Lloyd's Maritime and Commercial Law Quarterly

Professor Francis D Rose

Document

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);