IMO International Maritime Law Institute – how it began (2)
The esTabLIshMenT Of IMLI
The drafting of the host country agreement between the IMO and the government of Malta establishing IMLI followed the finalisation of the negotiations. The agreement was signed by IMO secretary general Chandrika Prasad Srivastava and parliamentary secretary Joe Fenech on May 13, 1988, at the IMO headquarters in London at a signing ceremony which I had the privilege to attend.
In June 1988, the IMO Council endorsed the agreement and authorised Srivastava to proceed with further action in relation to the establishment and operation of the institute on the understanding that the funding for the institute, aside from the costs borne by the government of Malta in accordance with the terms of the agreement, would be met from voluntary contributions, and no contribution would be made from the assessed budget of the IMO.
In this regard, following the promulgation of the statute of the institute on July 28, 1988, approaches were made by the IMO to a number of potential donors and action was taken to constitute the governing board of the institute, develop the institute’s course curriculum, and appoint the director, deputy director and staff of the institute.
Arrangements were also made by the IMO with more than 20 eminent maritime law specialists to provide their services free of fees as visiting professors at the institute. With regard to the curriculum, Srivastava tasked an international committee of experts composed of Thomas Mensah, Francesco Berlingieri, a professor and then president of the Comité Maritime International, and Louis Mbanefo, an eminent Nigerian shipping lawyer and legal draftsman, and assisted by David Attard, then adviser to the government, as secretary, with developing the institute’s course structure and subject modules.
The project to transform the former University of Malta Short Courses Centre into the premises of IMLI was successfully concluded on time and the institute was officially inaugurated by Srivastava on October 8, 1988, during a ceremony held at the new premises of IMLI, and attended by a number of dignitaries, including then prime minister Eddie Fenech Adami and parliamentary secretary Fenech.
During Srivastava’s visit to Malta to inaugurate the institute, the university conferred on him the degree of doctor of laws honoris causa at a ceremony held at the Old University church in Valletta. Srivastava was also the guest of honour at a
state dinner held at the Verdala Castle in Buskett. The first LL.M. course in international maritime law at IMLI began on October 2, 1989, under the direction of Patricia Birnie, the first director of IMLI. Nineteen students, including two Maltese students, namely Kevin Aquilina, now professor of law and formerly dean at the Faculty of Laws of the university, and Giovanni Griscti, now judge, attended the first course of studies, with fellowship funding offered by, among others, Canada, Japan, the Netherlands and the Commonwealth Secretariat. The latter, together with the Swiss government, made generous contributions to the operating costs of the institute.
In establishing IMLI, not all was plain sailing. Some senior members of the IMO Secretariat were not so favourable towards the establishment of another entity similar to the WMU. However, being the visionary he was, Srivastava ventured on because he believed in the specific mission and objectives of the institute, namely to provide suitably qualified persons, particularly from developing countries, with high-level specialised training in the whole spectrum of international maritime law with special emphasis on the drafting of legislation implementing the IMO conventions.
Furthermore, considering the fact that IMLI’s operation was and is still
dependent on donor funding, attracting donors to fund the institute’s operations and fellowships was a big challenge in its initial years as donors had to be convinced of IMLI’s valuable mission. In this regard, the institute itself, the IMO and the Maltese government worked tirelessly to attract donor funding for IMLI.
The belief of Srivastava and the other founding fathers of IMLI’s unique and specific mission was, however, justified throughout its years of existence. The institute went from strength to strength and has now established itself as a world-renowned centre of excellence for the training of specialists in international maritime law recognised by the United Nations General Assembly, and one of the cornerstones of IMO’s Technical Cooperation Programme. This would not have been possible without the hard work and dedication of many people and institutions, the generous contributions of the institute’s donors, as well as the unwavering support of successive Maltese governments that have hosted IMLI since its inception and supported it throughout its existence.
Although the many persons and institutions who contributed to the success of IMLI are too numerous, special mention should be made of the former IMO secretaries general who have served as the ex-officio chair of the institute’s governing board and took an active interest in IMLI; the various long-serving members of the board; the directors of the institute, particularly David Attard, who throughout his tenure has inter alia ensured the financial sustainability of the institute; IMO officials; IMLI academic and administrative staff; and the many visiting dedicated fellows, all internationally acknowledged experts in their fields, who have contributed to the institute’s academic success.
Throughout its existence, IMLI has been supported by generous donor contributions from various governments and organisations. Particularly noteworthy is the support of The Nippon Foundation of Japan which, for the past 20 years, has constantly supported IMLI by funding professorship and lectureship positions, as well as a large number of fellowships, and the fellowship funding provided by IMO’s Technical Cooperation Fund.
Similarly, the continuous support extended to the institute by Malta since its inception is remarkable. This is evidenced by the constant and unwavering support of successive different Maltese governments. Apart from providing the institute’s premises free of charge, which premises have throughout the years been extended and upgraded, Malta has consistently supported IMLI through financial and in-kind contributions. This is testimony to Malta’s steadfast commitment to the global maritime industry and to the objectives of the IMO.
Without any doubt, considering its humble beginnings, IMLI has turned out to be a success story. To date, it has trained 1,112 students from 152 countries and territories, and has created a talented network of international maritime law specialists, who are contributing to the effective implementation of international maritime instruments, thereby fulfilling the main objective behind the establishment of the institute.
Today, IMLI’s reputation precedes it. This is evidenced by the student intake which has increased exponentially. While this is testament to the high reputation of IMLI and its academic programmes, the increased student population also provides a challenge for the institute, IMO and particularly for Malta, as the host country, to ensure that the institute’s premises and facilities, which were designed for a small student cohort, are adequate for the current student numbers.
Bearing in mind the continuous support provided to IMLI by Malta since its inception, I have no doubt that the Maltese government would ensure that the institute is provided with the premises and facilities that befits such a prestigious institution, which has undoubtedly also put Malta on the map and enhanced its reputation as a maritime centre and a hospitable and generous country.
The institute went from strength to strength and has now established itself as a world-renowned centre of excellence
Jonathan Pace is former deputy director, Technical Cooperation Division, IMO, and former deputy executive director and registrar of ships at the Merchant Shipping Directorate of the Malta Maritime Authority (now Transport Malta).
This article is a revised version of a contribution by the author to the 2019 IMLI publication ‘Celebrating 30 Years in the service of the Rule of International Maritime Law’.