TABLE OF CONTENTS. Richard Shaw to 2013, Eulogy by Patrick Griggs 3
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1 TABLE OF CONTENTS PAGE NO. Richard Shaw to 2013, Eulogy by Patrick Griggs 3 PART I - ORGANIZATION OF THE CMI Constitution 16 Rules of Procedure 42 Guidelines for proposing the election of Titulary and Provisional Members 45 Headquarters of the CMI 46 Members of the Executive Council 46 Honorary Officers 52 Standing Committees 53 International Working Groups 54 Member Associations 56 Provisional Members 110 Members Honoris Causa 111 Titulary Members 112 Consultative Members 138 PART II THE WORK OF THE CMI DUBLIN SYMPOSIUM Shelbourne Hotel, 29 September-1 October 2013 [The slides of all presentations may be found on SPEAKER S PRESENTATIONS CASUALTIES / LIABILITIES IN THE OFFSHORE SECTOR The Commune De Mesquer Case, by Vincent Power 148 The Prestige in the U.S. Courts, by Carlos Llorente 174 Is there a place for the regulation of offshore oil platforms within international maritime law? If not, then where?, by Rosalie Balkin 179 LIMITATION OF LIABILITY CMI commentary and list of issues for consideration of future work, by Helen Noble 188
2 CMI YEARBOOK MARINE INSURANCE The prospective reform of marine insurance law in the UK, by D. Rhidian Thomas 198 YOUNG LAWYERS Limitation of liability Cutting cables and breaking limitation, by David Kavanagh 206 An overview of the Maritime Labour Convention 2006 and its implications for modern shipping, by Darren Lehane 211 A legal analysis of the limitation of liability of classification societies, by Denise Micallef 223 Salvors liability for professional negligence, by Mišo Mudrić 242 Proceedings in rem in Spanish law. Searching for your strongest position, by F. Javier Zabala 259 HAMBURG CONFERENCE Hamburg and Berlin (add-on) June 2014 [Audio visual recordings of all presentations and speakers slides are available at the Download Centre of the Conference website at or on the CMI site at ] CONFERENCE DOCUMENTS Opening Speech, by Hubert Weis 267 MARITIME DEBT RESTRUCTURING SHIPFINANCE, CROSS-BORDER INSOLVENCY AND WRONGFUL ARREST LIABILITY OF CLASSIFICATION SOCIETIES & PIRACY The liability of classification societies Some practical issues, by Henning Jessen 275 Wrongful arrest of ships: A case for reform, by Aleka Mandaraka Sheppard 282 Piracy and legal issues arising from the use of armed guards An overview, by Kiran Khosla 308 German legislation regarding private maritime security companies A blueprint for other nations?, by Dieter Schwampe 316 General review of the rules on general average From Beijing to Hamburg: the work done so far, by Taco van der Valk 321 Liability of Classification Societies Current status and past CMI initiatives, by John Hare 323
3 10 CMI YEARBOOK 2014 SHIPS IN COLD WATER ARCTIC ISSUES EXAMINED The Polar Code Ships in cold water Arctic issues examined, by Tore Henriksen 332 Polar Load Lines for maritime safety: A neglected issue in the international regulation of navigation and shipping in arctic waters?, by Aldo Chircop, Nicoló Reggio, David (Duke) Snider, Bert Ray 345 Civil liability (for oil pollution) in polar marine environments, by Lars Rosenberg Overby 357 A MARITIME MISCELLANY Ship Emissions Changes Driven by New Regulations, by Peter Hinchliffe 368 The Wreck Removal Convention Current status and issues, by Klaus Ramming 372 Loss of the right to limit under Argentine maritime law, by Eduardo Adragna 377 Recklessness with knowledge, by Duygu Damar 380 Recklessly and with knowledge in Japanese law, by Gen Goto 384 Recklessly and with knowledge that damage would probably result: the interpretation of term before the Croatian Courts, by Mišo Mudrić 388 INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA The International Tribunal for the Law of the Sea and the settlement of disputes relating to maritime matters, by Philippe Gautier 400 MAINTAINING MARITIME LAWS The new Brazilian commercial code, by Camila Mendes Vianna Cardoso 408 Maritime law reform in Japan, by Tomotaka Fujita 413 Maintaining maritime laws: An overview of the recent law reform in Spain, by Jesús Casas 420 ASSEMBLY DOCUMENTS Report of the International Working Group on Cross-Border Insolvency, by Chris Davis 426 Report of the International Working Group on the Fair Treatment of Seafarers, by Olivia Murray 428 Report of the International Working Group on General Average, by Taco van der Valk 431 Report of the International Working Group on Judicial Sale of Ships, by Henry Hai Li 433
4 CMI YEARBOOK Report of the International Working Group on Marine Insurance Rules, by Dieter Schwampe 434 Report of the International Working Group on Offshore Activities, by Patrick Griggs 439 Report of the International Working Group on Polar Shipping Issues, by Aldo Chircop 441 Piracy update, by Andrew Taylor 447 Report of the International Working Group on the Rotterdam Rules, by Tomotaka Fujita 450 Report on Young CMI, by Taco van der Valk 452 Report of the Ad Hoc Committee on the role of the CMI, by Elizabeth Burrell 454 PART III STATUS OF RATIFICATIONS Status of the ratifications of and accessions to the Brussels International Maritime Law Conventions Editor s notes 459 Collision between vessels, 23 rd September, Assistance and salvage at sea, 23 rd September, Protocol to amend the international convention for the unification of certain rules of law relating to Assistance and salvage at sea, 23 rd September, Limitation of the liability of owners of sea-going vessels and protocol of signature, 25 th August Bills of lading and protocol of signature Hague Rules 1924, 25 th August Visby Rules, 23 rd February SDR Protocol, 21 st December Maritime liens and mortgages, 10 th April Immunity of State-owned ships, 10 th April Civil jurisdiction, 10 th May Penal jurisdiction in matters of collision and 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 of 10 October 1957, 21 st December Stowaways, 10 th October
5 12 CMI YEARBOOK 2014 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 503 Civil liability for oil pollution damage hydrocarbures (CLC 1969), 29 November Civil liability for oil pollution damage, 19 November Civil liability for oil pollution damage, 1969, 27 November Intervention on the high seas in cases of oil pollution casualties, 1969, 29 November Intervention on the high seas in cases of pollution by substances other than oil, 1973, as amended, 2 November Establishment of an International Fund for compensation for oil pollution damage, 18 December Establishment of an International Fund for compensation for oil pollution damage, 19 November Establishment of an International Fund for compensation for oil pollution damage, 27 November International Convention on the Establishment of an International Fund for compensation for oil pollution damage, 1992, 16 may Maritime Carriage of nuclear material (NUCLEAR 1971), 17 December Athens Convention relating to the Carriage of passengers and their luggage by sea, 13 December Athens Convention relating to the Carriage of passengers and their luggage by sea, 19 November Athens Convention relating to the Carriage of passengers and their luggage by sea, 29 March Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, 1 November Limitation of Liability for maritime claims, 19 November Limitation of Liability for maritime claims, 1976, 2 May Salvage, 1989, 28 April Oil pollution preparedness, response and co-operation 1990, 30 November Protocol on preparedness, response and co-operation to pollution incidents by hazardous and noxious substances, 2000, 15 March
6 CMI YEARBOOK Liability and Compensation for damage in connection with the carriage of hazardous and noxious substances by sea, 1996, 3 May Civil Liability for Bunker Oil Pollution Damage, 2001, 23 March Suppression of unlawful acts against the safety of maritime navigation, 1988 (SUA 1988), 10 March Suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, 1988 (SUA PROTOCOL 1988), 10 March Convention for the suppression of unlawful acts against the safety of maritime navigation (SUA 2005), 14 October 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 572 Code of Conduct for liner conferences, 6 April Carriage of goods by sea, 31 March International multimodal transport of goods, 24 May United Nations Convention on the Law of the Sea (UNCLOS 1982), 10 December Registration of ships, 7 February The Liability of operators of transport terminals in the international trade, 19 April Maritime liens and mortgages, 1993, 6 May Arrest of Ships, Status of the ratifications of and accessions of UNESCO Conventions UNESCO Convention on the Protection of the Underwater Cultural Heritage 582 Status of the ratifications of and accessions to UNIDROIT conventions in the field of private maritime law: UNIDROIT Convention on international financial leasing, Conferences of the Comité Maritime International 585
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