that the ship will realize a greater sale price to the benefit all interested parties,
including creditors and the shipowner. Consequently, the draft Convention would
promote the smooth and efficient flow of trade and a reduction in the risks associated
with such trade.
29
In accordance with past practice, the CMI submitted the draft Convention to IMO
for consideration by its Legal Committee.
30 Since the CMI has the status with IMO
of a non-governmental organisation, it does not have the possibility to itself present
formal proposals for matters to be included in the Committee’s work programme, so
the CMI’s submission was sponsored by the People’s Republic of China and the
Republic of Korea. The draft Convention was examined by the Legal Committee in
June 2016.
Against the background of the Resolutions adopted by the IMO Assembly
mentioned above which establish criteria for the adoption of new conventions,
31
the Legal Committee considered that a compelling need for such a convention had
not been established. For this reason, the Committee did not accept to include this
subject in its work programme.
32
In view of the position taken by IMO, the CMI approached UNCITRAL
suggesting that it might be interested in developing a convention dealing with this
issue. In June 2018 UNCITRAL decided to take up Cross-border issues relating to
the Judicial Sale of Ships on its work programme as one of its two priority subjects,
and a Working Group was given the mandate to study the issues involved.
33
5 Future Challenges in the Light of Developments
in Shipping
It is submitted that, as a result of developments within the shipping industry,
solutions will have to be found to a number of legal issues in two areas, namely
shipping in the polar regions and the emergence of unmanned ships.
29 With regard to the work resulting in the draft convention see Bleyen (2016).
30 Proposal to add a new output to develop a new instrument on foreign judicial sales of ships;
document submitted to the IMO Legal Committee by China, the Republic of Korea and the CMI;
LEG103/11/3, dated 5 April 2016. The draft Convention is reproduced in Annex I to that document.
See also Lux (2015), p. 287.
31 See note 8 above.
32 LEG103/14 paragraph 11.15.
33 Report of UNCITRAL on its 51st session, document A.73/17 paragraph 252.
266
M. Jacobsson
including creditors and the shipowner. Consequently, the draft Convention would
promote the smooth and efficient flow of trade and a reduction in the risks associated
with such trade.
29
In accordance with past practice, the CMI submitted the draft Convention to IMO
for consideration by its Legal Committee.
30 Since the CMI has the status with IMO
of a non-governmental organisation, it does not have the possibility to itself present
formal proposals for matters to be included in the Committee’s work programme, so
the CMI’s submission was sponsored by the People’s Republic of China and the
Republic of Korea. The draft Convention was examined by the Legal Committee in
June 2016.
Against the background of the Resolutions adopted by the IMO Assembly
mentioned above which establish criteria for the adoption of new conventions,
31
the Legal Committee considered that a compelling need for such a convention had
not been established. For this reason, the Committee did not accept to include this
subject in its work programme.
32
In view of the position taken by IMO, the CMI approached UNCITRAL
suggesting that it might be interested in developing a convention dealing with this
issue. In June 2018 UNCITRAL decided to take up Cross-border issues relating to
the Judicial Sale of Ships on its work programme as one of its two priority subjects,
and a Working Group was given the mandate to study the issues involved.
33
5 Future Challenges in the Light of Developments
in Shipping
It is submitted that, as a result of developments within the shipping industry,
solutions will have to be found to a number of legal issues in two areas, namely
shipping in the polar regions and the emergence of unmanned ships.
29 With regard to the work resulting in the draft convention see Bleyen (2016).
30 Proposal to add a new output to develop a new instrument on foreign judicial sales of ships;
document submitted to the IMO Legal Committee by China, the Republic of Korea and the CMI;
LEG103/11/3, dated 5 April 2016. The draft Convention is reproduced in Annex I to that document.
See also Lux (2015), p. 287.
31 See note 8 above.
32 LEG103/14 paragraph 11.15.
33 Report of UNCITRAL on its 51st session, document A.73/17 paragraph 252.
266
M. Jacobsson