COMITE MARITIME INTERNATIONAL CONSTITUTION, 1981

COMITE MARITIME INTERNATIONAL CONSTITUTION, 1981 Whole document Article 1 The Comite Maritime International is a non-governmental Organization the object of which is to contribute by all appropriate means and activities to the unification of maritime and commercial law, maritime customs usages and practices.

To this end it shall promote the establishment of National Associations of maritime law and shall co-operate with other international Associations or Organization having the same object.

Article 2 The domicile of the Comite Maritime International is established in Antwerp, Belgium.

Article 3 1. The Comite Maritime International shall consist of National (or multinational) Associations of maritime law, the objects of which conform to those of the Comite Maritime International and the membership of which is open to persons (individuals and bodies corporate) who either are involved in maritime and commercial activities or are specialists in maritime and commercial law. Member Associations should endeavour to present a balanced view of the various interests represented in their Association.

Where in a country there is no National Association of maritime law in existence, and an Organization in that country applies for membership to the Comite Maritime International, the Assembly may accept such Organization as a member of the Comite Maritime International if it is satisfied that the object of such Organization, or one of its objects, is the unification of maritime and commercial law, maritime customs, usages and practices.

Whenever reference is made in this Constitution to Member Associations, this will be deemed to include any Organization admitted as a member pursuant to this Article.

Only one Association or Organization in each country shall be eligible for membership, unless the Assembly otherwise decides. A multinational Association is eligible for membership only if there is no Member Association in any of its constituent countries.

2. Individual members of Associations may be appointed by the Assembly as Titulary Members of the Comite Maritime International upon the proposal of the Association concerned to the maximum number of eighteen per Member Association. The appointment shall be of an honorary nature and shall be decided having regard to the services rendered by the candidates to the Comite Maritime International and to the position which they have achieved in legal or maritime affairs. Titulary members shall not be entitled to vote.

3. Nationals of States where there is no Member Association in existence who are interested in the objects of the Comite Maritime International may be admitted as temporary members but shall not be entitled to vote.

4. International Organizations which are interested in the object of the Comite Maritime International may be admitted as members but shall not be entitled to vote.

Article 4 The Authorities of the Comite Maritime International are: (a) the President, (b) the Assembly, (c) the Executive Council.

Article 5 The Assembly shall consist of all members of the Comite Maritime International; Member Associations and International Organizations shall be represented by one delegate, who may be accompanied by a maximum of two assistants.

Article 6 The Assembly shall meet in March each year unless the Executive Council decides that the meeting will take place at any other date during the first half year, and also at any other time if requested by the President, by six of its Member Associations or by the Secretaries-General. At least eight weeks notice shall be given of such meetings.

Article 7 Matters to be dealt with by the Assembly, including nomination to vacant offices, shall be set out in the agenda accompanying notices of the meetings. Decisions may be taken on matters not set out in the agenda, other than amendments to this Constitution, provided no Member Association represented in the Assembly objects to such procedure.

In the Assembly each Member Association represented in the Assembly shall have one vote.

All decisions of the Assembly shall be taken by a simple majority of those members present and voting. However, amendments to this Constitution shall require a majority of all Member Associations. If a proposal for an amendment is not carried the Assembly may decide, by a simple majority, to reconvene with advance notice to all Member Associations of not less than eight weeks; at this second meeting decisions may be taken by a simple majority of those members present and voting.

Article 8 The functions of the Assembly are: (a) To elect the Officers of the Comite Maritime International and the members of the Executive Council; to appoint and to terminate the appointment of the Administrative Officer; (b) to admit new members and observers; (c) to fix the rates of members' contribution to the Comite Maritime International; (d) to consider and, if thought fit, to approve the accounts and the budget; (e) to consider reports of the Executive Council and to issue instructions on the future activity of the Comite Maritime International; (f) to call International Conferences; (g) to amend this Constitution; (h) to adopt bye-laws not inconsistent with the provisions of this Constitution.

Article 9 The Officers of the Comite Maritime International shall be: (a) the President, (b) one or more Vice-Presidents, (c) the Secretary-General (Executive), (d) the Secretary-General (Administrative) and (e) the Treasurer.

The Secretary-General (Administrative) may be the Treasurer at the same time.

The Officers of the Comite Maritime International shall be elected for a period of three years and shall be eligible for re-election.

Any Member Association whose representative is elected President or Vice-President may appoint an additional delegate to the Assembly.

Article 10 The President of the Comite Maritime International presides over the Assembly, the Executive Council and the International Conferences. He is an ex-officio member of any International Subcommittee and Working Group appointed by the Executive Council.

With the assistance of the Secretaries-General he carries out the resolutions of the Assembly and of the Executive Council, supervises the work of the International Subcommittees and Working Groups and represents the Comite Maritime International externally, in particular in keeping in touch with other International Organizations.

In general, his duty is to ensure the continuity and the development of the work of the Comite Maritime International.

Article 11 The Executive Council shall consist of: (a) the President, (b) the Secretary-General (Executive), (c) the Secretary-General (Administrative), (d) Six members (whether or not they be members of the Assembly) elected by the Assembly for a period of three years and eligible for re-election.

Article 12 The functions of the Executive Council are: (a) To maintain contact with: (i) the Officers of the Comite Maritime International, (ii) the Member Associations, (iii) appropriate Intergovernmental Organizations and other International Associations; (b) To prepare documents for: (i) Member Associations advising them of developments in the field of unification of maritime and commercial law and practice, (ii) Intergovernmental Organizations and other International Associations informing them of the views of the Comite Maritime International on the subject in question; (c) To initiate new work within the objects of the Comite Maritime International, to appoint Sub-committees and Working Groups to undertake such work and to supervise them; (d) To seek advice of specialists in its study of legal problems; (e) To widen the scope of membership of the Comite Maritime International; (f) To edit publications; (g) To carry into effect the decisions of the Assembly; (h) To report to the Assembly on the work done and on the initiatives adopted.

Article 13 Five members of the Executive Council shall constitute a quorum. The Executive Council may, however, make decisions without a meeting having been convened provided that all members are consulted. All decisions shall be taken by a simple majority vote. The President or, in his absence, the Secretary-General (Executive) shall have a casting vote where the votes are equally divided.

The Executive Council may delegate to working groups such of its work as it thinks fit. Reports of such working groups shall be submitted to the Executive Council and to no other body.

Article 14 The functions of the Administrative Officer, who may be a body corporate, are; (a) to convene all meetings of the Assembly, of International Conferences, and of International Subcommittees; (b) to circulate the agenda, minutes and reports of such meetings; (c) to make all necessary arrangements for such meetings; (d) to carry into effect the decisions of the Assembly and of the Executive Council; (e) to prepare the balance sheet and budget and to present the accounts not later than the 31st of January of each year; (f) to circulate all relevant reports and/or documents; (g) in general to carry out the day by day business of the secretariat of the Comite Maritime International.

Article 15 The Comite Maritime International shall meet in International Conferences upon the initiative of the Assembly and at least every four years for the purpose of discussing topics on an agenda drawn up by the Assembly.

The International Conference shall be composed of all members of the Comite Maritime International and such observers as are invited by the Executive Council.

Each Member Association which has the right to vote may be represented by seven delegates, exclusive of the delegate of that Association to the Assembly and his assistants and of Titulary Members. International Organizations members of the Comite Maritime International may be represented by two delegates.

Each Member Association shall have one vote; no other members or Officers of the Comite Maritime International shall have the right to vote.

The right to vote cannot be delegated by one Association to another.

The resolutions of International Conferences shall be taken by a simple majority of the Member Associations present and voting.

Article 16 The Administrative Officer shall receive a salary, as determined by the Executive Council.

Officers of the Comite Maritime International, Chairman of International Subcommittees and Working Groups, and members of the Executive Council are entitled to claim travelling expenses when travelling exclusively on behalf of the Comite Maritime International.

The Executive Council may also authorize the reimbursement of other expenses of the Officers of the Comite Maritime International.