tacit acceptance procedure,
9 as was the case in 2000 in respect of the 1992 Civil
Liability and Fund Conventions,
10 and in 2012 in respect of the 1976 Convention on
Limitation of Liability for Maritime Claims (LLMC).
11 This procedure may be used
in the future as regards the 2002 Athens Convention Relating to the Carriage of
Passengers and their Luggage by Sea.
The Legal Committee may be able to assist States in their ratification process, as
has been evidenced by its involvement, in co-operation with the IOPC Funds, in the
preparations for the entry into force of the 2010 Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea (HNS Convention). The Legal Committee could also
play an important role in promoting uniform application of existing conventions. A
good example is the work carried out in 2009 on the issue of insurance certificates
for bareboat chartered ships under the 2001 Convention on Civil Liability for Bunker
Oil Pollution Damage (Bunkers Convention) which resulted in an important IMO
Assembly Resolution on the subject.
12 Furthermore, the Committee could, as in the
past, contribute to finding solutions to important problems that have arisen after the
adoption of a particular convention. An example is the development by the Committee in 2006 of a proposed reservation to the Athens Convention relating to the
carriage of passengers with respect to the difficulties in obtaining insurance cover for
acts of terrorism.
13 It is likely that such issues will also have to be addressed by the
Committee in the future.
It is suggested that other IMO bodies could benefit in their work from input from
the Legal Committee in the elaboration of conventions or on other issues of a legal
character to a larger extent than has been the case in the past. Reference could be
made to the legal advice given by the Legal Committee in April 2018, at the request
of the Facilitation Committee, on the status of the appendices to the FAL
Convention.
14
The Legal Committee has carried out important work in the development of what
is normally known as “soft law” by preparing Guidelines in specific areas of
maritime law. Major examples are Guidelines developed together with ILO, namely
Guidelines on provision of financial security in cases of abandonment of seafarers,
15
Guidelines on shipowner responsibilities in respect of contractual claims for
9 Under the tacit acceptance procedure amendments to a convention are adopted by qualified
majority by the competent IMO Committee. If the adopted amendment is not opposed by a certain
number of States parties within a specified period of time, the amendment will enter into force on a
given date for all States parties, including those that have lodged objections to it.
10 Resolutions LEG.1(82) and LEG.2(82).
11 Resolution LEG.5(99).
12 Resolution A.1055(27).
13 IMO Reservation and Guidelines for implementation of the Athens Convention, LEG.92/13,
paragraph 5.30 and Annex 5.
14 LEG 105/11 Annex 1.
15 Resolution A.930(22).
What Challenges Lie Ahead for Maritime Law?
261
9 as was the case in 2000 in respect of the 1992 Civil
Liability and Fund Conventions,
10 and in 2012 in respect of the 1976 Convention on
Limitation of Liability for Maritime Claims (LLMC).
11 This procedure may be used
in the future as regards the 2002 Athens Convention Relating to the Carriage of
Passengers and their Luggage by Sea.
The Legal Committee may be able to assist States in their ratification process, as
has been evidenced by its involvement, in co-operation with the IOPC Funds, in the
preparations for the entry into force of the 2010 Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea (HNS Convention). The Legal Committee could also
play an important role in promoting uniform application of existing conventions. A
good example is the work carried out in 2009 on the issue of insurance certificates
for bareboat chartered ships under the 2001 Convention on Civil Liability for Bunker
Oil Pollution Damage (Bunkers Convention) which resulted in an important IMO
Assembly Resolution on the subject.
12 Furthermore, the Committee could, as in the
past, contribute to finding solutions to important problems that have arisen after the
adoption of a particular convention. An example is the development by the Committee in 2006 of a proposed reservation to the Athens Convention relating to the
carriage of passengers with respect to the difficulties in obtaining insurance cover for
acts of terrorism.
13 It is likely that such issues will also have to be addressed by the
Committee in the future.
It is suggested that other IMO bodies could benefit in their work from input from
the Legal Committee in the elaboration of conventions or on other issues of a legal
character to a larger extent than has been the case in the past. Reference could be
made to the legal advice given by the Legal Committee in April 2018, at the request
of the Facilitation Committee, on the status of the appendices to the FAL
Convention.
14
The Legal Committee has carried out important work in the development of what
is normally known as “soft law” by preparing Guidelines in specific areas of
maritime law. Major examples are Guidelines developed together with ILO, namely
Guidelines on provision of financial security in cases of abandonment of seafarers,
15
Guidelines on shipowner responsibilities in respect of contractual claims for
9 Under the tacit acceptance procedure amendments to a convention are adopted by qualified
majority by the competent IMO Committee. If the adopted amendment is not opposed by a certain
number of States parties within a specified period of time, the amendment will enter into force on a
given date for all States parties, including those that have lodged objections to it.
10 Resolutions LEG.1(82) and LEG.2(82).
11 Resolution LEG.5(99).
12 Resolution A.1055(27).
13 IMO Reservation and Guidelines for implementation of the Athens Convention, LEG.92/13,
paragraph 5.30 and Annex 5.
14 LEG 105/11 Annex 1.
15 Resolution A.930(22).
What Challenges Lie Ahead for Maritime Law?
261