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YEARBOOK 2001 ANNUAIRE CMI YEARBOOK 2001 3 Table of contents TABLE OF CONTENTS PART I - Organization of the CMI PAGE NO. Constitution 10 Rules of Procedure 28 Guidelines for proposing the election of Titulary and Provisional Members 31 Headquarters of the CMI 32 Members of the Executive Council 32 President ad Honorem and Honorary Vice Presidents 34 Management Functions 35 Member Associations 39 Temporary Members 82 Members Honoris Causa 83 Titulary Members 83 Consultative Members 111 PART II - The Work of the CMI CMI 37th Conference Singapore 11-17 February 2001 Officers of the Conference 119 List of Attendance 120 Opening Session - Opening speech of the President of the CMI 171 - Address by Prof. David J. Attard, Director, IMLI 175 - Opening address by Prof. S. Jayakumar, Minister for Law and Minister for Foreign Affairs 177 Agenda of the Conference 181 Issues of Transport Law - Report of Committee A 182 - Resolution of the Conference 188 4 CMI YEARBOOK 2001 Table of contents Marine Insurance - Discussion Paper 189 - Report to the Plenary Session 203 - Resolution of the Conference 211 General Average - Report to the Plenary Session by the International Working Group 212 - Resolution of the Conference 213 Model National Law on Acts of Piracy and Maritime Violence - Report on the Conference Session 214 - Resolution of the Conference 223 Implementation and Interpretation of the 1976 LLMC Convention - Report of the Working Group 224 - Resolution of the Conference 230 - Report to IMO 231 Passengers Carried by Sea - Limitation against passenger claims: medieval, unbreakable and unconscionable, Paper by Charles Haddon-Cave QC 234 -Passengers Carried by Sea - should they be granted the same rights as airline passengers? Paper by Bernd Kröger 244 - Resolution of the Conference 253 Salvage -First report on UNESCO Draft Convention on the Protection of Underwater Cultural Heritage 254 Work programme - Resolution of the Conference 259 The Work of the CMI after the Singapore Conference Issues of Transport Law 263 - Report of the Fifth Meeting 265 - Report of the Sixth Meeting 305 - Draft Outline Instrument of 31 May 2001 357 - Consultation Paper of 31 May 2001 379 - Synopsis of the Responses to the Consultation Paper and other comments on the Draft Outline Instrument 383 -CMI Draft Instrument on Transport Law 532 Model National Law on Acts of Piracy and Maritime Violence -Final Report of the Joint International Working Group 598 - Annex A 599 - Annex B 606 CMI YEARBOOK 2001 5 Table of contents General Average - Report of the Chairman of the Joint International Working Group 608 Salvage - UNESCO Draft Convention on the Protection of Underwater Cultural Heritage - Report by John D. Kimball 615 - Letter of the President of the CMI to the Director General of UNESCO 620 PART III - Status of ratifications Status of the ratifications of and accessions to the Brussels International Maritime Law Conventions: - Editor’s notes 625 - Collision between vessels, 23rd September 1910 626 - Assistance and salvage at sea, 23rd September 1910 628 - Assistance and salvage at sea, Protocol of 27th May 1967 631 - Limitation of the liability of owners of sea-going vessels, 25th August 1924 632 - Bills of lading, 25th August 1924 (Hague Rules) 633 - Bills of lading, Protocol of 23rd February 1968 (Visby Rules) 639 - Bills of lading, Protocol of 21st December 1979 (SDR Protocol) 641 - Maritime liens and mortgages, 10th April 1926 642 - Immunity of State-owned ships, 10th April 1926 and additional Protocol 24th May 1934 643 -Civil jurisdiction in matters of collision, 10th May 1952 645 -Penal jurisdiction in matters of collision and other incidents of navigation, 10th May 1952 647 -Arrest of sea-going ships, 10th May 1952 654 - Limitation of the liability of owners of sea-going ships, 10th October 1957 659 - Limitation of the liability of owners of sea-going ships, Protocol of 21st December 1979 664 - Stowaways, 10th October 1957 665 - Carriage of passengers by sea, 29th April 1961 665 - Nuclear ships, 25th May 1962 666 - Carriage of passengers’ luggage by sea, 27th May 1967 667 -Vessels under construction, 27th May 1967 667 - Maritime liens and mortgages, 27th May 1967 668 6 CMI YEARBOOK 2001 Table of contents Status of the ratifications of and accessions to the IMO conventions, in the field of private maritime law: - International convention on civil liability for oil pollution damage (CLC 1969) 670 - Protocol of 1976 to the International convention on civil liability for oil pollution damage (CLC Prot 1976) 680 - Protocol of 1992 to amend the International convention on civil liability for oil pollution damage, 1969 (CLC Prot 1992) 684 - International convention on the establishment of an international fund for compensation for oil pollution damage (Fund 1971) 686 - Protocol of 1976 to the International convention on the establishment of an international fund for compensation for oil pollution damage, 1971 (Fund Prot 1976) 692 - Protocol of 1992 to amend the International convention on the establishment of an international fund for compensation for oil pollution damage, 1971 (Fund Prot 1992) 694 - Convention relating to civil liability in the field of maritime carriage of nuclear material (Nuclear 1971) 696 - Athens convention relating to the carriage of passengers and their luggage by sea (PAL 1974) 698 - Protocol of 1976 to amend the 1974 Athens convention relating to the carriage of passengers and their luggage by sea (PAL Prot 1976) 700 - Protocol of 1990 to amend the 1974 Athens convention relating to the carriage of passengers and their luggage by sea (PAL Prot 1990) 702 - Convention on limitation of liability for maritime claims (LLMC 1976) 702 - Protocol of 1996 to amend the Convention on limitation of liability for maritime claims, 1976 (LLMC Prot 1996) 709 - International convention on salvage (Salvage 1989) 709 - International convention on oil pollution preparedness, response and co-operation, 1990 713 - International convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea, 1996 (HNS 1996) 715 CMI YEARBOOK 2001 7 Constitution Status of the ratifications of and accessions to United Nations and United Nations/IMO conventions in the field of maritime law: - The United Nations Convention on a code of conduct for liner conferences, 6 April, 1974 (Liner Confer 1974) 718 - The United Nations Convention on the carriage of goods by sea, 31 March 1978 (The Hamburg Rules 1978) 720 - The United Nations Convention on international multimodal transport of goods, 24 May 1980 (Multimodal 1980) 721 - The United Nations Convention on the law of the sea, 10 December 1982 721 - The United Nations Convention on conditions of registration of ships, 7 February 1986 (Registration ships 1986) 724 - The United Nations Convention on the liability of operators of transport terminals in the international trade, 1991 725 - International Convention on maritime liens and mortgages, 1993 725 - International Convention on Arrest of Ships, 1999 725 Status of the ratifications of and accessions to UNIDROIT conventions in the field of private maritime law: - UNIDROIT Convention on international financial leasing, 1988 727 APPENDIX Conferences of the Comité Maritime International 728 PART I Organization of the CMI 10 CMI YEARBOOK 2001 Part I - Organization of the CMI Comité Maritime International CONSTITUTION 1992* PART I - GENERAL Article 1 Object The Comité Maritime International is a non-governmental international organization, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects. To this end it shall promote the establishment of national associations of maritime law and shall cooperate with other international organizations. Article 2 Domicile The domicile of the Comité Maritime International is established in Belgium. Article 3 Membership a) The Comité Maritime International shall consist of national (or multinational) Associations of Maritime Law, the objects of which conform to that of the Comité Maritime International and the membership of which is open to persons (individuals or bodies corporate) who either are involved in maritime activities or are specialists in maritime law. Member Associations should endeavour to present a balanced view of the interests represented in their Association. Where in a State there is no national Association of Maritime Law in existence, and an organization in that State applies for membership of the Comité Maritime International, the Assembly may accept such organization as a Member of the Comité Maritime International if it is satisfied that the object of such organization, or one of its objects, is the unification of maritime law * The Constitution has been amended by the Assembly of the CMI held in Singapore on 16th Febrary 2001. The new Constitution will enter into force, pursuant to its Article 24,on the tenth day following its publication in the Moniteur belge. CMI YEARBOOK 2001 11 Constitution Comité Maritime International STATUTS 1992* Ière PARTIE - DISPOSITIONS GENERALES Article 1er Objet Le Comité Maritime International est une organisation non- gouvernementale internationale qui a pour objet de contribuer, par tous travaux et moyens appropriés, à l’unification du droit maritime sous tous ses aspects. Il favorisera à cet effet la création d’Associations nationales de droit maritime. Il collaborera avec d’autres organisations internationales. Article 2 Siège Le siège du Comité Maritime