IMO I471E VOL 1-1993 OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA 1984 and OF .pdf

1、OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 and the INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION, 1992 INTERNATIONAL MARITIM

2、E ORGANIZATION OFFICIAL RECORDS of the INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 AND THE INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION, 1992 IMO Lo

3、ndon, 1993 The printing of this publication has been financed by the International Oil Pollution Compensation Fund Published by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR First edition 1993 Printed in the United Kingdom by Ashford Press, Southampton 4 6 8 10 9 7 5 IS

4、BN 92-801-1304-6 IMO PUBLICATION Sales Number: IMO 47 1E Copyright O IMO 1993 All rights reserved, No part of this publication may, for sales purposes, be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photoc

5、opying or otherwise, without prior permission in writing from the International Maritime Organization. CONTENTS INTRODUCTION (v) PART I INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 Document Page LEG/CONF.6/ CHAPTE

6、R I - BASIC CONFERENCE DOCUMENTS Provisional Agenda 1 5 Provisional Rules of Procedure 2 6 Rules of Procedure 2fl 25 Note on adoption of the Rules of Procedure Observation by Poland 23 47 WP. 1 44 Organization of work of the Conference 57 48 Draft Protocol to the International Convention on Civil Li

7、ability for Oil Pollution Damage, 1969 (1 969 CLC) 4 57 Draft Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (1971 FUND) 5 76 List of Participants INF. 1Rev. 1 95 CHAPTER II - COMMITTEE OF THE WHOLE II (beginning

8、) (established to consider draft Protocols to 1969 CLC and 1971 Fund Convention) Basic papers Provisional Agenda C.Y1 131 Draft Protocols to revise the 1969 CLC and 1971 Fund Convention, extracts 7 and 132 from IMO Legal Committee reports 7lCorr. 1 Volume 1 - Contents (i) Basic papers (contd) Draft

9、resolution on issue and recognition of certificates, prepared by the IMO Legal Committee Consolidated text of 1969 CLC as amended by 1984 draft protocol Consolidated text of 197 1 Fund Convention as amended by 1984 draft protocol Status of 1969 CLC and 1971 Fund Convention and 1976 Protocols as at 1

10、 May 1984 Observations and proposals on the draft Protocols to revise the 1969 CLC and the 1971 Fund Convention by: Governments: United Kingdom (1969 CLC and 1971 Fund) Greece (1 969 CLC) Federal Republic of Germany France (1 969 CLC) France (1 97 1 Fund) Poland (1969 CLC and 197 1 Fund) Poland ( 19

11、69 CLC and 197 1 Fund) Poland (1969 CLC and 1971 Fund) Sweden (1969 CLC and 1971 Fund) Norway (1 969 CLC and 197 1 Fund) (1969 CLC and 1971 Fund) France (1969 CLC and 1971 Fund) USSR (1 969 CLC) USSR (1971 Fund) United Kingdom (1969 CLC and 1971 Fund) Federal Republic of Germany (1969 CLC) Federal R

12、epublic of Germany (1971 Fund) Document LEG/CONF.6/ 8 C.XNF. 1 C.UINF.2 C.2ANF.3 9 15 17 19 20 24 25 26 30 32 36 41 and 41Korr. 1 42 50 54 55 Page 239 240 252 267 27 1 293 295 303 312 320 321 328 333 343 349 358 362 362 363 368 370 CHAPTER II - COMMITTE OF THE WHOLE II (conc1usion)See Volume 2 (ii)

13、Volume 1 - Contents CHAPTER III - DRAFTING COMMITTEE CHAPTER IV - COMMITTEE ON FINAL CLAUSES CHAPTERV - PLENARY CHAPTER VI - INSTRUMENTS ADOPTED BY THE CONFERENCE See Volume 3 See Volume 3 See Volume 3 See Volume 3 CHAPTER VI1 - DOCUMENTS ISSUED IN CONNEXION WITH THE CONFERENCE See Volume 3 CHAPTER

14、VI11 - CONCORDANCE OF ARTICLES See Volume 3 PART II INTERNATIONAL CONFERENCE ON THE REVISION OF THE 1969 CIVIL LIABILITY CONVENTION AND THE 1971 FUND CONVENTION CHAPTER I - BASIC CONFERENCE DOCUMENTS See Volume 4 CHAPTER II - RECORDS OF DECISIONS See Volume 4 CHAPTER III - INFORMATION PAPERS See Vol

15、ume 4 CHAPTER IV - DRAFIING COMMITTEE See Volume 4 CHAPTER V - COMMITTE OF THE WHOLE See Volume 4 Volume I - Con/8nls (iii) INTRODUCTION PART I Pursuant to the decisions of the Council and Assembly of the International Maritime Organization, the International Conference on Liability and Compensation

16、 for Damage in Connexion with the Carriage of Certain Substances by Sea was convened in London from 30 April to 25 May 1984 to consider the adoption and revision of certain treaty instruments dealing with questions of liability and compensation for damage arising in connexion with the camage of vari

17、ous substances by sea. Part I of this publication contains the official records of the part of the Conference which dealt with the revision of the 1969 Civil Liability Convention and the 1971 Fund Convention. The Conference also considered adopting a draft convention on liability and compensation in

18、 connexion with the camage of noxious and hazardous substances by sea (HNS). However, the Conference did not manage to reach any agreement on this issue and the work in IMO on the elaboration of an HNS convention has not yet been concluded. For these reasons, all documentation related to the HNS con

19、vention has been excluded from this publication. Two draft treaty instruments prepared by the Legal Committee of the Organization were before the Conference. These were: (i) a Draft Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969; and (ii) a Draft Protocol

20、to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 197 1 . These draft texts and the comments and observations thereon submitted by Governments and interested organizations constituted the basic material for the deliberations of t

21、he Conference. The President of the Conference was Mr. Francisco Cuevas-Cancino, the Permanent Representative of Mexico to the Organization. The Vice-presidents were Mr. Shen Zhaoqi (China), Mr. C. Douay (France), Mr. R. Tchibota-Souamy (Gabon), Mr. I Perrakis (Greece), Mr. B.K. Rao (India), Mr. A.R

22、.M. Al-Yagout (Kuwait), Mr. G. Ivanov (USSR) and Mr. B.F. Hollingsworth (United States). The substantive consideration of the draft Protocol to the Civil Liability Convention and the draft Protocol to the Fund Convention was undertaken in the Committee of the Whole II, which was chaired by Mr. M Jac

23、obson (Sweden). A Committee on Final Clauses, presided over by Mr. J. R. Perrett (United Kingdom), prepared the Final Clauses for the treaty instruments adopted by the Conference. Other committees of the Conference were the Drafting Committee, whose Chairman was Mr. R. Cleton (Netherlands), and the

24、Credentials Committee, with Mr. M.A.S. Landale (Australia) as Chairman. Volume I - IntrGduction At the end of its deliberations, the Conference adopted the following two instruments. (a) the Protocol of 1984 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969; and

25、 the Protocol of 1984 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 197 1. (b) The Conference also adopted four resolutions. The documents of the Conference reproduced in this publication are: the basic documents issued

26、 before the opening of the Conference; the documents submitted to or issued in connexion with the work of the Committee of the Whole II. These have the symbol LEG/CONF.6/C.2/ . ; the documents issued to or prepared by the Committee on Final Clauses. These carry the symbol LEG/CONF.6 /Fa. ; summary r

27、ecords of the meetings of the plenary of the Committee of the Whole II and the Committee on Final Clauses; and documents of the plenary session, including the texts of the two Protocols, the Final Act and Resolutions adopted by the Conference. The footnotes to the summary records give cross-referenc

28、es to the numbers and pages of other summary records where discussions of the same or related questions have also been recorded. An index to the sections of the summary records devoted to specific articles of the draft Protocols is also provided at the end of Chapter II. It is hoped that these footn

29、otes and the index will assist those who may use this publication. PART II When it became clear that the Protocols adopted in 1984 would not enter into force in the foreseeable future, work was initiated in the Intemational Oil Pollution Compensation (IOPC Fund) to elaborate new protocols with the s

30、ame substantive provisions as in the 1984 Protocols but with lower requirements for entry into force. This was seen as the best way of securing the continued success and viability of the compensation rgime created by the 1969 Civil Liability Convention and the 1971 Fund Convention. Following the pre

31、paratory work in the IOPC Fund, the IMO Council and Assembly decided to convene a diplomatic conference to consider the two draft protocols initially elaborated by an IOPC Fund Intersessional Working Group and subsequently agreed by the IOPC Fund Assembly and approved by the IMO Legal Committee. The

32、 second part of this publication contains the official records of this Conference, the International Conference on the Revision of the 1969 Civil Liability Convention and the 1971 Fund Convention which was held in London from 23 to 27 November 1992. The draft treaty instruments which were before the

33、 Conference were: (i) a Draft Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969; and (ii) a Draft Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. It had further been agree

34、d that the Conference should consider a proposal to introduce a system of capping on contributions payable by oil receivers in any given State. Resolutions on treaty-law issues had also been prepared for the consideration of the Conference. These draft texts, and the comments and observations thereo

35、n submitted by Governments and interested organizations, constituted the basic material for the deliberations of the Conference. The President of the Conference was Dr. L.M. Singhvi (India) and the Vice-presidents were Professor H. Tanikawa (Japan), Mr. A.M. Al-Yagout (Kuwait), Sr. R. del Corral (Me

36、xico), Mrs. A.O. Williams (Nigeria) and Mr. A. Os (Norway). The substantive consideration of the draft protocols was undertaken in the Committee of the Whole, which was chaired by Mr. A.H.E. Popp, Q.C. (Canada). The Final Act was prepared by the Drafting Committee under the chairmanship of Mr. J.F.

37、Wall (United Kingdom). The Credentials Committee was chaired by Captain S.A.H. Yafai, (Yemen). At the end of its deliberations, the Conference adopted the following two instruments: (a) the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969; and

38、(b) the Protocol of 1992 to amend the International Convention on the Establishment of an Intemational Fund for Compensation for Oil Pollution damage, 1971 . Vofume 1 - Jntroductim (vii) The Conference also adopted five resolutions. The documents of the Conference reproduced in this part of the publ

39、ication are: the basic documents issued before the opening of the Conference; the documents submitted to or issued in connexion with the work of the Committee of the Whole. These have the symbol LEG/CONF.B/CW .; the documents issued to or prepared by the Drafting Committee. These carry the symbol LE

40、G/CONF.9/DC/ .; the records of decisions of the meetings of the plenary meetings and of the Committee of the Whole; and the documents of the plenary session, including the texts of the two Protocols, the Final Act and Resolutions adopted by the Conference. No summary records were produced during the

41、 1992 Conference. However, except for a new article in the 1992 Protocol to the Fund Convention introducing a system of capping as referred to above, all substantive provisions in the 1992 Protocols are identical to those of the 1984 Protocols. The summary records of the 1984 Conference therefore al

42、so provide the background for the provisions of the 1992 Protocols except for the new article on capping. (viii) Volume I - nffoductbn PART I INTERNATIONAL CONFERENCE ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNEXION WITH THE CARRIAGE OF CERTAIN SUBSTANCES BY SEA, 1984 Volume I CHAPTER I BASIC C

43、ONFERENCE DOCUMENTS Page Provisional agenda . 5 Provisional Rules of Procedure 6 Rules of Procedure . 25 Note on adoption of the Rules of Procedure . 44 Observation by Poland . 47 Organization of work of the Conference . 48 Draft Protocol to the Intemational Convention on Civil Liability for Oil Pol

44、lution Damage, 1969 (1969 CLC) 57 Draft Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 197 1 ( 197 1 FUND) . 76 List of participants . 95 Volume 1 . Chapter I 3 LEG/CONF. 6/ 1 5 December 1983 PROVISIONAL AGENDA for th

45、e International Conference on Liability and Compensation for Damage in Connexion with the Carriage of Certain Substances by Sea to be convened at the Headquarters of the International Mantime Organization, 4 Albert Embankment, 1. 2. 3. 4. 5. 6. 7. 8. 9. London SE1 7SR, England Opening of the Confere

46、nce Election of the President Adoption of the Agenda Adoption of the Rules of Procedure, including determination of procedure for voting Election of Vice-presidents and other officers of the Conference Appointment of the Credentials Committee Organization of the work of the Conference, including the

47、 establishment of Committees, as necessary Consideration of a draft Convention on Liability and Compensation in Connexion with the Carriage of Noxious and Hazardous Substances by Sea Consideration of a draft Protocol to revise the International Convention on Civil Liability for Oil Pollution Damage,

48、 1969 Consideration of a draft Protocol to revise the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 197 1 Consideration of the Reports of Committees: (a) (b) (c) Credentials Committee (d) Other Committees Committee of the Whole I Co

49、mmittee of the Whole II Vo/ume 7 - Chapter i 5 CONE 64 CONE 10. Adoption of the Final Act of the Conference and any instruments, recommendations and resolutions resulting from its work 11. Signature of the Final Act and of any instrument adopted by the Conference and opened to signature LEG/CONF.6/2 5 December 1983 PROVISIONAL RULES OF PROCEDURE TABLE OF CONTENTS Rule Page CHAPTER I - REPRESENTATION AND CREDENTIALS 1 Composition of Delegations 9 2 Alternates or Advisers 10 3 Submission of Credentials 10 4 Credentials Committee 10 5 Provisional Participation in the Con