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39th Conference of the Comité Maritime International
Opening speech by Efthimios E. Mitropoulos, Secretary-General, International
Maritime Organization, Athens, 12 October 2008
Minister, Excellencies, President of the Comité Maritime International,
President of the Greek Maritime Law Association, Chairman of the organizing
committee, Distinguished guests and participants, Ladies and gentlemen,
I am delighted to be with you this evening and to have the opportunity to address
one of the most venerable, august and distinguished of all the many international
organizations in the maritime field. The Organization I represent here, IMO,
is only 60 years old, which, compared with CMI, which was formally established
as long ago as 1897, makes us a mere stripling. And, while CMI is to be congratulated
on its longevity, perhaps the most impressive thing about it is its continuing
relevance in today's modern maritime world. As all effective and meaningful
organizations are able to do, CMI has managed to adapt its mission and its structures
to reflect changing times and new demands. This is no easy task and you should
be heartily congratulated for that.
CMI and IMO have often pursued similar objectives and the two organizations
have been able to build a mutually beneficial working relationship. The formation
of IMO's Legal Committee, in 1967, provided perhaps the most seismic of the
many changes in the landscape of maritime law to which CMI has had to respond.
It ushered in the era in which IMO has taken on the role of organizing diplomatic
conferences in several legal fields affecting shipping, a role in which CMI
had previously had a heavy involvement.
This brought the two Organizations much closer, with our Legal Committee providing
a natural channel through which co-operation between CMI and IMO could be fostered.
As a result, a long and fruitful relationship of collaboration between us has
been established and the contribution of CMI to the development of many, if
not most, of IMO's legal instruments has been invaluable.
Your conference this week will give you the opportunity not only to promote
and further maritime law and to listen to experts in many different fields,
but also to meet friends and make new contacts. You have a packed agenda and
the main topics that you have chosen to discuss will be of great interest for
anyone currently dealing with maritime law - most certainly for IMO.
Your Conference will devote a good deal of its time to two issues that are of
considerable interest to IMO. The first of these, Places of Refuge for Ships
in Distress, has, for some considerable time, been very high on IMO's agenda
in a number of its committees and sub-committees. Indeed, the notion of providing
refuge for ships in distress was first raised at IMO in the late 1980s, during
the Legal Committee's consideration of the draft provisions of the International
Convention on Salvage, which was adopted in 1989.
The need
to review the issues surrounding the requirement for places of refuge was later
included in a list of measures aimed at enhancing safety and minimizing the
risk of oil pollution, drawn up by our Maritime Safety Committee, in December
2000, in response to the tanker Erika sinking, off the Atlantic Ocean
coast of France, in December 1999. Further urgency to the work was added in
the aftermath of the incident involving the tanker Castor which, in December
2000, developed a structural problem in the Mediterranean Sea. This led IMO
to undertake, as a matter of priority, a global consideration of the problem
of places of refuge for disabled vessels. The November 2002 sinking, in the
Atlantic Ocean off the coast of Spain, of the tanker Prestige further
highlighted the issue and, in November 2003, the IMO Assembly adopted a resolution,
accompanied by meticulously drafted all-embracing Guidelines, addressing the
issue of places of refuge for ships in distress - an important step in improving
maritime safety and helping to protect the marine environment.
Our Legal
Committee was very much involved in all these discussions, in which the CMI
also took an active role.
A second
issue to be addressed by your Conference relates to the harmonization of implementation
measures. In this respect, the maritime legal framework, within which most countries
operate, is defined by a series of international treaty instruments, most of
which have been developed through IMO - a process, which has long been recognized
as the only effective way to regulate such an international industry as shipping,
particularly one in which the prime physical assets, i.e. the ships themselves,
continually move from one jurisdiction to another.
Despite this
unification, however, there remains considerable diversity in the manner in
which international maritime conventions have been implemented and applied by
States parties and, in particular, by their courts, leaving the interpretation
of key provisions unclear and leading, in many cases, to the undesirable practice
of "forum shopping". The importance of your efforts to draft guidelines
for the harmonization of procedures in one area, the "Procedural Rules
relating to the Limitation of Liability in Maritime Law", is, therefore,
acknowledged with appreciation and I have every confidence that the Conference
will provide an excellent opportunity to make substantive progress in this regard.
Turning now
to the third of the major topics on your agenda, CMI has worked extensively
with the United Nations Commission on International Trade Law on the drafting
of the UNCITRAL Convention on Carriage of Goods, which was approved in July
this year. The presentation, analysis and discussion of this instrument promise
to be a highlight of this Conference and a topic of almost universal interest
within the field of maritime law.
The other
issues to occupy the time of your Conference are no less important nor less
interesting. Among them, I would highlight the Promotion of Quality Shipping
by Non-Technical Measures; the Implementation of Maritime Conventions Relating
to Limitation of Liability; the 2007 Nairobi International Convention on the
Removal of Wrecks; and the Recycling of Ships. And I have no doubt that, when
the Legal Committee meets in a week's time to discuss a possible protocol to
the International Convention on Liability and Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances by Sea, the CMI will actively
participate in the debate. I very much look forward to that.
Ladies and
gentlemen, I note from the conference programme that one of your continuing
objectives is to entice younger individuals into the CMI and, more generally,
into the profession of maritime law. This finds a strong echo in the efforts
currently being undertaken by the shipping industry - with my full support -
to attract a new generation of seafarers; and I appreciate the opportunity to
share with you my thoughts on such a crucial issue.
There is
a crucial need to bring new, young recruits into the industry. Shipping may
be the global delivery mechanism that underpins world trade and on which billions
of people depend for their survival and prosperity; but if the global pool of
competent, properly qualified, certified and efficient seafarers is to meet
the predicted demand, then seafaring must be seen as a viable career choice
for people of the right calibre. The employment conditions for seafarers must
be at least comparable to those found in other industries. By paying attention
to details of seafarers' training, welfare, pay, living conditions, job security,
job satisfaction and prospects for career advancement, the attractiveness of
seafaring as a profession, in what today has become a very competitive and international
employment market, can and must be improved.
Shipping
needs to be seen as an interesting, appealing and practicable option for school
and college leavers. It must be able to provide a career path that matches the
aspirations of the ambitious and capable young people that it so urgently needs
to attract and retain. I hope that you, as close partners in a fascinating and
dynamic industry will go out and spread the word. The world's seafarers are
the unrecognized heroes of the modern, global economy. The prosperity of billions
of people depends on efficient and effective sea transport. These unsung people,
from Master to deck hand, from all corners of the world, operate today's complex,
high-tech ships every hour of every day of the year. Without them, international
trade would simply come to a halt.
However,
in order to attract young people to, and retain existing seafarers in, the maritime
profession, we need, in addition to helping them obtain high professional qualifications,
to help instil in them a feeling of security and protection: against undue criminalization,
against denying them shore leave and, in these days, against the menace of pirates
when sailing off the coast of Somalia and in the Gulf of Aden.
As an aside,
and in the context of new recruits to the profession of maritime law, it gives
me great pleasure to address, every year, in my capacity as Chairman of the
Governing Board of the International Maritime Law Institute, based in Malta,
the graduation ceremony at IMLI and to welcome a fresh influx of new recruits
to the profession. I would be delighted to see some of them among your ranks
when I next address a CMI gathering.
Ladies and
gentlemen, perhaps it is because the CMI Conferences are convened only every
three to four years that they are always such major events for the maritime
law profession. In this case, by coming back to Athens, 46 years after you last
held your conference here, you return to a city, and a country, that enjoy a
very special relationship with the sea and all matters maritime - both in the
domestic and the international fields. Indeed, as I said just a couple of weeks
ago at the World Maritime Day parallel event, which was celebrated here in Athens
at the invitation of the Greek Government and with the presence of the Greek
Prime Minister, there can be few countries in the world in which shipping is
so solidly rooted and so much a part of the national consciousness as it is
here in Greece - a country steeped in maritime tradition, where shipping is,
almost literally, in the blood. The only question I have for you about your
choice of venue is "Why has it taken so long for you to come back?"
And, on that
note, may I conclude by wishing you every success in what I am certain will
be a lively and challenging 39th CMI Conference.
Thank you.
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