IMO 448 83 05 E-1983 OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976.pdf

1、INTERNATIONAL MARI TIME ORGANIZATION OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976 LONDON OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON THE LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976 LONDON 1983 NOTE The name of the Organizatio

2、n as defined in this publication was changed to the “INTERNATIONAL MARITIME ORGANIZATION” by virtue of amendments to the Organiza- tions Convention which entered into force on 22 May 1982. Published by the International Maritime Organization, London Printed in Great Britain by Unwin Brothers Limited

3、, Old Woking, Surrey Copyright IMO 1983 CONTENTS Introduction Page Document LEG/CONF .5/ PART I - BASIC CONFERENCE DOCUMENTS Provisional agenda Rules of Procedure Note on the adoption of the Rules of Organization of work of the Conference Draft convention articles and draft final clauses Draft final

4、 act List of participants Procedure PART II - COMMITTEE OF THE WHOLE Basic papers Time schedule for deliberations Observations and proposals on the draft convention articles by: Governments (Australia, Federal Republic of Germany, France, New Zeaiand, Norway, Sweden, United Kingdom) International Or

5、ganizations (BIMCO, ETA, IALA, ICs, IICL) (OCTO Reports to the Committee Report of a Working Group set up to provide Report of a Working Group on the prepara- a new formulation of Article 3(b) tion of a draft article dealing with Revision of Limitation Amounts and of Units of Account Report of the W

6、orking Group on the drafting of a new paragraph of Article 15 dealing with ships constructed for and engaged in dnliing 1 3 2/Rev. 1 3 wP.2 19 3 and Add.1 21 WP. 1 30 WP.5 41 INF.lIRev.1 44 C.l/wP.4 61 4 and Add. 1-3 62 6 and Add.1 111 INF.2 121 C.l/WP.64/Rev. 1 13 1 C.l/WP.67 132 C.l /WP.74 133 (il

7、 Reports to the Committee of the Whole (contd) Report of the Working Group on Basic Issues related to the Limitation System Explanatory notes thereto Report of a Working Group on a Procedure relating to the Revision of Limitation Amounts Workipg Papers submitted by: Liberia Federal Republic of Germa

8、ny Canada Denmark, Finland, Norway and Sweden Netherlands United States Canada United States Spain United Kingdom Japan France Canada Australia Federal Republic of Germany Canada United States Canada France Poland France Japan Federal Republic of Germany India Federal Republic of Germany United Stat

9、es USSR Norway and Sweden Canada Poland France International Association of Ports and Harbors Document LEG/CONF .5 / C.l/wP.76 C.l IWP.78 C.lm.86 C.l/WP.l; C.l/W.2 C.llwP.3 C.l/WP.S C. 1 lWP.6 C.l/WP.7 C. 1 m.8 C.llwP.9 c. l/WP. 10 C.l/wP.ll c. 1 /wP. 12 C.lm.13 C. 1 /wP. 14 C.l/wP.15; C. l/wP.16 C.

10、 1 IWP. 17 C.l/wP. 18 c. 1 /WP. 19 c. 1 m.20 c. 1 lWP.2 1 c. 1 /wP.22 C.llwP.23 C.l/WP.24 c. 1 lwp.25 C.l/WP.26 C.l/wP.27 C.llWP.28 C.l/wP.29 C.l/WP.30 C. 1 /W.3 1 C. 1 IwP.32 C.l/WP.33 C. 1 /wP.34 C. 1 IWP.35 C.llWP.36 C.l/WP.38; C.l/WP.39 C.l/WP.37 Page 134 138 141 142 143 143 144 144 145 146 146

11、147 148 148 149 150 151 152 152 153 153 154 154 155 155 156 156 157 158 158 159 159 160 161 162 165 165 166 C. 1 /wP.40 167 (ii) Working Papers of the Committee of the Whole (contd) India Netherlands Chairman Japan Argentina Poland Japan Switzerland Sweden United States Australia Italy Document Page

12、 LEG/CONF.S/ C. 1 Iwp.42 169 C. 1 Iwp.43 170 C.llwp.44 171 C. 1 Iwp.45 172 C.llwp.46 173 C. 1 W.47 173 C.lIwp.48 176 C. 1 /WP.49/Rev. 1 177 C. 1/WP.50 177 C.lIwp.51 178 C.lIwp.53; C.lIwp.54 179 c.iIwp.52 178 Norway C. 1 Iwp.5 5 Secretariat C.llwp.56 Norway C. 1 Iwp.57/Rev.l United States C.lIwp.58 F

13、rance C. 1 Iwp.59 Netherlands C. 1 /WP.60 United States C.l/WP.61 C.lIwp.62 Japan C.lIwp.63 France C. 1 m.65 Norway C.l/WP.66 Australia C.l/WP.68 France C.lm.69 Norway C.l/WP.70 United Kingdom C.l/WP.7 1 France C.lIwp.72 German Democratic ,Republic C. llWP.73 United States C.l/WP.75 Federal Republic

14、 of Germany C. llWP.77 Australia C. 1 m.79 Argentina C.l/WP.80 Japan C. 1m.8 1 Secretariat C.lIwp.82 German Democratic Republic, Liberia Netherlands and Poland C.lm.83 Chairman C.l/WP.84 Federal Republic of Germany, Netherlands, C.l/WP.85 Norway C. 11WP.87 United Kingdom and United States Summary Re

15、cords C. 1 /SR. 1-27 180 180 183 184 184 186 187 188 189 190 19 1 192 192 193 193 194 194 195 195 197 197 202 203 206 206 207 208 209-424 (iii) Document Page LEG/CONF.S/ PART III - COMMITTEE ON FINAL CLAUSES Basic papers Observations and proposals on the draft final clauses by: Governments (UnitedKi

16、ngdom) Internationai Organizations (BIMCO, ICs) Working Papers submitted by: Poland Japan Poland Liberia Norway Japan 5 427 7 and Add.1 427 C. 1 /W.4 1 429 c.21WP.1 430 C.2FP.2 43 1 C.2w.3 43 1 c.21WP.4 432 C.2WP.5; C.2W.6 434 PART IV - PLENARY Working Papers submitted by: France wP.4 43 7 Federal R

17、epublic of Germany WP.6 43 8 Norway wP.7 438 Sweden WP.8 439 Argentina wP.10 440 Reports to Plenary Report of the Committee on Final Clauses W.3 440 Report of the Drafting Committee C.3/1 and Add.1 449 Report of the Committee of the Whole WP.9 446 Report of the Credentials Committee 8 465 Summary Re

18、cords SR. 1-6 466-500 Document Page LEG/CONF.5/ PART V - INSTRUMENTS ADOPTED BY THE CONFERENCE Final Act of the Conference Convention on Limitation of Uabiiity for Understanding of the Conference in 9IRev.l Maritime Claims, 1976 10 Relation to Participation 11 PART Vi - DOCUMENTS ISSUED IN CONNEXION

19、 CONFERENCE List, with page references added INF.3 503 506 518 52 1 INTRODUCTION Pursuant to the decisions of the Council and Assembly of the International Maritime Organization, the International Conference on Limitation of Liability for Maritime Claims was convened in London from 1 to 19 November

20、1976. The proposal to convene the Conference had been made by the Legal Committee of the Organization, which had considered it desirable that a new inter- national agreement to determine uniform rules relating to the limitation of liability for maritime claims should be adopted to replace the intema

21、tional conventions on the subject adopted in 1924 and 1957 respectively. For this purpose the Committee had prepared a set of draft articles for an “International Convention on Limitation of Liability for Maritime Claims”. These draft articles, and the comments and observations thereon submitted by

22、Governments and interested organizations, constituted the basic material for the deliberations of the Conference. Also available to the Conference was a set of draft Final Clauses prepared by the Secretariat of IMO at the request of the Legal Committee. The Conference elected as its President Mr. St

23、anley Clinton Davis, the Head of the delegation of the United Kingdom. The Vice-presidents were Captain R.F. Bondoni (Argentina), Mr. MA. Bendjenna (Algeria), Mr. Y. Djavad (USSR), Captain S. Tardana (Indonesia) and Mr. A. Saffari (Iran). The substantive discussions of the provisions of the new conv

24、ention were undertaken in a Committee of the Whole whose Chairman was Ms B. Blom (Sweden). A Committee on Final Clauses was appointed to prepare the texts of the Final Clauses for the new conveh- tion. This Committee was presided over by Dr. F.L. Wiswall Jr. (Liberia). The other Committees of the Co

25、nference were the Drafting Committee whose Chairman was Mr. R. Cleton (Netherlands) and the Credentials Committee with Mr. W.P. Crone (Australia) as Chairman. the International Convention on Limitation of Liability for Maritime Claims, 1976, and approved its Final Act. This publication contains the

26、official documents of the Conference consisting of the following: (a) (b) (c) (d) (e) The Conference completed its work on 19 November 1976 when it adopted the basic documents issued before the opening of the Conference; the documents submitted to or issued in connexion with the work of the Committe

27、e of the Whole; documents issued to or prepared by the Committee on Final Clauses; summary records of the proceedings of the plenary meetings and the meetings of the committee of the Whole; and documents of the plenary session, including the texts of the Convention and the Final Act as adopted by th

28、e Conference. (vii) PART I BASIC CONFERENCE DOCUMENTS Page Provisional agenda . . . . . . . . . . . . . . . . . . . . . 3 Rules of Procedure . . . . . . . . . . . . . . . . . . . . 3 Note on the adoption of the Rules of Procedure . . . . . . . . . . . 19 Organization of work of the Conference, inclu

29、ding the establishment of committees, as necessary . . . . . . . . . . . . . . . . . . 21 Draft articles for an international convention on limitation of liability for maritime claims . . . . . . . . . . . . . . . . . . 30 Draft Final Act of the International Conference on Limitation of Liability fo

30、r Maritime Claims, 1976 . . . . . . . . . . . . . . . 41 List of participants . . . . . . . . . . . . . . . . . . . . 44 1 CONF.5/2/Rev. 1 Rule Page CHAPTER II - PRESIDENT, VICE-PRESIDENTS, etc. 6 Election 1 President 8 1 Acting President 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3

31、0 31 32 Replacement of the President The President shall not vote CHAPTER III - SECRETARIAT Duties of the Secretary-General and the Secretariat Statements by the Secretariat CHAPTER IV - CONDUCT OF BUSINESS Quorum General Powers of the President Speeches Precedence Points of Order Time-Limit on Spee

32、ches Closing of List of Speakers Adjournment of Debate Closure of the Debate Suspension or Adjournment of the Meeting Order of Procedural Motions Basic Proposals Other Proposals and Amendments Seconding of Proposals, Amendments and Other Motions Decisions on Competence Withdrawal of Motions Reconsid

33、eration of Proposais Invitation to Technical Advisers 7 7 7 8 8 8 8 8 9 9 9 9 9 10 10 10 10 10 10 11 11 11 11 11 12 4 CONF.5/2/Rev. 1 Rule CHAPTER V - VOTING 33 34 35 36 37 38 39 40 Voting Rights Required Majority Meaning of the expression “Representatives present and voting” Method of Voting Conduc

34、t during Voting Division of Proposals and Amendments Voting on Amendments Voting on Proposals 44 45 Equally Divided Votes CHAPTER VI - COMMITTEES 46 Committee of the Whole 47 Drafting Committee 48 49 50 Officers 51 Quorum 52 Creation of Committees and other subsidiary bodies Representation on Commit

35、tees and other subsidiary bodies Conduct of business and voting in Committees and other subsidiary bodies CHAPTER VI1 - LANGUAGES AND RECORDS 53 Official and Working Languages 54 Interpretation from official languages 55 Interpretation from other languages 56 Summary Records 57 Languages of Document

36、s and Summary Records Page 12 12 12 12 12 13 13 14 14 15 15 15 15 15 15 16 16 16 16 16 16 17 5 CONF.5/2/Rev. 1 Rule Page CHAPTER VI11 - PUBLIC AND PRIVATE MEETINGS 58 17 59 Communiqus to the Press 17 60 Plenary Meetings and Meetings of Committees and subsidiary bodies CHAPTER IX - REPRESENTATIVES FR

37、OM THE UNITED NATIONS, THE SPECIALIZED AGENCIES AND THE IAEA, ORGANIZATIONS AND NON-GOVERNMENTAL BODIES 17 61 CHAPTER X - AMENDMENTS TO THE RULES OF PROCEDURE 18 62 CHAPTER XI - SIGNATURE OF INSTRUMENTS 18 AND OBSERVERS FROM OTHER INTER-GOVERNMENTAL CHAPTER 1 - REPRESENTATION AND CREDENTIALS Composi

38、tion of Delegations Rule 1 The delegation of each State participating in the Conference shall consist of accredited representatives and such alternate representatives and advisers as may be required. Aitemates or Advisers Rule 2 An alternate representative or an adviser may act as a representative u

39、pon designation by the head of the delegation. Submission of Oedentials Rule 3 The credentials of representatives and alternate representatives, if any, and the names of advisers and other members of delegations, shall be transmitted to the Secretary-General of the Inter-Governmental Maritime Consul

40、tative Organization, if possible not later than twenty-four hours after the opening of the Conference. Credentials shall be issued either by the Head of the State or Government, or by the Minister for Foreign Affairs, or by an appropriate authority properly designated by one of them for this purpose

41、. Any change in the composition of the delegation shall as soon as possible be submitted to the Secretary-General of the Conference. 6 CONF.5/2/Rev. 1 Credentials Committee Rule 4 A Credentials Conmittee shall be appointed at the beginning of the Confer- ence. It shall consist of five members who sh

42、all be appointed by the Confer- ence on the proposal of the President. It shall examine the credentials of representatives and report to the Conference without delay. fiovisional Participation in the Con ference Rule 5 Pending a decision of the Conference upon their credentials, representatives shal

43、l be entitled to participate provisionally in the Conference. CHAPTER II - PRESIDENT, VICE-PRESIDENTS, etc. Election Rule 6 The Conference shall elect a President, five Vice-Presidents who shall be designated as first, second, third, fourth and fifth Vice-presidents and take precedence in that order

44、, the Chairman of the Committee of the Whole established under Rule 46 and the Chairman of the Drafting Committee established under Rule 47. The Conference may also elect such other officers as it deems necessary for the performance of its functions. President The President shall preside at the plen

45、ary meetings of the Conference. Rule 7 Rule 8 The President shall, in the exercise of his functions, remain under the authority of the Conference. Acting President Rule 9 If the President is absent for a meeting or any part thereof, he shall appoint one of the Vice-presidents to take his place. If t

46、he President does not make an appointment, the first Vice-president shall take his place and in the absence of the first Vice-president the second Vice- President shall take his place, and so on. Rule 10 A Vice-president acting as President shall have the same powers and duties as the President. 7 C

47、ONF.5/2/Rev. 1 Replacement of the President If at any time the President is unable to perform his functions for the remaining period of the Conference a new President shall be elected. The President shall not vote Rule 11 Rule i2 The President, or a Vice-President acting as President, shall not vote

48、 but may, where necessary, appoint another member of his delegation to vote in his place. CHAPTER III - SECRETARIAT Duties of the Secretary-General and the Secretariat The Secretary-General and the Deputy Secretary-General of the Inter- Governmental Maritime Consultative Organization shall be the Se

49、cretary- General and the Deputy Secretary-General respectively of the Conference. The Secretary-General shall appoint an Executive Secretary of the Conference and shall provide and direct the staff required by the Conference and its Committees. The Secretariat shall receive, translate, reproduce and distribute documents, reports and resolutions of the Conference; interpret speeches made at the meetings, prepare and circulate records of the public meetings; arrange for the custody and preservation of the documents in accordance with the decisions of the Conference; publish reports of th