International maritime conventions (volume 2) navigation, securities, limitation of liability and jurisdiction informa law from routledge

navigation, securities, limitation of liability and jurisdiction informa law from routledge navigation, securities, limitation of liability and jurisdiction informa law from routledge navigation, securities, limitation of liability and jurisdiction informa law from routledge navigation, securities, limitation of liability and jurisdiction informa law from routledge navigation, securities, limitation of liability and jurisdiction informa law from routledge

I N TE RN ATIONA L MAR I TIME CONV ENTIO NS VOL UM E II: Navigation, Securities, Limitation of Liability and Jurisdiction MARITIME AND TRANSPORT LAW LIBRARY MARITIME AND TRANSPORT LAW LIBRARY International Maritime Conventions Volume Two Navigation, Securities, Limitation of Liability and Jurisdiction by Francesco Berlingieri (2014) Freight Forwarding and Multimodal Transport Contracts 2nd edition by David A Glass (2012) Maritime Law 3rd edition edited by Yvonne Baatz (2014) Marine Insurance Clauses 5th edition by N Geoffrey Hudson, Tim Madge and Keith Sturges (2012) Offshore Contracts and Liabilities by Baris¸ Soyer and Andrew Tettenborn (2014) Pollution at Sea: Law and Liability edited by Baris¸ Soyer and Andrew Tettenborn (2012) Marine Insurance Fraud by Baris¸ Soyer (2014) Contracts of Carriage by Air 2nd edition by Malcolm A Clarke (2012) International Maritime Conventions Volume One The Carriage of Goods and Passengers by Sea by Francesco Berlingieri (2014) International Carriage of Goods by Road: CMR 6th edition by Malcolm A Clarke (2014) The Maritime Labour Convention: International Labour Law Redefined edited by Jennifer Lavelle (2013) Modern Maritime Law, Volume 1: Jurisdiction and Risks 3rd edition by Aleka Mandaraka-Sheppard (2010) (2013) Modern Maritime Law, Volume 2: Managing Risks and Liabilities 3rd edition by Aleka Mandaraka-Sheppard (2013) Carriage of Goods by Sea Land and Air: Uni-Modal and Multi-Modal Transport in the 21st Century edited by Baris¸ Soyer and Andrew Tettenborn (2013) The Law of Yachts and Yachting by Filippo Lorenzon and Richard Coles (2012) Place of Refuge: International Law and the CMI Draft Convention by Eric Van Hooydonk (2010) Maritime Fraud and Piracy by Paul Todd (2010) The Carriage of Goods by Sea under the Rotterdam Rules edited by D Rhidian Thomas (2010) The International Law of the Shipmaster by John A C Cartner, Richard P Fisk and Tara L Leiter (2009) The Modern Law of Marine Insurance edited by D Rhidian Thomas (2009) The Rotterdam Rules: A Practical Annotation by Yvonne Baatz, Charles Debattista, Filippo Lorenzon, Andrew Serdy, Hilton Staniland and Michael Tsimplis (2009) The Evolving Law and Practice of Voyage Charters edited by D Rhidian Thomas (2009) International Carriage of Goods by Road: CMR 5th edition by Malcolm A Clarke (2009) Risk and Liability in Air Law by George Leloudas (2009) War, Terror and Carriage by Sea by Keith Michel (2004) Legal Issues Relating to Time Charterparties edited by D Rhidian Thomas (2008) Port State Control 2nd Edition by Oya Ozcayir (2004) Contracts of Carriage by Land and Air 2nd edition by Malcolm A Clarke and David Yates (2008) Bills of Lading and Bankers’ Documentary Credits 4th edition by Paul Todd (2007) Liability Regimes in Contemporary Maritime Law edited by D Rhidian Thomas (2007) Marine Insurance: The Law in Transition edited by D Rhidian Thomas (2006) Commencement of Laytime 4th edition edited by D Rhidian Thomas (2006) General Average: Law and Practice 2nd edition by F D Rose (2005) Modern Law of Marine Insurance: Volume Two edited by Francis Rose (2002) Commercial and Maritime Statutes edited by Peter Macdonald Eggers and Simon Picken (2002) Bills of Lading: Law and Contracts by Nicholas Gaskell, Regina Asariotis and Yvonne Baatz (2000) Shipbrokers and the Law by Andrew Jamieson (1997) This page intentionally left bank IN TERNATI ONA L M A R I T I M E C O NV EN T I O N S V O L U M E II Navigation, Securities, Limitation of Liability and Jurisdiction F R A N C ES C O BER LIN G IER I Published 2015 by Informa Law from Routledge Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Informa Law from Routledge 711 Third Avenue, New York, NY 10017 Informa Law from Routledge is an imprint of the Taylor & Francis Group, an Informa business © 2015 Francesco Berlingieri The right of Francesco Berlingieri to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 All rights reserved No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers Whilst every effort has been made to ensure that the information contained in this book is correct, neither the author nor Informa Law can accept any responsibility for any errors or omissions or for any consequences arising therefrom Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Berlingieri, Francesco, author International maritime conventions / by Francesco Berlingieri —(Maritime and transport law library) ISBN 978-0-415-71984-1 (hardback) — ISBN 978-1-315-79645-1 (ebook) Maritime law I Title K1150.B47 2013 341.4̖5—dc23 2013038767 ISBN: 978-0-415-71985-8 eISBN 978-1-315-79496-9 Typeset in Plantin By RefineCatch Limited, Bungay, Suffolk CONTENTS Glossary Introduction Table of conventions Table of decisions, directives, regulations, treaties and conversions Table of UK legislation and international legislation Table of cases xix xxi xxiii xxxiii xxxiv xxxvii Volume II Part I Collision Chapter International Convention for the Unification of Certain Rules of Law Relating to Collision between Vessels, 1910 The history of the Convention The scope of application of the Convention 2.1 The type of accidents to which the Convention applies 2.2 Type of ships involved in the collision 2.3 The nationality of the ships 2.4 The waters in which the collision has taken place 2.5 The nationality of the ‘persons interested’ The liability regime 3.1 The various regimes in force prior to the Convention 3.2 The allocation of the burden of proof 3.3 The liability regime under the Convention 3.3.1 The situations in which no liability is conceivable 3.3.2 Unilateral fault 3.3.3 Two or more ships at fault 3.4 The apportionment of damages to ships, their cargoes and other properties in case of common fault 3.5 Joint liability in respect of damages caused by death or personal injury 3.6 A collision caused by fault of a pilot 3.7 Apportionment of the loss in case of limitation of liability Absence of formalities Absence of legal presumptions Limitation periods vii 3 7 11 11 12 12 12 13 14 16 17 19 20 21 23 23 24 25 CONTENTS 6.1 The general rule 6.2 The rule applicable to the right of contribution 6.3 Suspension or interruption of prescription 6.4 Extension of the period of prescription Post-collision obligations The obligations of the contracting parties Relation with other conventions or national laws 25 25 26 26 27 29 30 Chapter International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952 Introduction Scope of application Cases to which the Convention does not apply Courts in which an action may be brought 4.1 Basis of jurisdiction according to the Convention 4.2 Prohibition on bringing further action 4.3 Choice of court agreements Rules of procedure 5.1 Counterclaims 5.2 Actions against other parties to the proceedings 5.3 Exercise of jurisdiction in further actions 31 31 32 32 33 33 35 36 36 36 37 38 Chapter International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952 Introduction Scope of application 2.1 Nature of the event 2.2 Position of the persons involved 2.3 Place where the event has occurred Circumstances in which the flag of the ship is relevant Conflict with other conventions 39 39 39 40 41 41 41 42 Part II Salvage Chapter International Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, 1910 Introduction Scope of application of the Convention 2.1 The nature of the services 2.2 The subject matter of the services 2.3 The place where the services have been rendered 2.4 By whom and to whom the services may be rendered 2.4.1 The nationality of the vessels rendering and receiving the services 2.4.2 Vessels in the same ownership viii 47 47 49 49 49 52 52 52 53 CONTENTS 2.4.3 2.4.4 2.4.5 Ships of war and government vessels Services rendered by the tug to the tow Services rendered by the crew of the vessel in danger or by the pilot 2.4.6 Services rendered from the shore The remuneration due to the salvor 3.1 The notion of remuneration 3.2 The conditions for the entitlement to a remuneration 3.2.1 The notion of danger 3.2.2 The useful result 3.3 The amount of the remuneration 3.4 The allocation of the burden of proof 3.5 When no remuneration is due 3.5.1 Prohibition by the vessel to whom assistance is rendered 3.6 When the terms of the salvage agreement may be challenged 3.6.1 Agreement made under the influence of danger 3.6.2 Agreement vitiated or remuneration too large or too small 3.7 From whom the salvage remuneration is due 3.7.1 The distribution of the remuneration amongst the salvors of the ship in danger 3.7.2 The apportionment of the remuneration amongst the owner and the persons in the service of the salving ship(s) 3.7.3 The apportionment of the salvage remuneration amongst the salvors of a ship in danger and the salvors of human life The obligation to render assistance to persons in danger Limitation of actions Chapter International Convention on Salvage, 1989 Introduction Scope of application 2.1 The geographical scope of application of the Convention 2.2 The nature of the operations to which the Convention applies 2.2.1 The definition of salvage operation and the exclusion of the liability salvage 2.2.2 The definition of ‘vessel’ 2.2.3 The definition of ‘property’ 2.3 The vessels or other property excluded from the scope of the Convention 2.3.1 Platforms and drilling units 2.3.2 State-owned vessels 2.4 The notion of danger ix 53 54 55 56 57 57 59 59 60 61 63 63 63 64 64 65 66 66 66 67 67 68 69 69 71 71 72 72 73 75 76 76 77 79 APPENDIX 8: LLMC CONVENTION, 1976–1996 State after that period shall be bound by an amendment which has been accepted in accordance with paragraph In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later Article The Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument A State which is Party to this Protocol but not a Party to the Convention shall be bound by the provisions of the Convention as amended by this Protocol in relation to other States Parties hereto, but shall not be bound by the provisions of the Convention in relation to States Parties only to the Convention The Convention as amended by this Protocol shall apply only to claims arising out of occurrences which take place after the entry into force for each State of this Protocol Nothing in this Protocol shall affect the obligations of a State which is a Party both to the Convention and to this Protocol with respect to a State which is a Party to the Convention but not a Party to this Protocol FINAL CLAUSES Article 10: Signature, ratification, acceptance, approval and accession This Protocol shall be open for signature at the Headquarters of the Organization from l October 1996 to 30 September 1997 by all States Any State may express its consent to be bound by this Protocol by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or (c) accession Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment Article 11: Entry into force This Protocol shall enter into force ninety days following the date on which ten States have expressed their consent to be bound by it For any State which expresses its consent to be bound by this Protocol after the conditions in paragraph for entry into force have been met, this Protocol shall enter into force ninety days following the date of expression of such consent Article 12: Denunciation This Protocol may be denounced by any State Party at any time after the date on which it enters into force for that State Party Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General 450 APPENDIX 8: LLMC CONVENTION, 1976–1996 A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General As between the States Parties to this Protocol, denunciation by any of them of the Convention in accordance with article 19 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol Article 13: Revision and amendment A conference for the purpose of revising or amending this Protocol may be convened by the Organization The Organization shall convene a conference of Contracting States to this Protocol for revising or amending it at the request of not less than one-third of the Contracting Parties Article 14: Depositary This Protocol and any amendments accepted under article shall be deposited with the Secretary-General The Secretary-General shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument together with the date thereof; (ii) each declaration and communication under article 8, paragraph of the Convention as amended by this Protocol, and article 8, paragraph of the Convention; (iii) the date of entry into force of this Protocol; (iv) any proposal to amend limits which has been made in accordance with article 8, paragraph 1; (v) any amendment which has been adopted in accordance with article 8, paragraph 4; (vi) any amendment deemed to have been accepted under article 8, paragraph 7, together with the date on which that amendment shall enter into force in accordance with paragraphs and of that article; (vii) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (b) transmit certified true copies of this Protocol to all Signatory States and to all States which accede to this Protocol As soon as this Protocol enters into force, the text shall be transmitted by the SecretaryGeneral to the Secretariat of the United Nations for registration and publication in accordance with article 102 of the Charter of the United Nations Article 15: Languages This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic DONE at London this second day of May one thousand nine hundred and ninety-six IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol 451 Appendix 9: Resolution LEG.5(99) Resolution LEG.5(99) adopted by the Legal Committee on 19 April 2012 and notice on Amendments LEGAL COMMITTEE 99th session Agenda item 14 LEG 99/14 24 April 2012 Original: ENGLISH REPORT OF THE LEGAL COMMITTEE ON THE WORK OF ITS NINETY-NINTH SESSION ( .) Consideration of a proposal to amend the limits of liability of the Protocol of 1996 to the Convention on limitation of liability for maritime claims, 1976 (LLMC 96), in accordance with Article of LLMC 96 4.1 The delegation of Australia, on behalf of the 20 co-sponsoring delegations, introduced document LEG 99/4, proposing that the limits of liability set by article 6.1(a) and (b) of LLMC 76/96 be increased by an amount permitted by article In so doing, the delegation emphasized that the proposal did not set an amount by which the limits should be increased, as this was a matter for the LLMC 96 Contracting States to determine 4.2 The delegation of Japan introduced document LEG 99/4/1, providing an inflation rate analysis and a proposal for modest increases in the limits of liability in LLMC 96 The analysis focused on the changes in monetary value during the relevant period as the sole factor that could justify the increase Pursuant to this analysis it proposed raising the limits by not more than 45 per cent 4.3 The delegation of Australia introduced document LEG 99/4/3, containing a consideration of the factors in article 8.5; and a proposal to increase the limits in article by the maximum amount permissible under article 8.6; document LEG 99/4/4, containing an independent analysis, by KPMG, of changes in monetary values which had affected the real value of LLMC 96 limits; and document LEG 99/4/5, containing an analysis of changes in monetary value by reference to the increases in commodity prices Pursuant to this analysis this delegation proposed increasing the limits by 147 per cent, which was the effect of adopting an increase to the limits of per cent per annum on a compound basis, from 1996 to 2012 This would result in the new limits being approximately 2.5 times the current limits, assuming the date of the adoption was used 452 APPENDIX 9: RESOLUTION LEG.5(99) 4.4 The observer delegation of the International Group of P & I Associations (P & I Clubs) introduced document LEG 99/4/6, containing additional information and claims data further to the data previously provided to the Committee 4.5 The observer delegation of the International Chamber of Shipping (ICS) introduced document LEG 99/4/7, commenting on the documents submitted by Japan, Australia and the P & I Clubs; and additional information to facilitate the discussion on any increases to the limits, noting also the principle of ‘shared responsibility’ governing the IMO liability and compensation conventions 4.6 The Secretariat introduced document LEG 99/4/2, containing, in the annex, a draft resolution on the adoption of the amendments to the limits 4.7 The Committee recalled that: • at its ninety-sixth session, it had agreed to a proposal from the delegation of Australia to add a new work programme and planned output for the 2010–2011 biennium to consider amending the limits of liability of LLMC 96, under the tacit amendment procedure; • at its ninety-seventh session, the delegation of Australia provided papers addressing each of the factors listed in articles 8.5 and 8.6 of LLMC 96 and the P & I Clubs provided claims data on incidents where the limits had been exceeded; • by Circular letter No 3136 of December 2010, the Secretary-General, in accordance with article 8.1 of LLMC 96, had circulated a proposal by 20 States Parties to LLMC 96 to increase the limits of liability in article 6.1(a) and (b), to be considered by the Committee at its ninety-ninth session, in April 2012; • the information provided at the ninety-eighth session of the Legal Committee, by the delegation of Australia in document LEG 98/7, contained a historical comparison of past increases in the limits of liability, by reference to the limits of liability in the 1957 International Convention relating to the Limitation of Liability of Owners of Sea-Going Ships, the 1976 LLMC Convention and the 1996 LLMC Protocol; • sixteen years had passed since the limits in LLMC 96 were adopted and, in accordance with the tacit acceptance provisions in article of that instrument, if adopted at this session, they would not enter into force for another three years, that is, in 2015; and • there was wide agreement on the need to review the limits of liability in LLMC 96 in order to ensure the availability of adequate compensation to victims, as well as on the applicability of the tacit amendment procedure to bring any revisions of the limits into force 4.8 The Committee noted the conditions contained in article on the maximum limit of any amendment to the limitation amounts, paragraph 6(b) of which states that: ‘No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the Convention as amended by this Protocol increased by six per cent per year calculated on a compound basis from the date on which this Protocol was opened for signature’; and paragraph 6(c) of which states that: ‘No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the Convention as amended by this Protocol multiplied by three.’ 4.9 There were three factors set out in article 8.5 of LLMC 96 that the Committee should take into account when calculating the amount of the increase, which were the experience of incidents and, in particular, the amount of damage resulting therefrom; changes in monetary values; and the effect of the proposed amendment on the cost of insurance 4.10 There was wide support for an increase in limits, as well as agreement that the date that should be taken into account in calculating the limits should be 2012, this being the date of the adoption of new limits 453 APPENDIX 9: RESOLUTION LEG.5(99) 4.11 Among the views expressed in support of the maximum possible increase were the following: • with respect to the experience of incidents, the focus should be on the amount of damage rather than the number of incidents, per se, especially because article 8.5 does not indicate that the number of incidents shall be taken into account Although the number of incidents was low, the number of claims that exceeded the limits was significant; • regarding changes in monetary value, article 8.5 does not indicate the method of calculation KPMG calculated the changes in monetary values taking into account the average inflation in Contracting States to LLMC, which was 3.1 per cent and worldwide 4.1 per cent; • with respect to the effect of the increase of limits on the insurance, according to information provided by the P & I Clubs, this was not predictable; • although limitation of liability was a long-standing principle in maritime law, it was a privilege, not a right Governments have an obligation to protect the interests of victims of maritime incidents; • it is undesirable for LLMC limits not to keep pace with the real costs of compensating victims This was a particular risk for claims for bunker pollution damage If the LLMC regime does not provide limits that are adequate, coastal States may be tempted to take unilateral action to increase the limits outside of the international regime; • the Japanese proposal was based on calculations only until 2010; however, the date of the adoption would be 2012 and the date of entry into force would be 2015 The limits could not be amended again until 2020 and would be applicable until at least 2023 It might therefore be appropriate to include a cushion to protect against future inflation to prevent the new limits from being immediately out of date; • in the two Norwegian cases: in the Server incident, the difference between expected costs and LLMC 96 limits was US$23 million and in the Full City incident the difference was US$36 million While the principle of limitation of liability was not in question, the limits must be sufficient to meet demands; and • the Polluter Pays Principle is a well-established rule affirming that the costs of the pollution should be covered by those who pollute and that there is no shared liability or risk Therefore, the limits should be increased to the amount that would adequately compensate victims and coastal States for costs incurred in combating pollution damage from bunker spills 4.12 Among the views expressed in support of a modest increase in limits of liability were the following: • on current available information, there appeared to be insufficient justification for the maximum permissible increase; • based on the information provided by the P & I Clubs, the LLMC 96 limits were exceeded, since 2000, only in 10 reported incidents concerning bunker oil pollution claims, amounting to less than two per cent of all reported claims From this data, it was clear that existing limits of liability were generally sufficient, and that only a modest increase could be justified; • the majority of cases where the limits were exceeded were bunker pollution cases; however, the increase of the LLMC 96 limits would not only apply to bunker oil pollution damage but also to other types of damage According to the information provided by the P&I Clubs, the category of non-bunker oil pollution cases where the limits have been exceeded was very small, only three cases between 1996 and 454 APPENDIX 9: RESOLUTION LEG.5(99) 2004 having being reported Therefore, claims for bunker oil pollution damage should not be overemphasized; • taking into account changes in monetary values, the Japanese calculation was reasonable and proved that, from 1996 to 2010, the change amounted to 45 per cent Therefore, the limits of liability should only be increased to the extent necessary to reflect changes in monetary values that had occurred since the last increase in 1996, namely 45 per cent; • although the impact on the cost of insurance could not be quantified, affordable insurance would be available only if the increases in limits were reasonable; and • the limits of liability should be set at such a level so as not to negate the concept of limitation of liability, which is a crucial and fundamental principle of sharing responsibility and risks between all interests The concept of limitation of liability necessarily involves some claims falling beyond the limits, otherwise liability would be unlimited 4.13 Among the views that expressed support for an increase between the maximum increase and the modest increase were the following: • the issue before the Committee was complex and no clear guidance could be drawn from the documentation on the changes in monetary values nor on the impact on the cost of insurance Support was expressed for the calculations in the documents presented by Australia and the assessment on that basis was that the increase should be in the area of four to six per cent per annum in order to retain the value of the limits of LLMC 96; and • there was a need to strike a balance between the different interests, on the one hand the concept of limitation of liability and on the other hand the concept of full indemnity and the Polluter Pays Principle Sufficient and reasonable protection to the claimants should be provided taking also into account that the limits would be applicable for a long time into the future 4.14 Among the other views expressed were the following: • LLMC 96 limits were no longer sufficient for the compensation of bunker oil pollution damage and independent limits for the Bunker Convention should be established; • there was a need for future work in the Legal Committee with the aim of evaluating the correlation between the Bunker Convention and LLMC 96 and exploring appropriate solutions for compensation of bunker oil pollution damage that would not put undue strain on LLMC 96 and its general limits of liability; • the concern was expressed that the Committee was being asked to consider an alternative figure that had not been substantiated through detailed submission for consideration prior to this session of the Committee The Committee had before it only three substantiated options for consideration and, thus, agreeing to any other alternative figure would be arbitrary; • no compelling need to increase the limits had been proved; accordingly, no increase was warranted; and any increase in limits may discourage Governments from acceding to the Convention; and • the Australian proposal was limited only to the increase of limits of liability in article of LLMC 1996; the Committee should also take into account that the Convention contains other limits, namely in article regarding loss of life or personal injury to passengers of a ship and in article for non-IMF members; however, there was no formal proposal to increase these limits The Committee may consider, at its next session, discussing the adjustment of these limits to the new limits agreed at this session and what procedure should be applied 455 APPENDIX 9: RESOLUTION LEG.5(99) 4.15 In light of the above considerations, the Committee supported the modest increase in limits proposed by Japan, adjusted to take into account the year of adoption, namely 2012 This resulted in an increase of 51 per cent 4.16 The Committee adopted the resolution on Adoption of amendments of limitation amounts in the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976, contained in LEG 99/WP.8, with the new limits in the annex thereto This resolution is contained in annex to this report 4.17 Following the adoption of the resolution, the delegation of Australia made a statement, drawing the attention of the Committee to a number of concerns it had regarding the Committee’s approach to the adoption of the increased limits, as well as the need for clarification of the role of non-contracting States when amendments of the limits are being considered With regard to the latter, the delegation strongly recommended that this be clarified in the future The statement is contained in annex to this report ( .) ANNEX Resolution LEG.5(99) (Adopted on 19 April 2012) Adoption of amendments of the limitation amounts in the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976 The legal committee at its ninety-ninth session, Recalling article 33(b) of the Convention on the International Maritime Organization (hereinafter referred to as the ‘IMO Convention’) concerning the functions of the Committee, Mindful of article 36 of the IMO Convention concerning rules governing the procedures to be followed when exercising the functions conferred on it by or under any international convention or instrument, Taking into consideration article of the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (hereinafter referred to as the ‘1996 LLMC Protocol’) concerning the procedures for amending the limitation amounts set out in article of the 1996 LLMC Protocol, Having considered amendments to the limitation amounts proposed and circulated in accordance with the provisions of article 8(1) and (2) of the 1996 LLMC Protocol, Adopts, in accordance with article 8(4) of the 1996 LLMC Protocol, amendments to the limitation amounts set out in article of the 1996 LLMC Protocol, as set out in the annex to this resolution; Determines, in accordance with article 8(7) of the 1996 LLMC Protocol, that these amendments shall be deemed to have been accepted at the end of a period of 18 months after the date of notification unless, prior to that date, not less than one-fourth of the States that were Contracting States on the date of the adoption of these amendments have communicated to the Secretary-General that they not accept these amendments; 456 APPENDIX 9: RESOLUTION LEG.5(99) Further determines that, in accordance with article 8(8) of the 1996 LLMC Protocol, these amendments deemed to have been accepted in accordance with paragraph above shall enter into force 18 months after their acceptance; Requests the Secretary-General, in accordance with article 14(2)(a)(v) of the 1996 LLMC Protocol, to transmit certified copies of the present resolution and the amendments contained in the annex thereto to all States which have signed or acceded to the 1996 LLMC Protocol; Further requests the Secretary-General to transmit copies of the present resolution and its annex to the Members of the Organization which have not signed or acceded to the 1996 LLMC Protocol ANNEX Amendments of the limits of liability in the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 Article of the 1996 LLMC Protocol is amended as follows: in respect of claims for loss of life or personal injury, the reference to: – ‘2 million Units of Account’ shall read ‘3.02 million Units of Account’; – ‘800 Units of Account’ shall read ‘1,208 Units of Account’; – ‘600 Units of Account’ shall read ‘906 Units of Account’; – ‘400 Units of Account’ shall read ‘604 Units of Account’; in respect of any other claims, the reference to: – ‘1 million Units of Account’ shall read ‘1.51 million Units of Account’; – ‘400 Units of Account’ shall read ‘604 Units of Account’; – ‘300 Units of Account’ shall read ‘453 Units of Account’; – ‘200 Units of Account’ shall read ‘302 Units of Account’ ANNEX Statement by Australia regarding amendment of the limits of liability in the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976 In the interests of consensus, Australia accepts the majority view expressed by the members of the Committee under agenda item regarding the increase to the limits of liability under article 6.1(a) and 6.1(b) of LLMC 96 However, Australia wishes to express a number of concerns regarding the approach of the Committee to that issue This is because the approach taken by the Committee at this meeting could set a precedent for future amendment of the limits under LLMC 96, especially as this was the first time that the amendment procedure in article of LLMC 96 has been used Australia also notes that a number of other Conventions contain amendment provisions which are expressed in the same or similar terms as those in article of LLMC 96, including the Civil Liability Convention 1992, the 1992 Fund Convention, the HNS Convention and the Protocol of 2002 to the Athens Convention 457 APPENDIX 9: RESOLUTION LEG.5(99) The focus of much of the Committee’s consideration concerned changes in monetary values As Australia noted, there is no guidance in LLMC 96 on the methodology to be used to measure changes in monetary value During the consideration of agenda item 4, the majority of delegations that spoke favoured the proposal put forward by Japan Japan’s proposal relied on the use of a ‘trimmed weighted’ measure of CPI to calculate changes in monetary value, yet there was a lack of transparency in the methodology employed by Japan in their calculations In particular, the way they ‘trimmed’ CPI figures, and the GDP figures they used for ‘weighting’ Consequently, this made independent verification of their calculations problematic Further, there was little or no consideration by the Committee as to whether the Japanese methodology was the appropriate one to use Australia also considers that there should be clarification about the role of non-Contracting States when amendment of the limits is being considered Article 8.5 of LLMC 96 refers to the Legal Committee acting on a proposal to amend the limits of liability However, Article 8.4 provides that amendments shall be adopted by a two-thirds majority of Contracting States to LLMC 96 present and voting During the consideration of the proposal to amend the limits, a number of non-Contracting States made interventions and expressed views as to the amount by which the limits should be increased While Australia agrees that a clear majority of States present in the Committee supported the level of increase proposed by Japan, there was a significant number of Contracting States to LLMC 96 that supported a higher level of increase In Australia’s view, it was by no means clear that if the issue had gone to a vote, there would have been a twothirds majority of Contracting States to LLMC 96 voting in favour of the increase proposed by Japan Australia considers that the provisions of LLMC 96 regarding the role of non-Contracting States in adoption of increases to the limits are ambiguous and unclear Australia strongly recommends that this be clarified for the future before further increases to the limits in LLMC 96 are considered, or before increases in the limits under other Conventions which contain the same or similar amendment provisions are considered Finally, a number of delegations questioned the continued appropriateness of linking the limits under the Bunkers Convention to those under the LLMC and whether alternatives might be more appropriate Australia considers that this is a matter that warrants further investigation by the Committee 458 INDEX abandoned ships 292 accidental collision 15, 16 accidents or incidents of navigation other than collision 8–9, 40, 143–4, 256 agency fees, brokerages or commissions 297 air-cushion vehicles 356 Albania 279 allision 144 Amoco Cadiz accident 69, 90, 96 arbitration: arrest of vessels 248, 262, 265–7, 326; collision 20; salvage: interim payments 122–3; salvage: publication of awards 124–5 archaeological objects 81–3, 120 Argentina 219 arrest of sea-going ships: 1952 Convention 279; arrest, notion of 199–200, 231; burden of proof 221–3; charter by demise 227–32, 244–6; claims in respect of which ship may be arrested 209–23; (claims): agreement relating to use or hire of ship 212; (claims): bottomry 213; (claims): carriage of goods 212; (claims): construction, repair or equipment 216–17; (claims): damage caused by any ship 211; (claims): disputes between co-owners 218–20; (claims): dock charges and dues 217; (claims): general average 213; (claims): goods or materials whenever supplied 213–16; (claims): loss of life or personal injury 211–12; (claims): master’s disbursements 218; (claims): mortgage or hypothecation of any ship 220–1; (claims): pilotage 213; (claims): salvage 212; (claims): title to or ownership of any ship 218; (claims): towage 213; (claims): wages 41, 217–18; history 197–9; jurisdiction for arrest 246–58; jurisdiction on the merits 267–73; release of ship 232, 259–68; reservations 201–2; scope of application 71, 199–202; scope of application: excluded measures 202–9; ships that may be arrested 200, 223–46; (ships): claim by owner of chartered ship against charterer 233–9; (ships): not owned by person liable 226–32; (ships): re-arrest and multiple arrest 239–46; (ships): in respect of which claim has arisen or sister ship 223–6; wrongful arrest, liability of claimant for 267 arrest of ships: 1952 Convention see arrest of sea-going ships; collision and civil jurisdiction 34–5; Collision Convention 1910: extension of prescription period 26–7; law costs due to state 141; maritime liens 156, 161, 171, 172, 181–2, 226–7, 229, 230; salvage 122, 212, 289–90; seizure and 187–8, 202, 242–3 arrest of ships: 1999 Convention: arrest, notion of 280–2; burden of proof 314–15; claims in respect of which ship may be arrested 287–98; (claims): agreement relating to use or hire of ship 293; (claims): carriage of goods or passengers 293; (claims): co-owners 297; (claims): commissions, brokerages or agency fees 297; (claims): contract for sale of ship 298; (claims): disbursements 295–6; (claims): dues and charges 294–5; (claims): general average 293; (claims): good, materials, provisions, bunkers, equipment 294; (claims): insurance premiums 296; (claims): loss or damage caused by operation of ship 289; (claims): loss of life or personal injury 289; (claims): mortgages or hypothèques 298; (claims): ownership or possession 297; (claims): preventative measures to avoid pollution damage 290–2; (claims): (re)construction, repair, converting or equipping 294; (claims): salvage 173, 289–90; (claims): sunk, wrecked, stranded or abandoned ships 292; demise charterer 300–2; enforcement of arrest 315–16; excluded ships 283–7; history 274–9; intended navigation 282–3; jurisdiction for arrest 312–14; jurisdiction on the merits 323–6; layout and structure 280; nationality of ships that may be arrested 282; parties 279; recognition and enforcement of judgments 326–8; release of security 320–2; release of ship from arrest 316–20; sea-going or not 282–3; ships that may be arrested 299–311; (ships): associated ships 307–9; (ships): not owned by person liable 307; (ships): other ships owned by person liable 306; (ships): re-arrest and multiple arrest 309–11; (ships): in respect of which claim is asserted 299–306; wrongful arrest, liability for 322–3 assistance: obligation to render assistance to persons in danger 67–8, 88, 98; post-collision obligations 27–9, 41, 88 459 INDEX associated ships, arrest of 307–9 Australia 235–6, 237–8 bank guarantees 260 bankruptcy 241, 259–60, 285; see also insolvency proceedings bareboat registration 190–3 Belgium 33, 140 bills of lading 212, 237, 254, 265, 293, 332, 352, 362–3; maritime liens and mortgages 133, 137; negligence clause 19 Bolivia 278, 279 bottomry 139, 144, 145, 213, 220 Brazil 149 brokerages, commissions or agency fees 297 burden of proof: claim for which arrest is applied for 221–3, 314–15; collision 5, 12–13; limitation of liability: 1957 Convention 342, 343–4; maritime liens 148; salvage 63 Cameroon 279 Canada 260 cas fortuit: 1910 Collision Convention 15, 16 CEMAC (Communauté Economique et Monétaire de l’Afrique Centrale) 279 Central African Republic 279 certificates of competence to seamen 42 Chad 279 charges, registrable 166–7, 298, 302–3; see also mortgages: 1993 Convention China 278, 279 choice of court agreements: collision 36 civil jurisdiction: collision 31–8 co-owners: arrest of ships and disputes between 218–20, 238, 258, 297–8 collective bargaining agreements 148 collision: 1910 Convention: accidents covered (collision need not have taken place) 7–8; apportionment of damages 5, 17–20; burden of proof 5, 12–13; death or personal injury 6, 19–21; formalities, absence of 5, 23–4; history 3–7; language, official 7; liability regime 12–23; limitation of liability 23, 30; limitation periods 25–7, 156–7; no liability conceivable 14–16; non-observation of regulations 8; obligations of contracting parties 29, 88; parties to 32; personal injury or loss of life 6, 19–21; pilots 19, 21–3; post-collision obligations 27–9, 41; presumptions, absence of legal 24–5; prior liability regimes 12; relation with other Conventions or national laws 30; scope of application 7–11, 32, 71; two or more ships at fault 17–19; unilateral fault 16–17 collision: civil jurisdiction (1952 Convention) 31; cases to which Convention does not apply 32–3; choice of court agreements 36; counterclaims 36–7; courts in which action may be brought 33–6; parties to 31; place of collision 35; prohibition on bringing further action 35–6; rules of procedure 36–8; scope of application 32 collision: penal jurisdiction (1952 Convention) 39; circumstances in which flag relevant 41–2; conflict with other Conventions 42–3, 256–7; nature of event 40; parties to 39; place where event occurred 41; position of persons involved 41; scope of application 39–41 collision: arrest of ships 211, 228–9, 230, 231, 269; maritime liens and indemnities for collision or other accident of navigation 143–4 Colombia 278, 279 commissions, brokerages or agency fees 297 Communauté Economique et Monétaire de l’Afrique Centrale (CEMAC) 279 conflict between Conventions 42–3, 147, 256–7 Congo 279 consent 181, 186, 187, 191, 192, 260; deregistration of vessels 169–70 containers/container ships 57, 60, 119–20, 143, 174, 215, 289, 294, 347, 376 corporate veil, piercing 307–9 Costa Concordia accident 61, 107, 377 court, payment into 260 crew 219–20; abandoned ship (by owners) 292; arrest of ships 41, 217–18, 220, 295; collision: 1910 Convention 11, 13, 23, 28, 41; collision: civil jurisdiction (1952 Convention) 33, 34; collision or other incidents of navigation: penal jurisdiction (1952 Convention) 41, 42; criminal proceedings 42; disciplinary proceedings 42; employment contract see separate entry; maritime liens 142, 144, 148, 152, 158, 172–3, 177–8, 182; salvage 52, 55–6, 59–60, 66–7, 71, 116 criminal jurisdiction: collision and other incidents of navigation (1952 Convention) 39–43, 257–8 cruise/passenger ships 142, 172, 377 cultural heritage, underwater 81–3, 120 damages: arrest of ships 232, 245; collision 5, 15, 17–21, 23, 33, 37; maritime liens 150; precontractual 298; salvage: pollution 88; salvor’s misconduct 119; wrongful arrest, liability of claimant for 267 death: arrest of ship 211–12, 289; collision: 1910 Convention 6, 19–21; maritime liens 173, 177, 178 Denmark 251, 252, 255 disbursements: arrest of ships 210, 218, 295–6; maritime liens 145; remuneration due to salvor 58, 59, 105, 113 disciplinary proceedings 41–2 dishonest conduct: salvage 118–19 dock/harbour/port dues and charges 142, 149, 173–4, 217, 218, 294, 295 drilling units 76–7 droit de suite 146, 159–61, 178, 180–1 Ecuador 278, 279 ejusdem generis 287, 317 employment contract: arrest of ships 41, 217–18, 220, 295; limitation of liability, claims excepted 460 INDEX from 341, 342, 368–9; maritime liens 142, 148, 152, 158, 172–3, 177–8, 182; salvage: services rendered by crew of vessel in danger 55–6; salvors 116 environment: arrest of ships 291–3; detention of ships by governments or public authorities 205, 206, 208–9; salvage: protection of 85, 87, 88, 90, 91–2, 93, 94–8, 103–4, 109–14, 116, 118; see also pollution damage Equatorial Guinea 279 Erika accident 98 European Union: collision and death or personal injury 21; detention of ships by governments or public authorities 206, 208–9; forced sale and change of registration 190; foreign order of arrest, enforcement of 251–2; jurisdiction 34; jurisdiction for arrest 251–2, 255, 256–7; oil tankers 208–9; salvage: places of refuge 107 exclusive economic zone 71; arrest of ships 206; wrecks 83–4 Finland 250, 252, 255 fisheries 290 floating platforms 75, 76–7, 356 force majeure: arrest 321; collision 15, 16 forced sale 162, 234, 261; arrest of sea-going ships: 1952 Convention 202, 244–5; arrest of ships: 1999 Convention 286; maritime liens and mortgages: 1926 Convention 141, 159; maritime liens and mortgages: 1993 Convention 167, 169, 171, 175, 180, 181, 182, 183–90, 193 formalities: collision and absence of 5, 23–4; maritime liens 160–1 France 33, 50, 75, 96–7, 138, 140; arrest of ships 226, 248, 268; maritime liens 142, 144, 151, 152, 161, 182; part-ownership of ship 219 fraud: salvage 65, 118 Gabon 280 gages 139 general average: arrest of ships 213, 228, 237–8, 293, 308; limitation of liability: 1957 Convention 177, 343; limitation of liability: 1976/1996 Convention 366; maritime liens 143, 150, 173, 177–8 Germany 33; maritime liens 144–5, 151, 152, 153–4 governments or public authorities: detention of ships by 203–9, 284–5 Greece 253 habitual residence or place of business: arrest 200–1, 244, 269, 283; collision 34 harbour/dock/port dues and charges 142, 149, 173–4, 217, 218, 294, 295 hazardous and noxious substances 104, 174, 209 health and safety: detention of ships by governments or public authorities 205, 206–7, 208; see also environment; pollution damage heritage, underwater cultural 81–3, 120 High Speed Craft, International Code of Safety for (HSC Code) 207 historical objects 81–3, 120 history: 1910 Collision Convention 3–7; arrest of sea-going ships: 1952 Convention 197–9; arrest of ships: 1999 Convention 274–9; limitation of liability: 1957 Convention 331–3; limitation of liability: 1976/1996 Convention 353–4; maritime liens and mortgages: 1926 and 1993 Conventions 131–4, 162–4 Hong Kong 234 hotels 291 humanitarian cargoes: payment for salvage services 126–7 hypothecation 139, 220 hypothèques see mortgages immunity of state-owned ships 9, 147, 165, 284 incidents or accidents of navigation other than collision 8–9, 40, 143–4, 256 indemnities: maritime liens 143–6 India 278 information: collision: 1910 Convention 28–9; maritime liens 160–1; notice of forced sale 184–6; publication of arbitral awards 124–5; registers open to public 167, 168; salvage 93, 124–5 inland navigation, ships of: arrest of ships 282–3; collision 8–9, 32; maritime liens and mortgages 135, 166; salvage 51–2 insolvency proceedings: arrest of ships 202–3, 285 insurance 173, 216, 278, 295, 296 interest: right of salvor to 124 interim payments: salvage 78, 122–3 International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) 208 International Ship and Port Facility Security Code (ISPS Code) 207 International Tribunal for the Law of the Sea 206 interpretation of treaties 228; ordinary meaning of terms 231 Italy 135–6, 140; arrest of ships 250, 252, 255; maritime liens 144, 161, 182; part-ownership of ship 219 joint and several liability 372; collision 5, 7, 19–21; salvage 65–6, 108–9, 121 jurisdiction: Admiralty Court 242; for arrest 246–58; collision: 1952 Convention on civil 31–8; collision or other incidents of navigation: 1952 Convention on penal 39–43; maritime liens and mortgages 165; on the merits 267–73; salvage 78; territorial waters 165 jurisdiction for arrest: 1952 Convention 246; after ship has sailed 251; authorised by judicial authority 246–8; authorised by judicial authority of contracting state in which arrest made 248–50; before arrival of ship 250–1; choice of judicial authority 252; exclusive jurisdiction: 1952 Convention on Penal 461 INDEX Jurisdiction and UNCLOS 256–7; foreign court, arrest pursuant to order of 251–2; lis pendens 257–8; no jurisdiction on the merits and 253–4; ports form part of coast 249; ships ready to sail 249, 250; when court has jurisdiction on the merits but ship not within jurisdiction 254–5; when decision on the merits already obtained 255 jurisdiction for arrest: 1999 Convention 312–14 jurisdiction on the merits: 1952 Convention 267–73; jurisdiction for arrest when no 253–4 jurisdiction on the merits: 1999 Convention: exceptions to general rule 325; general rule 323–5; time by which proceedings on merits must be brought 325–6 Latvia 280 liability salvage, exclusion of 72–3 life, loss of: arrest of ship 211–12, 289; collision: 1910 Convention 6, 19–21; maritime liens 173, 177, 178 limitation of liability: 1957 Convention 154; arrest of ships 203; burden of proof 342, 343–4; claims where benefit of limitation applicable 337–41; collision caused by pilot: 1910 Convention 22–3; direct liability principle 341; excepted form limitation, claims 341–2; history 331–3; limitation fund, constitution of 347–8; limitation fund, distribution of 348–52; limits of liability 346–7; loss of right to limit 342–5; maritime liens 177–8, 334; persons entitled to limit 334–6; reservations allowed by Protocol of signature 352; scope of application 333–4; ships to which applicable 336; single and cross liability 341 limitation of liability: 1976/1996 Convention 154; aggregation of claims 380; arrest of ships 203, 285, 286; bar to other actions 385–7; claims where benefit of limitation applicable 362–6; collision caused by pilot: 1910 Convention 22–3; excepted from limitation, claims 366–9; history 354–5; intended navigation 282–3; invoking limitation of liability 380–5; limitation without constitution of fund 387–8; limits of liability 372–80; loss of right to limit 369–72; maritime liens 177–8; persons entitled to limit 360–1; reservations 388–90; scope of application 71, 354–60; scope of application: exclusions from 355–60; single liability principle 366 limitation periods: assistance 68; collision 25–7, 156–7; extension of 26–7, 158–9; maritime liens 155–9, 160, 161, 178–9, 181–2; salvage 68, 123–4 lis pendens 257–8 maritime liens: and arrest of ships 156, 161, 171, 172, 181–2, 226–7, 231, 278, 301, 302, 304–6; salvage: 1989 Convention 120–1 maritime liens: 1926 Convention 41; categories of claims secured by 140–5, 213–14, 215; countries in force in 134; droit de suite 146, 159–61; expenses incurred to preserve vessel or procure sale 141–2; extinction of 155–9; forced sale 141, 159; history 131–4; indemnities 143–6; language, official 134; law costs due to state 141; national 146, 160–1; properties on which can be enforced 147–51; ranking of claims inter se and in respect of hypothèques 146, 152–4; sale of vessel 141, 159–61; scope of application 134–8 maritime liens: 1993 Convention 295; bareboat registration 192; claims secured by 171–4; claims set out in Art 4(1) not secured by 174; droit de suite 178, 180–1; extinction of 178, 181–2; forced sale 169, 171, 175, 180, 181, 182, 183–90; history 162–4; national maritime liens and rights of retention 178–80; parties to 164; priorities, extent to which limitation proceedings may affect 177–8; priority of Convention maritime liens and of registered securities 175–6, 192; ranking inter se 176–7; rule pursuant to which maritime liens travel with claims 182–3; scope of application 165; vessels to which applies 165–6 misconduct of salvor, effect of 118–19 mortgages 279; arrest of ships 220–1, 260, 298, 302–3; extinction period for maritime liens 155, 157, 159 mortgages: 1926 Convention; countries in force in 134; forced sale 159; history 131–4; provisions on 138–40; ranking of claims secured by maritime liens inter se and in respect of hypothèques 146, 152–4; scope of application 134–8 mortgages: 1993 Convention; bareboat registration 190–3; change of registration of vessel 169–71; forced sale 167, 171, 183–90, 193; history 162–4; parties to 164; priorities, extent to which limitation proceedings may affect 177–8; priority of Convention maritime liens and of registered securities 175–6, 192; provisions of hypothèques, charges and 166–71; ranking of registered securities inter se 168–9; registrable charges 166–7; scope of application 165, 166–7; vessels to which applies 165–6 multiple arrest see re-arrest nationality of interested persons: collision 11, 42; collision or other incidents of navigation: disciplinary or criminal proceedings 41–2; limitation of liability 71, 335, 355; maritime liens and mortgages 138; salvage 52–3, 71 nationality of ships 71; arrest 71, 197, 200, 249, 282, 320–1; change of registration 169–71, 180–1, 190; collision 9–10, 32, 71; conditions for registration 171; maritime liens 135–6, 165, 180–1, 190, 192; mortgages 135–6, 165, 169–71, 190–3; salvage 52–3, 71, 116 neglect: salvage 118 negligence: collision 19; salvage 114 Netherlands 33, 216, 229, 235, 237 462 INDEX Nigeria 250, 252, 255 Norway 229, 250, 252, 255 notice of forced sale 184–6 nuclear damage 174 oil tankers 69, 72–3, 121, 174, 208–9 ordinary meaning of terms 231 ownership of ship, arrest of ship in respect of dispute as to 218, 233–4, 258–9, 297, 304 P & I Club 279; letter of undertaking 260 passenger/cruise ships 142, 172, 379 penal arrest of ships 203 penal jurisdiction: collision and other incidents of navigation (1952 Convention) 39–43, 256–7 pension contributions 218 perpetuatio jurisdictionis 251 personal injury: arrest of ship 211–12, 289; collision: 1910 Convention 6, 19–21; maritime liens 173, 177, 178; maritime liens and indemnities for 144 Peru 278, 279 pilots/pilotage: arrest of ships 213, 238, 294; collision 19, 21–3; maritime liens and dues 142, 173–4; pollution damage 41; salvage 55 place of business or habitual residence: arrest 200–1, 244, 269, 283; collision 34 platforms 75, 76–7, 358 pollution damage 69, 174; CLC Convention 1992 41, 71, 84–5, 111–12, 209, 285–6; salvage: rights of coastal states 94–5; seaworthiness of vessels to avoid 205; see also environment Port State Control: IMO Procedures for 205; Memorandum of Understanding (MoU) 204–5 port/harbour/dock dues and charges 142, 149, 173–4, 217, 218, 294, 295 ports/places of refuge 97–8, 106–7 possession of ship, arrest of ship in respect of disputes as to 237–8, 258, 297, 304 possessory liens 179, 180 posterior potior est priori 152 prescription periods see limitation periods Prestige accident 98 presumptions, collision and absence of legal 24–5 pretius succedit in locum rei 150 public authorities 293; detention of ships by 203–9, 284–5; salvage operations controlled by 80–5 public service see state-owned ships re-arrest and multiple arrest: 1952 Convention 238–9; prohibition of re-arrest 239–40; remedy in case of breach of prohibition 241; situations in which re-arrest permitted 241–6 re-arrest and multiple arrest: 1999 Convention 39–11 recognition and enforcement of judgments 326–8 refuge, ports/places of 97–8, 106–7 registrable charges 166–7, 298, 302–3; see also mortgages: 1993 Convention registration 165; bareboat 190–3; change of 169–71, 180–1, 190; mortgages, hypothèques and charges 167, 168; see also nationality of ships release of security: 1999 Arrest Convention 320–2 release for ship from arrest: 1952 Convention 232, 257–8; bail or other security 258–60; failure to bring timely proceedings on the merits 262–7; linkage between proceedings for arrest and proceedings on the merits 260–1 release for ship from arrest: 1999 Convention 316–20 repairers, ship 228; rights of retention 84, 162, 169, 176, 178, 179–80, 184, 186, 188, 294 res judicata 36 respondentia 139, 213, 220 retention, rights of 84, 162, 169, 176, 178, 179–80, 184, 186, 188, 294 Rhine River 32–3, 270 Roman law 150, 152, 154 Russian Federation 248, 279 safety and health: detention of ships by governments or public authorities 205, 206–7, 208; see also environment; pollution damage sale of ship: arrest of ships and dispute arising out of contract for 299; forced sale see separate entry; maritime liens 159–61, 169, 178, 179; mortgages, hypothèques or charges 169–71 salvage: arrest of ship 122, 212, 229, 230, 231, 237, 269, 289–90; maritime liens 142–3, 150–1, 173, 177–8 salvage: 1989 Convention 69–70, 143, 368–9; abnormal amount of reward 87–8; assistance, duty to render 88, 98; claims and actions 120–7; cultural heritage 81–3, 120; danger, notion of 79–80; definition of property 75–6; definition of salvage 72–3, 143; definition of vessel 73–4; duties of owner and master 92–4; duties of salvor 90–2; excluded vessels or other property 76–9; geographical scope 71; humanitarian cargoes 126–7; interest 124; interim payments 122–3; liability salvage, exclusion of 72–3; limitations of actions 123–4; mandatory provisions 86, 87–9; maritime liens 120–1; non-mandatory provisions 86, 89; parties to 70; performance of salvage operations 90–8; provisions that not concern relationship between salvors and owners 86, 89–90; public authorities, salvage operations controlled by 80–5; publication of arbitral awards 124–5; salvors, rights of see separate entry; scope of application 71–80; security, duty to provide 121–2; state-owned cargoes 125–6; states, rights and cooperation of 94–8; undue influence of danger 87 salvage and assistance: 1910 Convention 47–8, 143, 344; amount of remuneration 61–3; apportionment of remuneration 66–7; assistance to persons in danger, obligation to render 27, 67–8; burden of proof 63; by whom and to whom services may be rendered 52–7; challenging terms of salvage agreement 64–5; 463 INDEX conditions for entitlement to remuneration 59–60; danger, notion of 59–60; from whom salvage remuneration is due 65–6; language 48; limitation of actions 68; nature of services 49; no remuneration due 63; persons, salvage of 62, 67; place 52; remuneration due to salvor 41, 57–67; scope of application 49–57; subject matter of services 49–52; ‘things on board’ 52, 57; useful result 60 salvors, rights of (1989 Convention) 88; apportionment between owner, master and crew 116; apportionment between salvors 115–16; by whom reward must be paid 108–9; conditions for reward 98–9; criteria for fixing reward 85, 88, 100–8; fair rate for equipment and personnel 112–14; misconduct of salvor, effect of 118–19; out-of-pocket expenses 112, 113; persons, salvage of 116–17; prohibition of salvage operations 119–20; SCOPIC Clause 114–15; services rendered under existing contracts 117–18; special compensation 109–14, 116–17, 143 SCOPIC Clause 114–15 sea-going ships: arrest of sea-going ships: 1952 Convention see separate entry; arrest of ships: 1999 Convention 282–3; collision: 1910 Convention 8–9, 11; collision: civil jurisdiction (1952 Convention) 32; limitation of liability: 1957 Convention 3386; limitation of liability: 1976/1996 Convention 358–9; maritime liens and mortgages: 1926 Convention 135; maritime liens and mortgages: 1993 Convention 165–6; meaning 9, 166, 336; salvage and assistance: 1910 Convention 51–2 seaworthiness of vessels 205 security 156, 182, 202, 203, 232; release of ship from arrest upon bail or other 258–60; salvage 120–2, 177 seizure and arrest 187–8, 202, 242–3 severance pay 218 shipbuilders: rights of retention 84, 162, 169, 176, 178, 179–80, 184, 186, 188, 294 Singapore 233 single ship companies 308 sister ship arrest provision 223–6, 233–7, 243, 244 Slovenia 251, 252, 255, 279 social insurance 172–3, 218, 295 solicitors 260 Spain 75, 219, 251, 252, 255 state-owned cargoes: salvage 125–6 state-owned ships 126, 284; collision 9; immunity 9, 147, 165, 284; maritime liens and mortgages 135, 147, 165; salvage 53–4, 77–9, 89 subrogation 182–3, 241, 283; objective 150 sunken ships 143, 175, 189, 212, 292, 339, 361; 1910 Salvage Convention 50; 1989 Salvage Convention 74, 75, 76, 107 Sweden 251, 252, 255 Switzerland 33 taxation: maritime liens 142, 149 territorial sea 71, 83, 84, 156, 165; arrest of ships 249–5 time limits 265; assistance 68; collision 25–7, 156–7; deregistration of vessels 170; forced sale 185; International Ship Security Certificate 207; maritime liens 155–9, 160, 161, 178–9, 181–2; salvage 68, 123–4 title to ship, arrest of ship in respect of dispute as to 218, 237–8, 258 tonnage dues 142, 149, 204 towage: arrest of ships 213, 238, 295; salvage 54–5, 60, 117–18 treaty interpretation 228; ordinary meaning of terms 231 undue influence of danger: salvage 87 UNESCO: underwater cultural heritage 81–3, 120 United Kingdom: arrest of ships 197, 199–200, 213, 214, 215–16, 217–18, 219, 221, 233–4, 235–6, 237, 244, 254, 260, 272–3; collision 22, 23, 29, 33; maritime liens 145, 152; salvage 55, 62, 80, 104, 106, 123–4; state-owned ships 285; towage and salvage 55 United States: allision 144; arrest of ships 197; collision 12, 14, 16, 24–5, 27, 29; salvage 77, 78, 108, 125 Venezuela 278–9 wages: arrest of ships 41, 217–18, 220, 295; maritime liens 142, 148, 152, 158, 172–3, 177–8, 182 warships: collision 9; definition 147; maritime liens and mortgages 135, 147, 165; salvage 53–4, 77–8 wrecks 173, 189, 292, 339, 361; 1910 Salvage Convention 50; 1989 Salvage Convention 74, 75, 76, 82, 120; Nairobi Convention 83–4; UNESCO Convention 82, 120 wrongful arrest, liability of claimant for: 1952 Convention 267 wrongful arrest, liability for: 1999 Convention 323–4 464 ... E II: Navigation, Securities, Limitation of Liability and Jurisdiction MARITIME AND TRANSPORT LAW LIBRARY MARITIME AND TRANSPORT LAW LIBRARY International Maritime Conventions Volume Two Navigation,. .. Duties of the salvor and of the owner and master 5.1.1 Duties of the salvor 5.1.2 Duties of the owner and master of the vessel in danger and of the owner of other property in danger 5.2 Rights and. .. liability – – International Convention Relating to the Limitation of Liability of Owners of Sea-going Ships, 1957 International Convention on Limitation of Liability for Maritime Claims, 1976 and Protocol