IMO 418E-1973 Official Records of the International Legal Conference on Marine Pollution Damage 1969.pdf

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1、 First published in 1973 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment. London SE1 7SR Printed in the United Kingdom by Ashford Press 4 6 8 10 9 7 5 3 ISBN 92-80 1 - 1025-X I IMOPUBLICATION I I Sales number: IMO-418 1 NOTE: The name of the Organization as it appears in this publicat

2、ion was changed to “International Maritime Organization“ by virtue of amendments to the Organization Convention which enrered into force on 22 May 1982. Copyright 0 IMO 1973 OFFICIAL RECORDS of the International Legal Conference on Marine Pollution Damage, 1969 IMO London, 1973 TABLE OF CONTENTS Int

3、roduction . Part I - Plenary Documents List of Participants . List of Documents . Provisional Agenda Descriptions of major incidents of marine pollution by oil (Secretariat) Committee Structure of the Conference (Secretariat) Working Papers Draft Articles on Civil Liability for Oil Pollution Damage

4、(Statement by the International Union for Conservation of Nature and Natural Resources) Damage (United States) (United Arab Republic) Draft Convention on Civil Liability for Oil Pollution Draft Resolution and Amendment to draft Resolution Draft Resolution (Brazil, Canada, india, Liberia) Proposal to

5、 amend Article I of Convention on Civil Proposal to amend the Public Law Convention Liability (France) . (Australia, Canada, Guatemala, Indonesia, Ireland, Libya, Netherlands, New Zealand, Poland, Spain, Syria, United Arab Republic) . Report of the Committee of the Whole on Final Clauses . Report of

6、 Committee of the Whole II - Private law Proposed amendment to Article III of draft Articles on he Right of a Coastal State to Intervene when a Casualty which causes or might cause Pollution of the Sea by Oil occurs on the High Seas (Romania) Proposed amendment to Article V of Civil Liability Conven

7、tion (Netherlands) Proposal to amend Public Law Convention (Belgium, Federal Republic of Germany, France, Guatemala, Netherlands and Norway) Proposed amendment to Article VI11 of Public Law Convention (Belgium, Federal Republic of Germany, France, Netherlands and Norway) Proposed amendment to Articl

8、e X of Civil Liability Convention (Swedenj Page 7 9 11 27 35 3555 56 -58 59 60,61 61 62 62 63 69 71 72 72 73 73 2 Resolution (India) . . . . . . . . . . . . . Proposed amendment tidraft Article I of Civil Liability Convention (Federal Republic of Germany) . . Proposed amendments to Articles II, VI1

9、and IX of Civil Liability Convention (Netherlands) . . Proposed amendment to Article VI1 of Civil Liability Convention (Netherlands) . . . . . Proposal on Final Clauses (Netherlands, France, Federal Republic of Germany) . . . . Proposed amendment to Private Law Convention (Netherlands) . . . . . . .

10、 Statement (USSR) . . . . . . Proposed amendment to Civil Law Convention (Australia) . . . . . . . . . . . Proposed amendment to Find Clause relating to entry into force of Civil Liability Convention (United Kingdom) . . . . . . Summary Records 1-7 . . . . . . Report of Credentials Committee . . . .

11、 Report of Committee of the Whole on kblic Law Convention . . . . . . . . . . . . . . . . . Report of the Committee of the Whole I1 . . . Report of the Committee of the Whole on Final Clauses Report of Drafting Committee . . . . Final Act of the International Legal Conference on Marine Pollution Dam

12、age, 1969 . . . . Part II - Documents for Committee of the Whole I Provisional Agenda . . . . . . Observations and Proposals of Governments concerning draft Articles on the Right of a Coastal State to Intervene when a Casualty which causes, or might cause, Poilution of the Sea by Oil occurs on the H

13、igh Seas . . . . . . . on Public Law (Japan) . . . . . Proposed amendment to Article II of draft Articles Working Papen . . . . . . . . . . . . . . . . . . . Observations and Proposals of Governments concerning draft Articles on the Right of a Coastal State to Intervene when a Casualty which causes,

14、 or might cause, Pollution of the Sea by Oil occurs on the High Seas . . . Submitted by: France and Italy . . . . 3 Page 74 74 74 75 75 76 76 77 77 78- 123 123 125 134 141 147, 149 155 160 187 189 189-247 242 247 247,248 Page 249 249,250 250 25 1 251,252 253 254 Belgium, Denmark and Netherlands . It

15、aly Sweden Syria . : USSR Australia . Liberia Report of the Working Group on draft Articles on the Right of a Coastal State to Intervene when a Casualty which causes or might cause Pollution of the Sea by Oil occurs at Sea Proposed amendment to Report of the Working Group Submitted by: Federal Repub

16、lic of Germany Proposed amendments to draft Articles on the Right of a Coastal State to Intervene when a Casualty which causes or might cause Pollution of the Sea by Oil occurs at Sea Submitted by: Spain New Zealand . Netherlands . Romania . First Report of the Drafting Group on the International Co

17、nvention relating to Intervention Rights on the High Seas in Cases of Oil Pollution Casualties Second Report of the Drafting Group Draft Resolution to be inserted in the Final Act of the Conference . Summary Records 1-22 Part III - Documents for Committee of the Whole II Provisional Agenda . Observa

18、tions and Proposals of Governments concerning draft Articles on Civil Liability for Oil Pollution Damage . Explanatory Note regarding the amendments proposed by the Irish Government to the text of the draft Articles on Civil Liability for Oil Pollution Damage . Revised draft Articles (Ireland) . Pro

19、posed amendments to draft Articles on Civil Liability for Oil Pollution Damage (Netherlands) Comments on draft Articles on Civil Liability for Oil Pollution Damage (South Africa) 252,258 257,261 258 259 259,260 260 26 1 265 264 273-434 435 437 437, 503 511,515 536 538 543,546 547 550 4 Working Paper

20、s Notes on the Agenda of Cornmittee II . . . Prouosal for an Intemational Convention to Establish International Fund for the compensation of victims of damage caused by Pollution of the Sea by Oil (Belgium) . . . . . Report of the Working Party on some Effects of the Convention on Third Parties Prop

21、osed draft Articles on Civil Liability for Oil“ Pollution Damage Submirred by: Federal Republic of Germany Liberia ._. . . United Kingdom . United States . . Norway . . . Sweden . . . Norway and USSR . Japan . . . Netherlands . . USSR . . . France . . . . . . . Israel . . . . . Italy . . . . . . . .

22、 . . . . . . . . . . . I . . . . . . . . . . . . .I. . . . . . . . . . . . Netherlands and Federal Republic of Germany . . . Spain, France and theUAR“ . . Draft Articles on Civil Liability for Oil Pollution Damage (Secretariat) . . . _ . . . . Draft Resolution (Denmark, Finland, Norway and Sweden) .

23、 Observations on draft Proposals of the Belgian delegation concerning the creation of the Intemational Fund I (Ghana) . . . . . . . . . . . . . . . . . . . Report of the Working Group on the “Fund“ . . Summary Records 1-20 . . . . . Part IV - Documents for the Committee on Final Clauses Provisional

24、Agenda . . . . . . . . Final Clauses (Secretariat) . . . . . Comments on Final Clauses (South Africa) . . . . . . . . Page 550,551 553 562 564 564,566 589,600 564,565 566,570 574,590 595,596 602 567,568 569 573,574 591,592 575,576 589 575 590 592,593 594 598,601 599 602 600 610 576,582 599,603 57 1

25、604 61 1-764 765 767 767 788 5 Page Working Papers Final Clauses (Secretariat) Proposed amendments to Find Clauses Submitted by: Japan Brazil. USSR. Poland. USA and the Netherlands . Ireland United Kingdom . Denmark Denmark. Norway. Sweden and Finiand Working Group . Summary Records 1-3 . 789 791 79

26、2 792 793 793 793 794 795-819 6 INTRODUCTION Following the “Torrey Canyon” disaster of 1967, the Council of IMCO adopted an eighteen point programme for measures and studies in relation to marine poliution arising from maritime casualties. For the first time, this programme included the consideratio

27、n of purely legal issues. Among the legal issues which the Council remitted to the newly established Legal Committee were: “1. The extent to which a State directly threatened or affected by a casualty which takes place outside its territorial sea can, or should be enabled to, take measures to protec

28、t its coastline, harbours, territorial sea or amenities, even when such measures may affect the interests of shipowners, salvage companies and insurers and even of a flag Government. 2. AU questions relating to the nature (whether absolute or not), extent and amount of liability of the owner or oper

29、ator of a ship or the owner of the cargo (jointly or severally) for damage caused to third parties by accidents suffered by the ship involving the discharge of persistent oils or other noxious or hazardous substances and in particular whether it would not be advisable (a) to make some form of insura

30、nce of the liability compulsory; (b) to make arrangements to enable governments and injured parties to be compensated for the damage due to the casualty and the costs incurred in combating poliution of the sea and cleaning polluted property.” The International Legal Conference on Marine Pollution Da

31、mage (10 to 29 November 1969) was convened by the Assembly of IMCO as the culmination of the first part of the work arising from this mandate. For a number of practical reasons, this part of the work was expressly confined to pollution from persistent oils. The Assembly and Council gratefully accept

32、ed the kind offer of premises and facilities by the Government of Belgium in the Palais des Congrs in Brussels, where the Conference was held for a period of three weeks from 10 to 29 November 1969. The Conference was organized in three main bodies: the Plenary and two Committees of the Whole. Commi

33、ttee of the Whole I dealt with the right of coastal States to take measures to prevent, mitigate or eliminate actual or anticipated oil pollution damage arising from a maritime casualty. Committee of the Whole II dealt with the question of liability and insurance in respect of oil pollution damage a

34、rising from a maritime casualty. The President of the Conference was Mr. Albert Lilar, Head of the Belgian delegation, The Chairman of Committee of the Whole I was Mr. George Maslov (USSR) and Dr. Walter Muller (Switzerland) was the Chairman of Committee of the Whole II. 7 The documents of the Confe

35、rence reproduced in this volume are identified by reference to the bodies for which they were produced. Plenary documents carry the symbol LEG/CONF/ ., Committee of the Whole I documents are identified by the symbol LEG/CONF/C.l/ . while Committee of the Whole II documents bear the symbol LEG/CONF/C

36、.2/. . , . Two other Committees, one to deal with the question of Final Clauses and the other a Drafting Committee of the Conference, were established. The documents of these bear the symbols LEG/CONF/C.3 and LEG/CONF/C.4 respectively. The texts of the two Conventions adopted by the Conference, viz.

37、 (1) The International Convention Relating to Intervention on the High (2) The International Convention on Civil Liability for Marine Pollution together with the texts of Resolutions adopted by the Conference are reproduced as attachments to the Final Act of the Conference. Seas in Cases of Oil Poll

38、ution Casualties (1969) and Damage, 8 PART I PLENARY DOCUMENTS 9 LEG/CONF/INF. 1 /Rev.2 13 January 1970 LIST OF PARTICIPANTS President: 1st Vice-president: 2nd Vice-president: 3rd Vice-president: 4th Vice-president: Monsieur ALBERT LILAR (Belgium) Dr. ADIB DAOUDY (Syna) Mr. R. PIETRASZEK (Poland) Mr

39、. K. OTABE (Japan) Mr. C. PAREDES LUNA (Guatemala) AUSTRALIA Representative MI. C.T. Webb, Assistant Secretary, Operations Safety Alternate MI. A.C.C. Menzies, Senior Assistant Secretary, Attomey-Generals Office Adviser Mr. W.C.L. Lang, Second Secretary, Australian Embassy, Brussels and Services Bra

40、nch, Department of Shipping and Transport BELGIUM Representatives Monsieurle Ministre dEtat Albert Lilar Monsieur 1Ambassadeur Jean Cuvelier, Chef du Service des Communications au Ministre des Affaires Etrangres et du Commerce Extrieur Alternates Monsieur A. van der Essen, Directeur dAdministration

41、au Monsieur J. Karelle, Directeur, Ministre des Affaires Etrangres Monsieur le Baron P. de Gerlache de Gomery, Conseiller maritime prs Monsieur J.L.G. Pluymers, Directeur dAdministration, Monsieur W. Vanderperren, Chef du Service Juridique, Monsieur Smeesters, Conseiller Juridique, Monsieur W. Bente

42、in, Conseiller, Ministre des Communications Monsieur Ph. Leonard, Magistrat, Ministre de la Justice Ministre des Affaires Etrangres lAmbassade de Belgique Londres Ministre des Communications Ministre des Communications Ministre des Communications 11 BELGIUM (continued) Advisers Monsieur M. Hollenfel

43、tz der Treux, Avocat Honoraire Monsieur E. Gutt, Avocat et Professeur duniversit Monsieur H. Voet, Average Adjuster Baron du Fontbar du Fumai BRAZIL Representative His Excellency Ambassador Geraldo Eullio do Nascimento e Silva, Secretary General for Western Europe Affairs, Ministry of Foreign Relati

44、ons Alternates Admiral Hyllo Ramos de Azevedo Leite, National Superintendency of Captain Fernando Ernesto Carneiro Ribeiro, Brazilian Naval Attach, Mr. Helcio T. Pires, First Secretary, Permanent Representative to IMCO, Merchant Marine, Ministry of Transport London Brazilian Embassy, London Advisers

45、 Mr. Marcio Luiz Borges, Legal Adviser, National Superintendency of Merchant Marine, Ministry of Transport Mrs. Lucia Patriota de Moura, Third Secretary, Transport and Communications Division, Ministry of Foreign Relations BULGARIA Represen mtive His Excellency Mr. Mikhail Paskalev, Ambassador Extra

46、ordinary and Plenipotentiary of the Peoples Republic of Bulgaria, Brussels Alternate Mr. Ilia Koltchakov, Second Secretary, Ministry of Foreip Affairs Adviser Mr. Todor Vlaikov, Ministry of Transport CAMEROON Represen ta tive Monsieur Clement Langue-Tsobgny, Ministre conseiller auprs de lAmbassade d

47、u Cameroun Bruxelles 12 CANADA Representatives The Honourable Donald Jamieson, Minister of Transport His Excellency Mr. Max H. Wershof, Q.C., Canadian Ambassador to Denmark Alternates The Honourable J.W. Pickersgrll, President, Canadian Transport Captain J.L. MacAngus, Superintendent of Manne Cargoe

48、s and Mr. Leo J. Leavey, Executive Director and Legal Adviser, Mr. J.S. Stanford, Head, Treaty and Economic Section, Mr. A.S. Hyndman, Q.C., Canadian Representative, Bureau Dr. G.F.M. Smith, Fisheries Research Board of Canada Mr. J.K.B. Kinsman, Second Secretary, Canadian Embassy, Brussels Commissio

49、n IMCO Co-ordinator, Department of Transport Water Transport Committee, Canadian Transport Commission Legal Division, Department of External Affairs Permanent, Comit Maritime International CHINA, Republic of Representative His Excellency Mr. Hiong-Fei Tchen, Ambassador Extraordinary and Alternate Dr. Chi-Shou Kan, Counsellor, Ministry of Communications Advisers Mr. Hwa Shen, Representative, Chinese Maritime Trust, London Mr. Yan Lee, Second Secretary, Permanent Mission of the Republic of China to the United