유럽대륙의 미래의 내륙수로 세미나 IVR 이시우 2006/05/11 689

http://www.cemt.org/online/Paris02/HacksteinerE.pdf

SEMINAR
THE INLAND WATERWAYS OF TOMORROW ON THE
EUROPEAN CONTINENT
PARIS – 30 January 2002
DOCUMENT No. 10
(English only)
Inland Waterways in Europe
Legal Harmonisation in Inland Navigation
Mrs T. HACKSTEINER
Inland Navigation Europe (IVR)
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LEGAL HARMONISATION IN INLAND NAVIGATION
Theresia K. Hacksteiner
General Secretary IVR
1. GENERAL INTRODUCTION
One of the tasks of IVR is the development and the harmonisation of law applicable to inland
navigation in a pan-European framework with a view to establishing a uniform European
economic space extending from the North Sea to the Black Sea.
The completion of the link between the Rhine and the Danube in 1992 has given the impetus
to increased contacts between representatives of inland navigation and insurance businesses in
East and West. During the same year the IVR organised a first, albeit small, conference, with
representatives from the riparian states along the Danube and the Rhine, to initiate an
exchange of information between the economic groups involved in inland navigation. This
was done in order to highlight the differences and common ground which exist in law and in
practice and to reveal opportunities for legal unification in the interests of all. After this first
meeting many others followed.
Inter-governmental and supra-national organisations
Each of the two major European rivers, the Rhine and the Danube, has its own regime with
regard to public-law aspects and the associated regulations. The Central Commission for
Rhine Navigation in Strasbourg and the Danube Commission in Budapest are the guardians of
the relevant conventions underlying the two legal regimes, the Mannheim Convention of 1868
and the Belgrade Convention of 1948. Both institutions are concerned with ensuring the
freedom of shipping on the waterways in question, passing unified directives in relation to the
technical admission of inland navigation vessels and safeguarding public order on the
waterways. Although the legal character of resolutions by the two institutions is different, both
organisations seek to unify the aforementioned aspects in all the relevant states situated along
these rivers.
The European Union, due to its competence in the area of transport, is also involved in inland
navigation. Through Regulations and Directives its aim is to bring about unified legislation in
all Member States covering inland navigation in the relevant areas.
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Role and position of IVR
As regards the private-law aspects of inland navigation, legal unity does not yet exist either in
the states along the Rhine or in those along the Danube. Even before the opening of the Rhine-
Danube link as mentioned above, the differences that exist between regulations governing
inland navigation in the Rhine riparian states had already been criticised many times,
particularly with regard to liability aspects, and the need for harmonisation of the regulations
in question had been expressed. With the shipping link between the Danube and the Rhine this
need has become even more pressing.
In the case of an international mode of transport like inland navigation, the lack of legal
unification creates practical obstacles to shipping. Above all the absence of unified liability
regulations results in legal uncertainty which could have a negative impact on the
development of inland navigation in future.
This is the reason why an international association like the IVR, whose members in the areas
of inland navigation, the insurance sector and the associated economic groups have been
facing these problems in practice for many years already, has made it its aim to promote legal
unification in inland navigation.
While recognising that legal unification is an inevitable necessity for the future development
of inland navigation and transportation from and within the States of Central and Eastern
Europe, the IVR is supporting:
¦ the establishment of international conventions in inland navigation
¦ the entry into force of international conventions in inland navigation
¦ promoting increased understanding between the sectors involved and their representatives
from the riparian states along the Danube and Rhine
Through meetings between the representatives of all the states, Governments and economic
groups involved and the associated exchange of information, mutual understanding is
promoted and the need for legal unification is expressed.
The IVR is therefore fulfilling the function of an international, inter-sectoral institution which
can promote and assist to implement legal unification on various levels.
Auspicious
This is an auspicious time from the political, economic and legal point of view to bring about
the necessary legal unification, since

a political rapprochement is taking place between the states of Eastern and Western
Europe

the European Union has decided to extend the number of Member States

the States of Central and Eastern Europe are undergoing a process of development in civil
law

and at the same time a number of international conventions has been developed or has
come into force in the area of inland navigation, which are intended to come into force in
the Rhine and Danube riparian states.
In this context, alongside the work done by the inter-Governmental and supranational
institutions, there is also a need for action by a private-law association such as the IVR, in
order to bring about the legal unification which everyone wants to see.
2. RECENT DEVELOPMENTS IN THE LEGAL FIELD OF INLAND NAVIGATION
General
Recently there are some important developments in the legal field of harmonization and
unification of inland waterway transport. While in former times inland navigation, contrary to
the transport by sea, road or rail, did not succeed in the realisation of international
conventions, in the last few years a great progress has been made.
In the past years three important conventions in the area of inland navigation have been
drafted; one of them already entered into force, one of them has been signed in June 2001 in
Budapest and the last one is ready to be negotiated by the representatives of the governments
of all European countries dealing with inland navigation.
The three conventions referred to are the
- Strassbourg convention on limitation of liability for inland navigation vessels (CLNI)
- Budapest convention on the contract for the carriage of goods by inland waterways
(CMNI)
- Draft European Convention on liability for damage in connection with the carriage of
hazardous and noxious substances by inland waterways (CRDNI).
3. FINAL REMARKS
The recent developments in the legal field of inland navigation mark an important step
towards a pan European unification of the law. It is only recently that the efforts succeeded
and different conventions have been adopted. Yet after the entering into force (CLNI) and the
signing (CMNI) of conventions, still many efforts need to be done. Countries involved now
have the duty to ratify the conventions and to realise step by step one unified regime for inland
navigation.
A uniform legal system is of great importance for the development of inland waterway
transport, which is determined as the mode of transport of the future. Thus the uniform legal
frame will support the future success of inland navigation.