No. 3/99 May 1999

1.  uctSHIPLAW.com - new URL up-and-running
A reminder that we now have an easier new www address - though the old links still work. All our pages can be reached via
uctshiplaw.com

2. May and June "Seaviews" on line
   George Young’s June edition of Seaviews is on line at
   www.uctshiplaw.com/seaviews.htm
   George’s topics in May covered subjects as diverse as Empty Wharves, Shipbuilding in Japan; Demise of Famous Liners; SA Shipowning; Economic Storms at Sea, and a number of others. In June he follows up with a discussion about employment at sea, safety at sea, abandoned crews and arrested ships, and bankrupt ship owners. Don’t miss George’s newsletter each month - and if you enjoy it, send him an e-mail care of us at shiplaw@law.uct.ac.za.  We will happily pass the message to George.
   We keep the previous month’s newsletter on the site.
   
3. The USA MLA’s Centennial
   In the first week of May, the Maritime Law Association of the United States hosted about 1 400 maritime lawyers from the US and abroad to celebrate its centennial. The SA MLA was represented In New York by John Hare (President), Johan Swart (Secretary), John Dyason and Andy Robinson. The US MLA has a membership of over 3 500 - comprised of judges, practitioners, academics and others interested in the shipping industry and maritime law. It operates through a network of working groups dealing with various interest topics, each of which is convened by a chair who then acts as rapporteur to the MLA’s assembly when it meets annually. In this way the work of the association can be spread across the vastness of both the USA’s geography and the sheer numbers of its members.
   [In the SA MLA we have used committees and workgroups in the past, and it seems that this is surely the way forward, particularly if we are to ensure that interest and involvement in maritime law is spread as broadly as possible.]
   The week’s programme included open meeting of the workgroups (on which Andrew and John D have promised short reports) and evening gatherings for all delegates. There was a cocktail party at the Boathouse in Central Park (resplendent in its early spring greenery, the park is stunningly beautiful), a black tie gathering at the Museum of Modern Art (which, with some 1400 lawyers milling about looked for all the world like the Millennium Jamboree of Adélie Penguins), and a function at the Federal Courthouse addressed by Judge Haight (President of the District Court of New York, which exercises Admiralty Jurisdiction) and by Sir David Steel, the English Admiralty Judge. Both chose as their topics an exploration of the history of Admiralty, traced through the Silver Oars of the USA and England. We felt entirely in place, what with our silver oar reposing safely in the Cultural History Museum in Cape Town. [On which see the excellent article at <www.uctshiplaw.com/oar.htm>].
   The last gathering was a full morning of nostalgia at the formal AGM of the US Association. It was a moving occasion, expertly presided over by MLA president Howard McCormack, in which tribute was paid to the older members of the profession who had contributed so much to it. Leading the pack was the indomitable and much-loved Nic Healy, not far off his own centenary, who made an impressive speech.
   The SA delegation made an informal presentation of a carved African fish eagle from Knysna for which we had a plaque engraved recording the good wishes of our association to the US MLA. There are a few photos on our site at <www.uctshiplaw.com/mla.htm>.
   In all, good friends were made, old friendships revived, and a spirit of camaraderie between so many kindred souls left those of us who attended feeling the richer for the experience (the rand exchange rate notwithstanding!).
   
4. The CMI
   Saturday morning in New York, Johan Swart and John Hare attended the CMI’s annual assembly. The agenda (apart from the issue of non-payment of dues by certain delinquent national associations) included:
   • Publications of CMI archive records on CD ROM – now available.
   • Setting up a CMI website - this task is well advanced, and the site should be working within the next month or two. It is envisaged that much of the CMI documentation which perforce takes a long time to filter down to members of national associations, will be made available on the www. It is hoped also that it will provide a useful address book and even a discussion forum on issues under review by the CMI.
   • Reports on work in progress including:
     • Uniformity of transport law - on this issue the US MLA had made it clear at their AGM that their draft COGSA will in all likelihood be enacted before the end of 1999. They indicated however, that if the international initiative (driven by UNCITRAL and the CMI) produced an acceptable convention compromise, they would be willing participants. They indicated that their new COGSA is regarded as an interim measure (bearing in mind that they at present still have the Hague Rules 1924 formula). The Canadian delegation made an impassioned plea for the CMI to undertake immediate preparation of a first working draft to ensure that more countries do not go their own route (Australia has, of course, already done so). The CMI President, Patrick Griggs, expressed the concern that such an initiative remain within the parameters of diplomatic negotiation as it is no longer the CMI which can promote international conventions. Without broad based agreement on general principles, thrashed out prior to the finalisation of any draft, it was felt by the CMI EXCO that international acceptance would be an impossible aim.
       In general however it appeared likely that the CMI’s next step in the process of assisting in the formulation of a new conference - one which would extend also beyond the ship’s rail into multimodal transport - will be to start putting pen to paper.
     • Classification Societies - no agreement on possible limits of liability of class has yet been achieved. The work will continue, aiming either at a convention, or at CMI Rules for voluntary adoption.
     • Athens Convention
     • Piracy
     • General Average - there is a call for a review and simplification of the York Antwerp Rules, of which the CMI is custodian.
     • Marine Insurance - there is an international review of marine insurance taking place at present, under the auspices of a working group of the CMI. All national associations have been asked to complete a questionnaire dealing with their parochial systems. [There will be a full conference on marine insurance in Antwerp in November. Details are available from UCT.]
     • Arrest Convention - a new convention was agreed in March of this year, largely as a result of CMI efforts. The text of the convention will be available on our site within the next few days. SA lawyers will be interested to hear that the British MLA argued for the adoption of associated ship provisions, but this was rejected by debate. There is, however, a provision which would appear to leave the door open to signatory states to recognise the arrest of a ship not owned by the person liable for a claim if, under the law of the state where the arrest is applied for, a judgement in respect of that claim can be enforced against that ship by judicial forced sale of that ship. [Art 3.3]
       The 1999 Convention will lie open for signature from September, and requires only 10 signatories to come into force.
   • CMI Council
     There were two CMI Council seats open for election. One was that of present incumbent Luis Cova Arria who was eligible for re-election for a second 4 year term. The other resulted from the resignation of Eric Japikise. John Hare had been proposed to the CMI Nominations Committee by a number of national associations, and was the candidate recommended by the committee for the post. There were no other nominations, and John was duly declared elected to the Council. It was a joyous occasion, with warm welcomes, and expansive expectations!
     Membership of the CMI Council is a personal rather than a representative appointment. The present Council is made up of Patrick Griggs as President, two Vice-Presidents, and 8 Councillors. There is then a secretary-general (whose main function is intergovernmental liaison and lobbying), a treasurer and an administrator. The Council meets twice annually, usually in May and November. John’s first task will be to assist President Honoris Causa Francesco Berlingieri to set up the CMI website. It is probably fair to say that the present Council under Patrick’s leadership, is making a concerted effort to modernise the CMI and to re-define a relevant and significant role for it in the new order of international maritime law.
     There are a few pictures of the CMI AGM at <www.uctshiplaw.com/cmi/cmi.htm>.
5. uctSHIPLAW.com - Site update
   • ASABOSA Terms on site
     The standard trading conditions of the SA Association of Ship’s Agents and Brokers is available at <www.uctshiplaw.com/asabosa.htm>.
   • Link to Prof Bill Tetley’s homepage
     Bill Tetley has his own homepage on Chris Giaschi’s superb <www.admiraltylaw.com> site. The indomitable Prof Bill has a wealth of his writings linked to his homepage. In particular, his comments on the current international efforts to pull transport law back from the brink of national fragmentation make compelling reading. We have put a link to Bill’s homepage at <www.uctshiplaw.com/shiplink.htm>.
6. Shipping Law & Admiralty Jurisdiction in SA
   Suffer a bit of advertising: a flier on John Hare’s new book, Shipping Law and Admiralty Jurisdiction in South Africa, now on the shelves at Juta & Co and available internationally through Juta’s agents, is on the site at <www.uctshiplaw.com/books.htm>. The agents’ addresses are given. Juta’s on-line site has not been updated since February and is apparently having problems. You may of course also order through that incredible on-line facility, <www.amazon.com>.
7. To be added to or taken off our e-mail list for this Bulletin, please contact <shiplaw@law.uct.ac.za>.