CELEBRATING 30 YEARS IN THE SERVICE OF THE RULE OF INTERNATIONAL MARITIME LAW Editor: Ms. Elda Kazara-Belja Email: [email protected] Special thanks to: Professor David Attard, Mr. Juvenal J M Shiundu, Professor Norman Martínez Gutiérrez, Dr. Buba Bojang, Dr. Ángeles Jiménez García-Carriazo, Ms. Sabina Doliċ, Ms. Josephine Aquilina, Ms. Sivylla Ampatzoglou, Ms. Claudette Camilleri and Ms. Ewa Maj CELEBRATING 30 YEARS IN THE SERVICE OF THE RULE OF INTERNATIONAL MARITIME LAW Published by the IMO International Maritime Law Institute with the support of the IMO Technical Cooperation Division Foreword by Mr. Kitack Lim (IMO Secretary-General) 2 t gives me great pleasure to write the Foreword to this publication which celebrates 30 years of success of the IMO International Maritime Law Institute (IMLI). IThe Institute, established by the International Maritime Organization (IMO) in 1988, has taken its place in the elite of international educational centers and, through its quality and unique training, it has become a cornerstone of IMO’s Technical Cooperation Programme. As the United Nations (UN) specialized agency responsible for developing and providing the regulatory regime to ensure that the world’s oceans are safe and secure, while facilitating trade and safeguarding the marine environment, IMO has been successful in adopting a multitude of instruments which govern the maritime sector and allow it to thrive. We are nevertheless fully aware that IMO’s success can only be measured against the effective implementation and enforcement of these instruments. To effectively incorporate international instruments into domestic legislation, specialized national expertise is crucial. Therein lies indeed the raison d’être of IMLI. IMLI was set up thanks to the wisdom and foresight of its founding fathers, who realized that the uniform application of international rules required skilled and duly qualified human resources at a national level. IMLI was thus established in Malta, through an agreement between the Government of Malta and IMO, to bridge the gap between the adoption of international treaties and regulations and their adequate implementation and enforcement by their State Parties. 3 Despite its humble beginnings, today, we take great solutions, for a more effective and sustainable oceans pride in IMLI’s tremendous achievements. Since its governance regime in the future. The three Volumes of the inception, the Institute has equipped over 1,000 maritime IMLI Treatise in Global Ocean Governance, published in professionals from 146 States and territories with the 2018 by Oxford University Press, have become a significant necessary skills to serve their countries and the global reference source for those involved in the field. maritime community. I cannot stress enough how vital Furthermore, the joint programme IMLI offers with IMLI has become in the efforts of IMO and its Member the World Maritime University is providing training which States, especially developing countries, to generate national is designed to ensure the future sustainability of the world’s expertise for the adequate incorporation and effective oceans in accordance with the UN 2030 Agenda. This implementation of IMO instruments in the domestic laws unique programme will continue to generate the cadre of of its Member States. experts who will be instrumental in the drafting of policies Moreover, as IMO is actively working towards the and laws that reflect the latest international initiatives, rules UN 2030 Agenda for Sustainable Development and the and regulations. associated Sustainable Development Goals (SDGs), it gives I am aware that all these achievements would not have me great satisfaction to witness IMLI’s full commitment in been possible, firstly, were it not for the foresight of IMLI’s providing the means towards the realization of the SDGs, founding fathers, namely IMO Secretary-General Emeritus through its intensive education, training and research the late Dr. C.P. Srivastava, Dr. Joseph M. Fenech, former agenda. Parliamentary Secretary for Maritime and Other Affairs The Institute’s policy to reserve 50 per cent of the places of Malta, and Professor David Attard, who realized the to deserving female candidates was innovative in 1988 and importance of setting up the Institute. Secondly, IMLI’s is re-affirmed 30 years after its establishment. Visionary accomplishments would not have been possible without for its time, this policy has ensured that quality education the support of many other people, to whom I wish to is accessible equally to qualified men and women and, in express my sincere gratitude. My appreciation also goes to empowering female professionals to become part of the the Government of Malta, which has hosted IMLI since maritime industry and leave their indelible mark in both its inception and supported it throughout its existence. I the academic and shipping world, has contributed to the am indebted to the IMO Secretaries-General Emeriti for promotion of gender equality. I note with pride that many their sterling work in ensuring that the Institute fulfills of the Institute’s female alumnae are highly regarded in the its mandate and serves proudly the rule of international maritime world and are playing a vital role in ensuring the maritime law. My sincere appreciation goes to all the success of the maritime sector. distinguished personalities who have served and continue Taking an active role in ocean governance, the Institute to serve as Members of the Institute’s Governing Board, - with the generous funding of The Nippon Foundation - its Academic Committee, the Financial and Human undertook major research on the limitations of the current Resources Committee, as well as the many visiting fellows fragmented ocean governance regime to provide tangible who have contributed to the Institution’s success. 4 I am also grateful to the Institute’s donors who, for I hope that we will continue in this voyage together for decades, believed in its global mission and contributed the benefit of the Institute and the international maritime through the provision of generous fellowships that have community. enabled students to complete their studies at IMLI and My last words, however, are reserved for this return home to contribute to the development of the commendable Institute’s alumni. Whether you are serving maritime sector. in your government administrations, commercial industries, And, to the dedicated IMLI academic and administrative or in international organizations, keep in mind the staff, past and present, I wish to thank you for your hard Institute’s teachings when you discharge your responsibility work and relentless efforts to make the Institute rise to the in decision-making roles. Your dedicated work will enable highest standards. We owe to you a great debt of gratitude safe and secure shipping to grow and drive the economies for imparting knowledge, accommodating the needs of the of both developing and developed countries. The Institute IMLI students and serving as the platform from which has equipped you with the knowledge and skills to draft many successful stories have been launched. I would also national maritime policies and laws to implement the IMO like to thank all the contributors to this publication who treaties which aim to ensure better shipping for a better have shared their thoughts on and experience with IMLI. future. Congratulations and long live IMLI! 5 PREFACE Serving the Rule of International Maritime Law y ‘IMLI voyage’ started years before I was which would incorporate the IMO regimes. At that stage appointed in 1992 as the Director of the IMO I pointed out that Malta had a long-standing tradition in International Maritime Law Institute (IMLI). maritime law as reflected in the contributions of notable MIt has been an exciting and rewarding journey which maritime lawyers who had gained international fame: commenced with a fateful meeting on 11 September 1987. John Colombos, who read law at the University of Malta On that day I was invited to speak, together with the then and was the author of the first manual on the law of the IMO Secretary-General Dr. Chandrika Prasad Srivastava, sea in the 1950s, and Arvid Pardo who was the Permanent at a conference entitled ‘Pacem in Maribus’. I took the Representative of Malta at the United Nations and whose opportunity to discuss with the Secretary-General the ideas led to the adoption of the 1982 United Nations challenges facing international maritime law particularly Convention on the Law of the Sea. I suggested that Malta the rules on ship safety and security. At the time I was could organise training programmes in international advising the Maltese Government on its maritime policy maritime law and legislation drafting. This proposal was to establish Malta as a maritime centre of excellence. As immediately supported by Dr. Fenech who offered all his part of this process the Government was rewriting the assistance in the implementation of the said programmes. Merchant Shipping Act in order to attract shipowners to This eventful meeting had a catalytic effect. The Secretary- the Maltese Flag. I advised the Government that any future General undertook to organise training programmes in maritime legislation had to take into account the relevant Malta if Dr. Fenech would provide the necessary premises IMO prescriptions. In this respect I was recommending and accommodation to train twenty lawyers per year. In a the incorporation into the new legislation of the said rules. few weeks, Dr. Fenech identified IMLI’s current premises. It was therefore most fortunate that I was able to discuss Plans were sent to Secretary-General Srivastava and my ideas with Dr. Srivastava who was remarkably generous approval arrived soon thereafter. Dr. Fenech commenced and understanding with his time and advice. Being the necessary construction works, and the Secretary- very impressed by the Secretary-General’s wisdom and General engaged me to advise him on the project. dedication, I felt it was important that he should meet Dr.