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the travaux préparatoires hague rules hague-visby rules - Comite ...

the travaux préparatoires hague rules hague-visby rules - Comite ...

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PART I - THE HISTORY OF THE HAGUE AND HAGUE-VISBY RULES 73IV. The 1979 ProtocolThe conversion of gold limitation units into SDRs.Professor J. C. Schultsz (Ne<strong>the</strong>rlands) has prepared draft Protocols to <strong>the</strong> 1924and <strong>the</strong> 1924/1968 Brussels Conventions on Bills of Lading and to <strong>the</strong> 1924 and <strong>the</strong>1957 Conventions on <strong>the</strong> limitation of shipowners’ liability and contact has been madewith <strong>the</strong> depositary of <strong>the</strong>se Conventions - <strong>the</strong> Belgian Government - for convening adiplomatic conference. The Belgian Government has suggested that a similar draftProtocol be prepared for <strong>the</strong> 1962 Convention on Nuclear Ships (Convention on <strong>the</strong>liability of operators of nuclear ships and additional Protocol, Brussels May 25th,1962).A particular problem existed with respect to <strong>the</strong> 1924 Conventions, since onemight take <strong>the</strong> view that <strong>the</strong> 1968 Protocol and <strong>the</strong> 1957 Limitation Convention with<strong>the</strong> new limits contained <strong>the</strong>rein superseded <strong>the</strong> old 1924 Conventions and that, consequently,Protocols should only be added to <strong>the</strong> 1968 Protocol and <strong>the</strong> 1957 LimitationConvention. Fur<strong>the</strong>r, when converting <strong>the</strong> old pound sterling to SDRs, an arbitrarydecision would have to be made which was different from <strong>the</strong> simple conversionof 15 francs Poincaré to 1 SDR.The Assembly decided to set up an International Sub-Committee and appointedProfessor Schultsz as Chairman.The International Sub-Committee appointed by <strong>the</strong> Assembly reported to <strong>the</strong> May1979 Assembly and <strong>the</strong> following statement was included in <strong>the</strong> minutes (CMI NewsLetter of May 1979):3. Protocols to <strong>the</strong> International Conventions on bills of lading and on limitationof shipowners liability.The Assembly decided not to submit Protocols to <strong>the</strong> Belgian Government relatingto <strong>the</strong> 1924 Conventions on bills of lading and limitation of shipowners’ liabilityand <strong>the</strong> 1962 Convention on <strong>the</strong> liability of operators of nuclear ships. Thus, only Protocolsto <strong>the</strong> 1957 Convention on <strong>the</strong> limitation of shipowners’ liability and <strong>the</strong> 1968Protocol to amend <strong>the</strong> 1924 bill of lading Convention should be submitted. The Assemblydecided (<strong>the</strong> Association for Maritime Law of <strong>the</strong> German Democratic Republicabstaining) to submit to <strong>the</strong> Belgian Government <strong>the</strong> texts elaborated by <strong>the</strong> InternationalSub-Committee under <strong>the</strong> chairmanship of Professor Jan Schultsz requestinghim after some smaller corrections had been made to send <strong>the</strong> texts in <strong>the</strong>irfinal form to <strong>the</strong> members of <strong>the</strong> Executive Council for approval.The draft protocols were finalized by <strong>the</strong> International Sub-Committee and were submittedby <strong>the</strong> President of <strong>the</strong> CMI to <strong>the</strong> Belgian Government at <strong>the</strong> end of May 1979toge<strong>the</strong>r with <strong>the</strong> accompanying report reproduced below (CMI News Letter, July 1979):Report accompanying two draft protocols for <strong>the</strong> amending of Maritime Conventions.1. The Comité Maritime International, recognizing that a number of internationalconventions -o<strong>the</strong>r than those which constitute <strong>the</strong> subject matter of this report -had been amended so as to replace definitions of <strong>the</strong> maximum liability of a person(having such connection with international transportation as was indicated in each of<strong>the</strong> conventions in question) in terms of gold value by some o<strong>the</strong>r unit of account, feltthat a few conventions dealing with maritime transportation were, similarly, in need ofamendment. In view of <strong>the</strong> role played by <strong>the</strong> CMI in preparing those conventions, <strong>the</strong>

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