CYIL vol. 11 (2020)

MARTINA FILIPPIOVÁ CYIL 11 (2020) other possibilities, such as that the amendment may absorb Annex VI 8 , the described option is probably the most desirable from the legal perspective. Be that as it may, the approval of Annex VI by all Contracting Parties with consultative status at the time of its adoption is a prerequisite for Annex VI, even the amended one, to become legally binding. For these reasons, at every ATCM, a “tour de table” takes place with a view to fulfill paragraph 1 of Decision 1 (2005). 9 And as was stipulated in paragraph 2 of this decision, the ATCM makes a decision on the resumption of negotiations on the liability every five years. 10 The XLIII ATCM was to discuss this matter, but due to COVID-19 we will have to wait until next year for any decision regarding the possible review of limits and further changes to liability regime established under Annex VI.

Martina Filippiová *

8 This was the case of the 1973 International Convention for the Prevention of Pollution of Ships (MARPOL). It was adopted on 2 November 1972 at IMO. However, it was not yet in force, when the 1978 Protocol was adopted which absorbed the 1973 MARPOL Convention. 9 It reads as follows: “Decide to evaluate annually, from the adoption of Annex VI to the Protocol, progress towards its becoming effective in accordance with Article IX of the Antarctic Treaty, and what action may be necessary and appropriate to encourage Parties to approve the Annex in a timely fashion”. 10 Decision 4 (2010) and Decision 5 (2015). * This contribution was written in the author’s private capacity. Mgr. Martina Filippiová, LL.M. graduated from the Faculty of Law of University of West Bohemia in 2009. After several years of employment at the Ministry of Justice of the Czech Republic, she studied Public International Law at Utrecht University in the Kingdom of the Netherlands and received her LL.M. in 2014. Since 2015 she has been working for the Ministry of Foreign Affairs of the Czech Republic.

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