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REPLIES OF THE GOVERNMENTS
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Thirteenth Session, the question concerned is one for the Geneva Organisation, and the French Government considers that it is at Geneva that it should be definitely regulated.
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Reference to the Grey Report of 1929 shows that the majority of maritime nations have long possessed national regulations requiring that those who in whatever capacity are responsible for navigating a ship or running its engines should hold certificates. Such regulations are not possessed, however, by all maritime nations, and a single exception, as the Boz-kourt case shows, is dangerous for navigation. An international code has been established to enable seamen to understand each other: international regula- tions invoked by Turkey herself in the Lotus case fix rules for avoiding collisions. What then would be the use of such regulations if there were no assurance that they were known and observed by all navigators? It is essential, therefore, from the international standpoint, to require a minimum of professional capacity from the master of a ship, since, moreover, the sea is an international thoroughfare, and long-standing custom urges that maritime matters should be common to all countries bordering on the sea.
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The principle itself of an international agreement would thus appear to be beyond question, in view of the necessity of ensuring safety on highways of the sea. Its form and scope, however, can be matters for discussion. As a discussion of this kind took place at the Thirteenth Session of the Conference, it is desirable to consider how the agreement in view can be reached.
At the Thirteenth Session the French delegation adopted an attitude in this matter which has the entire approval of its Government. The French Government considers it essential that the agreement should be founded not on a mere Recom- mendation but on a Convention which would bind the high contracting parties, i.e. all maritime countries. As is indicated in the Questionnaire of the International Labour Office, this Convention would specify that national laws or regulations are to require certificates of professional capacity for employment as
(a) master or skipper,
(b) navigating officer in charge of a watch,
(c) chief engineer,
(d) engineer officer in charge of a watch.
In the case of almost all the contracting parties the obligation which the adoption of a Convention would involve could cause no difficulty, since it would merely embody in an
15
QUESTION 1
international instrument provisions which have been laid down in a great number of maritime countries, with a view to ensuring safety on sea routes. At present national regulations show certain discrepancies which it is desirable to remove, since they all have a common object and national amour propre could not be offended if an attempt were made to fill certain gaps or omissions. It is useless to pursue such considera- tions further before an international conference.
But the effect of an obligation of this kind with which the maritime nations already in possession of adequate regulations would conform would be and herein lies the whole origin of the question to impose on the few countries whose legislation is deficient a minimum of rules recognised as strictly necessary for the material and moral protection of navigators and passengers. Only the existence of a Convention by which they themselves are bound will enable the contracting parties to require that all maritime nations should accept a certain constraint based on the general interest of seamen, or, better still, of maritime trade as a whole.
The case would be otherwise if the matters treated in the Questionnaire were merely the subject of a Recommenda- tion, which has no binding force and the adoption of which depends entirely on the goodwill or otherwise of the authorities to which it is directed.
The French Government is therefore emphatically of opinion that a Draft Convention should be adopted.
As is contemplated in the Questionnaire, the Convention should make the possession of a certificate compulsory for the skilled persons referred to in Question 1, in so far as they are generally responsible for the navigation of a ship or running her engines.
As the definition of the duties performed is dealt with in Question 2, the French Government will state its opinion on the definitions in reply to that question. It has to observe, however, that by certificate it means a diploma, letter or other document issued by the Government concerned or its duly authorised agents, after examination, with a view to duties to be discharged on board ship.
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GERMANY
The reply is in the affirmative.
GREAT BRITAIN
His Majesty's Government consider that it would be impracticable to lay down, for international application,
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