Travaux Preparatoires of the Convention on Salvage 1989.pdf

8 COMITE MARITIME INTERNATIONALIntroductionmonetary limits, <strong>the</strong> general opinion was that <strong>the</strong> compensation question had severalaspects which needed careful consideration.61. With reference to insurance questions including those relating to P and IClubs, raised by <strong>the</strong> French delegation, in conjunction with <strong>the</strong>ir possible effect onsafety incentives, those who spoke on <strong>the</strong> subject expressed <strong>the</strong> view that it would notbe appropriate for <strong>the</strong> Legal Committee to take up <strong>the</strong>se matters for study.62. One delegation recalled that <strong>the</strong> Committee was still expected to deal withwreck removal and related issues, and that developing countries were sometimesconfronted with situations <strong>of</strong> salvage or wreck removal which exceeded <strong>the</strong>ir technicalcapabilities. According to that delegation, <strong>the</strong> “no cure no pay” system <strong>of</strong> salvage haddrawbacks from several vantage points, including safety at sea.63. The representative <strong>of</strong> <strong>the</strong> International Chamber <strong>of</strong> Shipping reiterated hisorganization’s willingness to assist IMCO in its work and observed that <strong>the</strong>re wereextensive provisions in <strong>the</strong> International <strong>Convention</strong> for <strong>the</strong> Prevention <strong>of</strong> Pollutionfrom Ships, 1973 (MARPOL) on notification by ships <strong>of</strong> incidents involving dischargeor probability <strong>of</strong> discharge <strong>of</strong> harmful substances. These could be rapidly augmentedwith new provisions by <strong>the</strong> same means that were used to establish a Protocol to thattreaty in 1978, at <strong>the</strong> International Conference on Tanker Safety and PollutionPrevention. This view was endorsed by one delegation.64. On <strong>the</strong> question <strong>of</strong> <strong>the</strong> form <strong>of</strong> instrument or instruments, which mightcontain any new international standards, some delegations suggested that <strong>the</strong> draftprotocol to <strong>the</strong> International <strong>Convention</strong> on Civil Liability for Oil Pollution Damage,under study in <strong>the</strong> Committee with a view to extending it to o<strong>the</strong>r “oils” might be <strong>the</strong>vehicle for a more comprehensive revision <strong>of</strong> <strong>the</strong> 1969 <strong>Convention</strong>, notably to increaseits limitation figures.65. The view was also expressed that <strong>the</strong>re was no immediate need to decide on<strong>the</strong> form which particular provisions might ultimately take, but that such provisionscould be drafted without regard to that question.66. It was suggested by some delegations that <strong>the</strong> opinions <strong>of</strong> <strong>the</strong> many IMCOMembers not normally taking part in <strong>the</strong> Legal Committee’s work would have value to<strong>the</strong> Committee in embarking on <strong>the</strong>se new projects.67. The Committee was <strong>of</strong> <strong>the</strong> general opinion that <strong>the</strong> legal work arising from <strong>the</strong>“Amoco Cadiz” disaster was <strong>of</strong> <strong>the</strong> same level <strong>of</strong> priority as work on a new conventionon liability and compensation for damage by o<strong>the</strong>r noxious and hazardous substances.It <strong>the</strong>refore determined that <strong>the</strong> new issues before it might also be examined on <strong>the</strong>irmerits at <strong>the</strong> thirty-seventh session without sacrifice <strong>of</strong> <strong>the</strong> necessary attention to <strong>the</strong>topic already foreseen for <strong>the</strong> Agenda <strong>of</strong> that session. If possible some decisions mightalso be taken at that time on <strong>the</strong> form <strong>of</strong> international action appropriate to <strong>the</strong>problems and <strong>the</strong>ir solutions.68. In order to assist <strong>the</strong> Committee in its urgent work, <strong>the</strong> Secretariat wasrequested to undertake a study <strong>of</strong> <strong>the</strong> legal ramifications <strong>of</strong> <strong>the</strong> problems raised.Guidelines for <strong>the</strong> Secretariat on this work were adopted by <strong>the</strong> Committee, andappear as Annex IV to <strong>the</strong> present Report. The Secretariat will prepare <strong>the</strong> study forcirculation to members in advance <strong>of</strong> <strong>the</strong> thirty-seventh session and in any case, nolater than 15 September 1978.