THE PRESIDENT PRESIDES OVER INTERNATIONAL MARITIME LAW INSTITUTE CONFERMENT CEREMONY

THE PRESIDENT PRESIDES OVER INTERNATIONAL MARITIME LAW INSTITUTE CONFERMENT CEREMONY

The common responsibility for the protection of the oceans shared between all countries could be transformed into a common action for redress in the case of disasters at sea. An international body such as the United Nations Trusteeship Council could act as a collective depository and trustee wherein liability claims are dealt with in a manner to ensure that those most affected by a calamity are relieved from their suffering.

This proposal was made by H.E. Prof. Guido de Marco, President of Malta, at the conferment of Honorary Professorship of International Maritime Law on Prof. Francis Martin Baillie Reynolds and Honorary Doctorate in International Maritime Law on Mr William Birch Reynardson at the Palace, in Valletta, today.

Addressing students of the International Maritime Law Institute and distinguished guests at the honoris causa ceremony, the President dwelt on the lessons learnt in the wake of the break-up of the oil tanker Erika off the coast of France last year.

"We continue to be challenged by the effects that human activity can leave on the resources of the sea. This perhaps has become more of a challenge in the wake of the Erika disaster which has certainly occupied and preoccupied not only those who have suffered the direct consequences of the tragedy but all of us who hold dear the principle of the 'Common Heritage of Mankind'. Perhaps Malta, more than any other state, can understand the notion of loss suffered by this incident. As we have seen, this example provides us with food for thought," the President said.

"The legal responsibility has been demonstrated to lie outside our shores. However, it is not a question of what emerges as a legal burden of one company or another, it is a question of how to continue to promote this notion of common responsibility for the oceans, how to redress the situation being suffered by those most affected and how to avoid such incidents from occurring again. Efforts are already underway to put into place more stringent regulations and requirements to guard against such events in the future. But can we do more?"

The President said that we have a common responsibility to protect the oceans we hold in trust. "Based on this notion, one could envisage this common responsibility being transformed into common action even in so far as redress is concerned. Perhaps one could envisage an international body, such as the United Nations Trusteeship Council, to act as a collective depository and trustee wherein liability claims are dealt with in a manner to ensure that those most affected are relieved from the suffering."

The President stressed the sea is a very sensitive issue and it is this sensitivity that we have to protect: "It is this care for the sea in all its multi-facets that we have to ensure." The International Maritime Law Institute and other international organisations have an important role to play. The United Nations, the European Union and the International Maritime Organisation are all very relevant partners in this role, together with other regional organisations.

Prof. de Marco also highlighted Malta's significant contribution, through the late Arvid Pardo, to the development of the revolutionary concept of the seabed as the Common Heritage of Mankind, a notion that changed so many aspects of the Law of the Sea.

"Malta is a country which is very sensitive to the Law of the Sea. We derive a substantial part of our strategic relevance from being at the centre of the Mediterranean. Our history is linked to the sea; our political relevance is linked to our presence in the middle of the Mediterranean; our past, our present and indeed our future are linked to Malta's European and Mediterranean dimension."

IMLI director Prof. David Attard addressed the Honoris Causa ceremony. Mr Patrick Griggs, the President of the Comite' Maritime International, delivered the oration.