Imo international Maritime Law Institute
Conclusion: The Crucial Importance of Upbringing and Education
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5. Conclusion: The Crucial Importance of Upbringing and Education It is rather naive to expect lawyers to think and act ethically if they were not brought up and educated under the umbrella of moral values and virtues. Once they enroll to the school of law is already late if not too late but it is nevertheless strongly recommended to introduce an obligatory course on holistic legal ethics in the first year of under-graduate legal studies, accompanied by teaching ethical issues throughout the curriculum and perhaps an additional syllabus on ethics in the last year of law school, as well as during post-graduate studies and training for bar exam. I have already suggested elsewhere49 that such an approach could serve as a truly holistic method which would cover a number of issues, such as introduction to ethics, ethics and natural law, rhetoric and ethics, multiculturalism, equality, life, health, poverty, personal integrity, environment and climate change, civil disobedience, violence and terrorism, professional responsibility and ethical decision-making and “good lawyering”. A good, skillful and moral lawyer would feel and know it which international goals are of such a planetary and ethical importance they need to be achieved by mandatory rules; how to construe legally and ethically certain norms, standards and principles; how to implement international treaties in practice; how to adjudicate disputes in the name of justice, how to settle disputes by peaceful means and how to be professional, fair, honest and compassionate at all time. Is it too much to ask? Hope springs eternal … * Professor of Law, Head of Law Department, University of Ljubljana, Faculty of Maritime Studies and Transportation (Slovenia); Visiting Fellow and Member of the Board of Governors of the IMO International Maritime Law Institute (Malta); Secretary-General, Comité Maritime International (2003-2004), Minister of Transport of the Republic of Slovenia (2004); Deputy Speaker of the Slovenian Parliament (2004-2007). 1 Simon Blackburn, Ethics: A Very Short Introduction, Oxford University Press, Oxford 2001, p.1. 2 Ibidem, p. 20. 3 Peter Singer, Practical Ethics, Third Edition, Cambridge University Press, Cambridge, 2001, pp. 1-15. 4 I do not know the exact source of this quotation which is explained in detail in Mohandas Karamchand Gandhi, An Autobiography or the story of my experiment with truth, Penguin Books, London, 2007. 5 Hans Küng, Handbuch Weltethos: eine Vision und ihre Umsetzung, Piper, München, 2012; http://www.weltethos.org/index-en.php . 6 Declaration was signed at the Parliament of the World's Religions gathering in 1993 by more than 200 leaders from about 40 different faith traditions and spiritual communities. Since 1993 it has been signed by thousands more leaders and individuals around the world. As such, it established a common ground for people of faith to agree and to cooperate for the good of all. 7 Iuris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere. Ulp. D. 1, 1, 10, 1. 8 It is implied that the readers are familiar at least with the basic historical and philosophical elements of ethics, from Confucius to Singer, Sandel and many other scholars. Excellent starting point is The New Encyclopædia Britannica, Volume 18, Macropædia, Encyclopaedia Britannica, Inc., Chicago 1990, pp. 492-521 (Ethics). 9 http://www.imli.org . 10 Short and popular introduction to the modern law of the sea has been written by R.R. Churchill and A.V. Lowe, The Law of the Sea, Third Edition, Manchester University Press, Manchester, 1999. 11 See, e.g. William Tetley, International Maritime and Admiralty Law, International Shipping Publications, Éditions Yvon Blais, Cowansville, 2002. 12 Article 38 of the Statute of the International Court of Justice. http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0 . 13 Marry Ellen O’Connell, International Law’s Higher Ethical Norms, in Donald Earl Childress III (Ed.), The Role of Ethics in International Law, Cambridge University Press, New York, 2012, pp. 78-98. 14 Article 53 of the Vienna Convention on the Law of Treaties. 15 See the case law cited in O'Connell, supra, note 13, e.g. Barcelona Traction, Light & Power Co. (Belg. v. Spain), 1970 I.C.J. 3 (February 5) and Prosecutor v. Furundzija, Case No. IT-95-17/1-T, Trial Judgment, ¶ 155 (Int'l Crim. Trib. For the Former Yugoslavia, December 10, 1988). 16 Compare to Bert van Wee, Transport and Ethics: Ethics and the Evaluation of Transport Policies and Projects, Edward Elgar, Cheltenham, 2011. 17 Roger P. Alford and James Fallows Tierney, Moral Reasoning in International Law, published in Childress, supra, note 13, pp. 11-51. 18 Lawrence Kohlberg, Essays on Moral Development, Vo. 2, Harper & Row, New York, 1984. 19 Alford and Tierney, supra, note 17, pp. 25-29. 20 Ibidem, p. 37. 21 The Law of the Sea, Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, New York, 1997 (see Introduction and Preamble). 22 Article 300 of UNCLOS. 23 Myron H. Nordquist (Ed.), United Nations Convention on the Law of the Sea 1982 – A Commentary, Volume V, Martinus Nijhoff Publishers, Dordrecht, 2002, pp. 150-152. 24 Article 2(2) of the UN Charter. 25 Article 26 of the Vienna Convention on the Law of Treaties. 26 Nordquist, supra, note 23, p. 152; Certain German Interests in Polish Upper Silesia (Germany v. Poland), P.C.I.J., Ser. A, No. 7, at 30 (1926); Free Zones case (France/Switzerland), PCIJ, Ser. A/B, No. 46, at 167 (1932); the Nuclear Tests cases (interim protection) (Australia v. France; New Zealand v. France), 1973 I.C.J. Reports 99, 118. 27 Article 194 (2) of UNCLOS. 28 For instance, as to the importance of cooperation of the Adriatic states and the role of Barcelona Convention with its Protocols see Mitja Grbec, Extension of Coastal State jurisdiction in Enclosed or Semi-Enclosed Seas: An Adriatic Sea Perspective, doctoral thesis, IMO IMLI, Malta, 2010, pp. 223-268. 29 See Article 3(3) of the Treaty on European Union. 30 Article 293 (2) of UNCLOS. 31 Professor Attard has been Director of IMO IMLI for many years and he is also Judge at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg. 32 See Francesca Vella, Interview: Climate: the Common Heritage of Mankind, The Malta Independent Online, 12 January 2009, http://www.independent.com.mt/news.asp?newsitemid=81389 . 33 Article 1 of the UN Charter. 34 Ibidem. 35 Article 33 of the UN Charter. 36 Ibidem. 37 Articles 279 and 280 of UNCLOS. 38http://www.imo.org/KnowledgeCentre/HowAndWhereToFindIMOInformation/Pages/AbbreviationsOfIMOConventions.aspx . 39 http://www.uncitral.org/uncitral/uncitral_texts/transport_goods/2008rotterdam_rules.html . 40 See Resolution adopted by the UN General Assembly at 67th plenary meeting in December 2008, A/RES/63/122, and the Preamble of the Rotterdam Rules. 41 Article 2 of the Rotterdam Rules. 42 http://www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm . 43 Article VIII of MLC. Text of the convention is available at http://www.mlc2006.com/the_convention/MLC_Maritime_Labour_Convention,_2006_/ . 44 Article III of MLC. 45 Article IV of MLC. 46 See Sections 17-21 of the UK Marine Insurance Act 1906; Carter v. Boehm (1766) 3 Burr. 1905; Manifest Shipping Co. Ltd. v. Uni-Polaris Insurance Co. Ltd. and La Réunion Européene (The Star Sea) [2001] 1 Lloyd’s Rep. 389 (HL); Pan Atlantic Insurance Co. v. Pine Top Insurance Co. Ltd. [1995] 1 AC 501 (HL); Banque Financiere de la Cite SA v. Westgate Insurance Co. Ltd. [1991] 2 AC 249. 47 See Michael J. Sandel, What money can't buy: the moral limits of markets, Farrar, Straus and Giroux, New York, 2012. 48 For example, the 2002 Athens Protocol (sea), CVR convention (road) and CIV convention (railway). 49 Marko Pavliha, The Significance of Ethics in Legal Education: Towards the Holistic Method, Slovenian Law Review, Vol. VIII/No. 1-2, December 2011, pp. 115-135. See also the Roundtable on Legal Ethics in Legal Education: Should it be a Required Course?, Legal Ethics, Volume 14(1), Summer 2011. Directory: wp-content -> uploads -> 2012 2012 -> The Case Against the nypd’s Quota-Driven ‘Broken Windows’ Policing What Is It? 2012 -> Aa and na members Dying from Tobacco 2012 -> [Baby Crying] 01: 04 [Ching 2012 -> Unit Name / Nom de l’unité uic / ciu dates 2012 -> What We Owe Jehovah’s Witnesses 2012 -> Oceans Challenge Badge 2012 -> Canadian cycling olympians 2012 -> Greg landry, june olkowski and tom lysiak 2012 -> William goldman 2012 -> Does translocation and restocking confer any benefit to the European eel population? A review Download 289.87 Kb. Share with your friends:
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