by Andrew Robinson 293 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 5 CMI YEARBOOK 2015 5 Table of contents LIABILITY FOR WRONGFUL ARREST 295 A report on this study and on the activities of the IWG, by Giorgio Berlingieri 296 Summary of NMLAs answers to the CMI questionnaire, by Aleka Sheppard 300 MARINE INSURANCE 353 Memorandum re suggested criteria (Guidelines) for national governments relating to mandatory insurance requirements under certain international treaties, by the CMI IWG 354 POLAR SHIPPING 359 Report on the legal framework for civil liability for vessel source oil spills in polar regions, by Lars Rosenberg Overby 360 Polarworthiness – a new standard of seaworthiness in the Polar context? (A brief abstract of a presentation at CMI 2016 New York), by Peter J. Cullen 413 The Load Lines Convention and Arctic Navigation, (A brief abstract of a presentation at CMI 2016 New York) by Aldo Chircop 414 The Polar Code (A brief abstract of a presentation at CMI 2016 New York) by Steven D. Poulin 415 Polar shipping regulation (A brief abstract of a presentation at CMI 2016 New York) by Alexander Skaridov 416 Lessons from the Antarctic (A brief abstract of a presentation at CMI 2016 New York) by David Baker 417 SHIP FINANCING SECURITY PRACTICES 419 Letter 29 March 2016 of the President of the CMI enclosing a Questionnaire prepared by the IWG 420 A round up on the activity of the IWG, by Ann Fenech 428 RESTATEMENT OF THE LEX MARITIMA 431 A report on the scope and activities of the IWG by Eric Van Hooydonk 432 ROTTERDAM RULES 435 A report on the activities of the IWG, by Tomotaka Fujita 436 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 6 6 CMI YEARBOOK 2015 Table of contents PART III – STATUS OF RATIFICATIONS Status of the ratifications of and accessions to the Brussels International Maritime Law Conventions 441 – Editor’s notes 441 – Collision between vessels, 23rd September, 1910 442 – Assistance and salvage at sea, 23rd September, 1910 444 – Protocol to amend the international convention for the unification of certain rules of law relating to Assistance and salvage at sea, 23rd September, 1910 447 – Limitation of the liability of owners of sea-going vessels and protocol of signature, 25th August 1924 448 – Bills of lading and protocol of signature “Hague Rules 1924”, 25th August 1924 449 – Visby Rules, 23rd February 1968 455 – SDR Protocol, 21st December 1979 457 – Maritime liens and mortgages, 10th April 1926 458 – Immunity of State-owned ships, 10th April 1926 459 – Civil jurisdiction, 10th May 1952 461 – Penal jurisdiction in matters of collision and other incidents of navigation, 10th May 1952 463 – Arrest of sea-going ships, 10th May 1952 470 – Limitation of the liability of owners of sea-going ships, 10th October 1957 475 – Limitation of the liability of owners of sea-going ships of 10 October 1957, 21st December 1979 480 – Stowaways, 10th October 1957 481 – Carriage of passengers by sea, 29th April 1961 481 – Nuclear ships, 25th May 1962 482 – Carriage of passengers’luggage by sea, 27th May 1967 483 – Vessels under construction, 27th May 1967 483 – Maritime liens and mortgages, 27th May 1967 484 Status of the ratifications of and accessions to the IMO conventions, in the field of private maritime law: 485 – Editor’s notes 485 – Civil liability for oil pollution damage hydrocarbures (CLC 1969), 29 November 1969 486 – Civil liability for oil pollution damage, 19 November 1976 494 – Civil liability for oil pollution damage, 1969, 27 November 1992 498 – Intervention on the high seas in cases of oil pollution casualties, 1969, 29 November 1969 502 – Intervention on the high seas in cases of pollution by substances other than oil, 1973, as amended, 2 November 1973 506 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 7 CMI YEARBOOK 2015 7 Table of contents – Establishment of an International Fund for compensation for oil pollution damage, 18 December 1971 508 – Establishment of an International Fund for compensation for oil pollution damage, 19 November 1976 511 – Establishment of an International Fund for compensation for oil pollution damage, 27 November 1992 513 – International Convention on the Establishment of an International Fund for compensation for oil pollution damage, 1992, 16 may 2003 517 – Maritime Carriage of nuclear material (NUCLEAR 1971), 17 December 1971 518 – Athens Convention relating to the Carriage of passengers and their luggage by sea, 13 December 1974 519 – Athens Convention relating to the Carriage of passengers and their luggage by sea, 19 November 1976 522 – 1974 Athens Convention relating to the Carriage of passengers and their luggage by sea, 29 March 1990 524 – Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, 1 November 2002 524 – Limitation of Liability for maritime claims, 19 November 1976 525 – Limitation of Liability for maritime claims, 1976, 2 May 1996 532 – Salvage, 1989, 28 April 1989 534 – Oil pollution preparedness, response and co-operation 1990, 30 November 1990 538 – Protocol on preparedness, response and co-operation to pollution incidents by hazardous and noxious substances, 2000, 15 March 2000 540 – Liability and Compensation for damage in connection with the carriage of hazardous and noxious substances by sea, 1996, 3 May 1996 542 – Civil Liability for Bunker Oil Pollution Damage, 2001, 23 March 2001 542 – Suppression of unlawful acts against the safety of maritime navigation, 1988 (SUA 1988), 10 March 1988 544 – Suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, 1988 (SUA PROTOCOL 1988), 10 March 1988 549 – Convention for the suppression of unlawful acts against the safety of maritime navigation (SUA 2005), 14 October 2005 553 Status of the ratifications of and accessions to United Nations and United Nations/IMO conventions in the field of public and private maritime law – Editor’s notes 554 – Code of Conduct for liner conferences, 6 April 1974 555 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 8 8 CMI YEARBOOK 2015 Table of contents – Carriage of goods by sea, 31 March 1978 557 – International multimodal transport of goods, 24 May 1980 558 – United Nations Convention on the Law of the Sea (UNCLOS 1982), 10 December 1982 558 – Registration of ships, 7 February 1986 562 – The Liability of operators of transport terminals in the international trade, 19 April 1991 562 – Maritime liens and mortgages, 1993, 6 May 1993 563 – Arrest of Ships, 1999 564 Status of the ratifications of and accessions to UNESCO Conventions – UNESCO Convention on the Protection of the Underwater Cultural Heritage 564 Status of the ratifications of and accessions to UNIDROIT conventions in the field of private maritime law: – UNIDROIT Convention on International financial leasing, 1988 566 Conferences of the Comité Maritime International 567 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 9 PART I Organization of the CMI 1-YEARBOOK 2015_YEARBOOK 2011 12/04/16 12:57 Pagina 10 10 CMI YEARBOOK 2015 Part I - Organization of the CMI Comité Maritime International CONSTITUTION 20011 PART I - GENERAL Article 1 Name and Object The name of this organization is “Comité Maritime International.” It is a non-governmental not-for-profit international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects.
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