TABLE OF CONTENTS. PART I - Organization of the CMI

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1 TABLE OF CONTENTS PART I - Organization of the CMI PAGE NO. Constitution 8 Rules of Procedure 34 Guidelines for proposing the appointment of Titulary and Provisional Members 37 Headquarters of the CMI 38 Members of the Executive Council 38 President ad Honorem and Honorary Vice Presidents 43 Functions 44 Member Associations 49 Temporary Members 95 Members Honoris Causa 96 Titulary Members 96 Consultative Members 124 PART II - The work of the CMI VANCOUVER II ADDITIONAL DOCUMENTS FOR THE VANCOUVER CONFERENCE (NOT INCLUDED IN YEARBOOK 2003) A. TRANSPORT LAW Agenda Paper 132 Background Papers 140 Basis of the Carrier s Liability (Article 14), by Francesco Berlingieri 140 Right of Control (Chapter 11), by Karl-Johan Gombrii 147 Jurisdiction and Arbitration (Chapters 15 and 16), by Allan Philip 157 Delivery to the Consignee (Chapter 10), by Gertjan van der Ziel 166 Report on implementation of electronic commerce and transport documents in Ibero-Americans countries, by Luis Cova Arria 175 Summary Report on the 13 th Session of UNCITRAL Working Group III (Transport Law) held in New York 3 rd -14 th May

2 CMI YEARBOOK B. GENERAL AVERAGE Position of A.I.D.E. on the eventual revision of the York-Antwerp Rules Position paper by the International Chamber of Shipping 195 Position paper by the Italian Maritime Law Association 201 C. PLACES OF REFUGE Henrik Ringbom, Places of refuge and environmental liability and compensation, with particular reference to the EU 208 IMO Guidelines on Shipowners Responsibilities in Respect of Maritime Claims 234 Discussion Paper of the International Association of Ports and Harbors (IAPH) 236 D. MARINE INSURANCE The CMI Review of Marine Insurance Report to the 38 th Conference of the CMI Vancouver, E. POLLUTION OF THE MARINE ENVIRONMENT Provisional Programme 262 Proposed revision of the Civil Liability and Fund Convention Review of the international compensation regime Uniform Application of the Conventions, Discussion Paper 263 The International Regime on Liability and Compensation for Oil Pollution Damage Revisited, by Måns Jacobsson 274 Application of the Fund Criteria for the Admissibility of Claims: the Example of the Erika Incident, by Jean-Serge Rohart 286 IOPC Documents Report on the Seventh Meeting of the Third Intersessional Working Group 293 Review of the International Compensation Regime Uniform Application of the Conventions 321 Record of Decisions of the First Session of the Administrative Council 331 F. CRIMINAL ACTS ON THE HIGH SEA Measures to Protect Crews and Passengers against Crimes Committed on Vessels 344 Resolution concerning Criminal Offences on Board Foreign Flag Ships 346 II. CONFERENCE DOCUMENTS A. SPEECHES Opening speech by Patrick Griggs 349 Closing speech by Patrick Griggs 352

3 4 CMI YEARBOOK 2004 B. TRANSPORT LAW Final Report of the Transport Law Committee 355 C. GENERAL AVERAGE The YAR 2004 Presentation by Bent Nielsen and English/French text of YAR D. PLACES OF REFUGE Report of the International Sub-Committee 386 Report of the CMI to IMO 389 E. MARITIME SECURITY Introduction by Frank L. Wiswall, Jr. 394 Mark A.M. Gauthier, The International Ship and Port Facility Security Code (ISPS Code): an overview 395 Calvin M. Lederer, Combating Maritime Terrorism Developments in the Convention on the Suppression of Unlawful Acts Affecting Maritime Navigation 401 F. CRIMINAL OFFENCES Resolution concerning amendment of the SUA (Rome) Convention, G. POLLUTION Comments by Gregory Timagenis 415 H. OFFSHORE Minutes of the Working Group 419 Report of the CMI Working Group on Offshore Mobile Craft 421 I. SALVAGE Implementation of the Salvage Convention 1989, Synopsis by Francesco Berlingieri 422 A Provisional Report by the CMI to IMO 437 J. UNESCO Report of the CMI Working Group on UNESCO Convention on the Protection of Underwater Cultural Heritage 440 K. BAREBOAT CHARTERED VESSELS Report submitted by CMI 441 L. WRECK REMOVAL The compatibility of the draft Convention on Wreck Removal with the existing Maritime Conventions 447

4 CMI YEARBOOK PART III - Status of Ratifications Status of the ratifications of and accessions to the Brussels International Maritime Conventions: - Editor s notes Collision between vessels, 23 rd September Assistance and salvage at sea, 23 rd September Assistance and salvage at sea, Protocol of 27 th May Limitation of liability of owners of sea-going vessels, 25 th August Bills of lading, 25 th August 1924 (Hague Rules) Bills of lading, Protocol of 23 rd February 1968 (Visby Rules) Bills of lading, Protocol of 21 st December 1979 (SDR Protocol) Maritime liens and mortgages, 10 th April Immunity of State-owned ships, 10 th April 1926 and additional Protocol 24 th May Civil jurisdiction in matters of collision, 10 th May Penal jurisdiction in matters of collision or other incidents of navigation, 10 th May Arrest of sea-going ships, 10 th May Limitation of the liability of owners of sea-going ships, 10 th October Limitation of the liability of owners of sea-going ships, Protocol of 21 st December Stowaways, 10 th October Carriage of passengers by sea, 29 th April Nuclear ships, 25 th May Carriage of passengers luggage by sea, 27 th May Vessels under construction, 27 th May Maritime liens and mortgages, 27 th May Status of the ratifications of and accessions to the IMO conventions, in the field of private maritime law: - Editor s notes International convention on civil liability for oil pollution damage (CLC 1969) Protocol of 1976 to the International convention on civil liability for oil pollution damage (CLC Prot 1976) Protocol of 1992 to amend the International convention on civil liability for oil pollution damage, 1969 (CLC Prot 1992) International convention on the establishment of an international fund for compensation for oil pollution damage (Fund 1971) Protocol of 1976 to the International convention on the establishment of an international fund for compensation for oil pollution damage, 1971 (Fund Prot 1976) 518

5 6 CMI YEARBOOK 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) Convention relating to civil liability in the field of maritime carriage of nuclear material (Nuclear 1971) Athens convention relating to the carriage of passengers and their luggage by sea (PAL 1974) Protocol of 1976 to amend the 1974 Athens convention relating to the carriage of passengers and their luggage by sea (PAL Prot 1976) Protocol of 1990 to amend the 1974 Athens convention relating to the carriage of passengers and their luggage by sea (PAL Prot 1990) Protocol of 2002 to the Athens convention relating to the carriage of passengers and their luggage by sea Convention on limitation of liability for maritime claims (LLMC 1976) Protocol of 1996 to amend the Convention on limitation of liability for maritime claims, 1976 (LLMC Prot 1996) International convention on salvage (Salvage 1989) International convention on oil pollution preparedness, response and co-operation, International convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea, 1996 (HNS 1996) 545 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) The United Nations Convention on the carriage of goods by sea, 31 March 1978 (The Hamburg Rules 1978) The United Nations Convention on international multimodal transport of goods, 24 May 1980 (Multimodal 1980) The United Nations Convention on the law of the sea, 10 December The United Nations Convention on conditions of registration of ships, 7 February 1986 (Registration ships 1986) The United Nations Convention on the liability of operators of transport terminals in the international trade, International Convention on maritime liens and mortgages, International Convention on Arrest of Ships, Status of the ratifications of and accessions to UNIDROIT conventions in the field of private maritime law: - UNIDROIT Convention on international financial leasing, APPENDIX Conferences of the Comité Maritime International 557