2 e t e i t m m c o i n g o r g a n i z John Markianos – Daniolos, Chairman Kyriakides Georgopoulos & Daniolos Issaias Law Firm Deucalion Rediadis, Vice Chairman CMI Deucalion Rediadis & Sons The Comite Maritime International (CMI), which was formally established in 1897 in Belgium, is the oldest Vassilis Vernicos, Secretary international organisation in the maritime field. The Vernicos-Pierrakos & Associates initial aim of the CMI was and remains the unification of international maritime law. In achieving this aim, MEMBERS the founders of the CMI stated that they were keen Michael Antapassis to receive input from the whole maritime industry Antapassis – Albouras Law Office including ship operators, bankers, insurers and adjusters – this was not simply to be a lawyers’ Dimitris Christodoulou organisation. With view to the above aim, the CMI further Ph. Christodoulou & Partners promotes the establishment of national associations of Elias Dimitriou maritime law and the cooperation with other international Peter N. Cambanis Law Office organisations. Anastasia Kaminari GREEK MLA Michael Malerbas The Greek Maritime Law Association was initially Rear - Admiral, Hellenic Coast Guard, (rtd) established in 1911. Amongst its 16 founding members Keri Mavromati were law professors and successful shipowners. In the Polychronis Perivolaris ensuing years, the Association was not able to develop Norton Rose LLP its full potential due to national and international unrest George Scorinis that preceded and succeeded the two world wars. Scorinis Law Offices In 1950, following an invitation of the CMI to Professor Kyriakos Spiliopoulos, the Greek MLA Dr. George Theocharidis was re-established. According to its constitution, Lily Politsopoulou - Timagenis the purpose of the Association is to represent Greece Gr. J. Timagenis Law Office before the CMI, to further the study of maritime law, to study and develop the national maritime legislation and LIAISON WITH THE CMI to participate in international conferences and scientific Dr. Gregory Timagenis, works and publications Member of the ExCo of CMI - The Association has participated in all CMI Conferences Gr. J. Timagenis Law Office since 1950 and took an active role in CMI’s work by replying to the various questionnaires prepared by CMI. Furthermore the Association has contributed within Greece a large number of publications and scientific discussions on matters of maritime law of particular interest. There are currently 170 registered members of the Association. I M C he f t t o n e Dear Colleagues and Friends, d si Welcome to the 39th International Conference re of the CMI in Athens and thank you to the Greek P e Maritime Law Association for generously hosting h this event. t m For just the second time in its history of 110 years the ro CMI will meet in Athens. The last time a CMI International f e Conference took place in Athens was in 1962 under the g Presidency of Albert Lilar, but many of those who will be a s attending this time would have been far too young to attend, or s e indeed not yet born. This brings me directly to one of the current desires of the CMI, namely to invite and encourage the younger M e generation to take an interest in our work. The CMI could certainly m do with an injection of young blood with fresh and innovative o c ideas. A fruitful exchange of views between our younger members l with their strengths and skills and the seasoned experience of our e more distinguished officers from the ranks of maritime specialists is W highly desirable. We hope there will be such an exchange in Athens. As regards the detailed programme for the forthcoming Conference, you will find herewith a presentation of the main subjects for discussion namely, places of refuge, procedural rules relating to limitation of liability, UNCITRAL draft instrument on the carriage of goods, as well as some other topics of great interest. The social events will also be described by our colleagues of the Host Committee who have worked for almost four years in preparing for this major event. As regards choosing a venue for the Conference we decided upon a new venture of holding the Conference not in the heart of Athens or Piraeus but in Vouliagmeni which is a beautiful seaside resort nearby. Of course it would have been wonderful to meet in the foothills of the Acropolis, but we feared that those attending would have been too distracted by all the magnificent sites to be explored! Our idea therefore was to make you feel that you are on holiday in a resort with one of the most phenomenal views in the world, whilst being invited to work tirelessly – and of course to make new friends at the same time. We have thus sought to combine business with pleasure and we believe that in so doing, our purpose will be achieved. I look forward to seeing you in Athens. Jean-Serge Rohart President Comité Maritime International 3 A ML eek e Gr of th dent e Presi Welcome Message from th 4 It is a great pleasure for me to invite you to the 39th International CMI Conference in Athens. Our Maritime Law Association is particularly proud to host the Conference in Greece for the second time after 1962. We chose to hold the Conference in October in order to enjoy the mild and pleasant weather and avoid the turmoil of the high season. The Conference will be held at the Astir Palace resort in Vouliagmeni which offers splendid conference facilities in a unique site of the Greek capital. The Conference will address important and current issues of maritime law, particularly in the matter of limitation of liability and related procedural rules as well as the problem of places of refuge, a subject with high environmental importance. The current developments in the maritime trade, the increase in the size of ships and the continuing significance of carriage by sea, evidenced by the flourishing freight market, set out new challenges in maritime law. The CMI must maintain its leading role in dealing with such challenges and in the drafting of legislation that will ensure a unified approach worldwide. I am confident that the participation of as many delegates as possible to the Athens Conference will ensure that the legal texts that will be drafted will be of the high standard expected from our organization. We are therefore looking forward to welcoming you in Athens in October 2008 and to offering you our Greek hospitality. Professor Anthony Antapassis President of the Hellenic Maritime Law Association 5 s t c e b j s u e e n c C o n f e r I/ Overview of the Conference Subjects CMI Conferences every 3-4 years are always major events for maritime law. The 39th CMI Conference in Athens will deal with some of the most important contemporary issues of maritime law and will contribute to its further promotion and unification . The presentation of the draft UNCITRAL Convention on Carriage of Goods just after the planned approval of the draft by UNCITRAL Commission and Congress in July 2008 will be of universal interest. The work on the Places of Refuge for Ships in Distress will provide the basis for solving perhaps the thorniest modern issue on marine pollution from ships. The preparation of Guidelines for the Procedural Rules Relating to Limitation of Liability in Maritime Law will be a positive contribution to the international harmonization in this area of law. Other subjects include (a) Promotion of Quality Shipping by Non-Technical Measures; (b) Implementation of Maritime Conventions relating to Limitation of Liability; (c) Wreck Removal Convention -2007; (d) Ship Recycling; (e) Charterers’ Right to Limit Liability; and (f) International Recognition of Judicial Sales of Ships. II/ A Preview of the Main Subjects of the Conference 1. Places of Refuge This is perhaps the hottest contemporary issue relating to the protection of the marine environment from pollution by ships. When a vessel in distress needed a port of refuge, traditionally entry was granted at the nearest port. In recent years, however, the entry of a distressed ship in a port may well present an environmental risk for the port and the nearby area, while human life may be saved without the entry into the port. Whether the port state may and/or must grant or deny entry to a ship in distress is a delicate decision environmentally, politically and legally in present times. The issue attracted intense international interest after a series of incidents involving refusal of port entry to ships in distress culminating with the sinking of “Prestige” off the coast of Spain and the extensive oil pollution of the area. The CMI has decided to consider the present status of law and propose a draft instrument to develop into a set of guidelines or even a new convention or a protocol to existing conventions. The Conference in Athens will deal with these issues and will work on the draft instrument. 2. Procedural Rules Relating to Limitation of Liability in Maritime Law International Maritime Conventions, many of which were prepared by and adopted in Conferences organized by the CMI, have contributed considerably to the international unification of maritime law, something important for the ships which move from one jurisdiction to another. s t c j e b s u e n c C o n f e r e Despite this unification, however, there is considerable diversity 6 in the manner in which international maritime conventions have been implemented and applied by State parties. The CMI mindful of its role and duty, pursuant to its Constitution “to contribute by all appropriate means and activities to the unification of maritime law in all its respects” has embarked in an effort to draft guidelines for the harmonization of “Procedural Rules relating to the Limitation of Liability in Maritime Law”.