Lloyd's Maritime and Commercial Law Quarterly
Implementation of maritime Conventions: a review of the methods used
Francesco Berlingieri*
This article provides an extensive and up-to-date review of the various methods used to give effect to international Conventions on maritime law. It analyses the methods of implementation in force in various states, followed by a global evaluation of such methods and a short review of recent cases in which uniform rules have been used, to a greater or lesser extent, in the drafting of domestic legislation.
I. PREAMBLE
Before considering the means of domestic implementation of the Conventions with which this article is concerned,1 it is first necessary to clarity the terminology. The word used in
* President of Honour, CMI.
The Author is grateful for information kindly provided on the laws of the jurisdictions discussed in this article and to acknowledge his indebtedness in the footnotes at the beginning of the relevant jurisdictional sections.
1. The Conventions are familiar and are therefore normally referred to in this article with an abbreviated description. The following is a list of abbreviations used, together with a note of Protocols to Conventions. Manifestly, it depends on individual circumstances whether and to what extent: a Convention has been implemented; one or more of its Protocols has also been implemented; and a Convention or Protocol that has been implemented remains in force.
Arrest Convention 1952: International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships 1952);
Arrest Convention 1999: International Convention for the Arrest of Sea-Going Ships 1999;
Athens Convention: International Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (amended by 2002 Protocol);
Bills of Lading Convention 1924: International Convention for the Unification of Certain Rules Relating to Bills of Lading 1924 (the “Hague Rules”) (amended by Protocols of 1968, constituting the “Hague-Visby Rules”, and 1979);
Bunker Convention: International Convention on Civil Liability for Bunker Oil Pollution Damage 2001;
CISG: United Nations Convention on Contracts for the International Sale of Goods 1980 (Vienna):
CLC 1969: International Convention on Civil Liability for Oil Pollution Damage 1969 (with 1976 Protocol);
CLC 1992: International Convention on Civil Liability for Oil Pollution Damage 1992;
CMR: Convention for the International Carriage of Goods by Road 1956 (with 1978 Protocol);
Collision Convention 1910: International Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels 1910;
Collision Convention 1952: International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision 1952;
COTIF: Convention concerning International Carriage by Rail 1980;
Fund Convention 1971: International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971;
Fund Convention 1992: International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 (with 2003 Protocol);
Hamburg Rules: UN Convention on the Carriage of Goods by Sea 1978;
HNS Convention: International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 2010;
Intervention Convention: International Convention relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties 1969 (with 1973 Protocol); Limitation Convention 1957: International Convention Relating to the Limitation of Liability of Owners of Sea-Going Ships 1957;
LLMC 1976: Convention on Limitation of Liability for Maritime Claims 1976;
MARPOL: International Convention for the Prevention of Pollution From Ships 1973 (with 1978 Protocol); MLM 1926: International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages 1926: MLM 1993: International Convention on Maritime Liens and Mortgages 1993;
Montreal Convention 1999: International Convention for the Unification of Certain Rules for International Carriage by Air 1999;
OPRC: International Convention on Oil Pollution Preparedness, Response and Co-operation 1990;
Rotterdam Rules: UN Convention on the Carriage of Goods Wholly or Partly by Sea 2008;
Salvage Convention 1910: International Convention for the Unification of Certain Rules of Law Respecting Assistance and Salvage at Sea 1910;
Salvage Convention 1989: International Convention on Salvage 1989;
SOLAS: International Convention for the Safety of Life at Sea (1974);
SUA: Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 1988 (with 1988 Protocol);
UNCLOS: UN Convention on the Law of the Sea 1982;
Warsaw Convention: International Convention for the Unification of Certain Rules for the International Carriage by Air 1929;
Wreck Removal Convention: International Convention on the Removal of Wrecks 2007.
LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY
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