Harbour Master is empowered to look after safety and security in the port,together with ship safety inspec tions and contingency plans.These are carried out apart from the traditional wide range of duties he has to perform in his position as Harbour Master.The above stated port operation system may be justified by the need for more port technical operators on the one side and the necessity for an effective co-ordination of key matters within the port operation on the other. Pros pects for the present maritime legislation lead us to consider the rules guiding the Togolese Shipper's Coun cil services.
3 . 2 . 3 — Tim e ISI sl t ± o xm a. 1 Slm±p>iDefr'''s
Couimcd. 1 L s l w s .
Following the ratiification of the Liner Code of conduct by the Togolese Government in 1977,two decisions were taken. One was to establish the country's National Ship per's CouncilCe) and the other was to define its status (9>.According to the above laws, the general assembly of the National Shipper's Counci 1(CNCT) comprises public and private shippers' represented in an equal number,the Director of the PAL and the heads of the state depart ments involved in one manner or another in maritime
transportation or in international commercejhowever the CNCT appears to be neither a private nor a semi-private institut ion.The President jof the Institution is state nominated, namely the Director of Maritime Affairs. Furthermore, and according to regulations,(10) the CNCT works under the auspices of the Minister of Transport who is empowered to reject the CNCT general assembly's decisions when he finds it necessary. CNCT is trying to obtain as low freight rate as possible from maritime conferences to the shippers' advantage.This interest is in conflict with that of the shipping companies the CNCT has to defend too. However it appears through the grea ter part of the above mentioned regulations that the main duty of the CNCT is to protect and to promote the country's infant shipping industry and mainly the natio nal fleet.According to the Ordinance,not only all natio nal shippers are necessarly members of the CNCT and the refore obliged by law to reserve the 40% of their cargo for national 1ines(art.2);but also art.3 gives rights to the national shipping companies to load,in return for a financial counterpart,the part of cargo the company is allocated, in case of an incapacity to collect it.Fur thermore, the national lines are given access,under the auspices of the CNCT,to cargo not generated by the con ference.As will be considered later,this practice in protecting the LDC infant shipping is appreciable and even seems to be encouraged by UNCTAD. Nevertheless one question remains as to how far the system go? So far the institution seems to be contradictory in its objective of implementing the 40-40-20 formula in the spirit of the UNCTAD Code.At this stage the problem is whether one should consider as insufficient the development of the UN Code in aiming to promote LDCs' shipping,or should the CNCT regulations to be adjusted.The provisions inc-
lude useful cooperation among shippers' councils in the region.May be such a strategy may help in solving the problem raised. The CNCT has been given other legal tools for its work.The interministerial Decision No 003 of March 2,1982 establishes the the member-cards of the Shippers' Council.As earlier stated the cards should be delivered by the President of the Council. In the same field the Decision No 25 of 6 November 1965 provides for rules guiding maritime cargo sharing in conformity with the UNCTAD Code spirit. This academic work does not allow further elaboration in this area.My task at this stage is to make a brief review of the whole regulated maritime field. The subsequent section is concerned with
the present fisheries regulations.
3 . 2 . ^ — F ' ± s l T . e j r ' ± e f S L e r g x s l a L t x c m
The Togolese fisheries' regulations are set up by law No 64/14 of July 11,1964.They include only 30 articles dealing with very broad aspects of marine fishing,prac
tice of fishing in fresh waters and the range of sanc tions to be applied to infringers using explosives and narcotics for fishing methods.
As for the species,their size,age and the total landing allowed,this aspect is waiting for an eventual
subsidiary legislation to become effective.The law does not refer either to the safety and security aspects of the fishing industry or to the impact of fishing on the sea and beaches .Just to raise a few points regarding the lack of present regulations,the latter stays mute on the following aspects:
^Technical survey of fishing vessels, ^Safety control of the small fishing boats.
wFishermen work environment,
^Training and social problems for fishermen ^Environmental pollution and and its probab le consequences within the neighbouring countries with respect to the new law of the sea(ll).
In spite of the lack of a legal tool,fisheries activi ties are being increasingly developed as has earlier been stated.lt appears to be an important maritime sec tor that urgently needs a legal framework to enhance the undertaken activities.This viewpoint is largely consi dered under the following developments.The present legal
set up is not to be concluded before a short statement of the remaining aspects of regulations in the same field is made.
3 - 2 - 5 — O t e r~ m a t jr x t ± m &
c c u r m e c t e c i d e c c x s x c o r x s
Though scarcely created,some remaining maritime related regulations should not be completely ignored.However they are not going to be subject to any discussion since it is difficult to have them all at hand.Their presen tation will serve to highlight the importance of cen tralising such rules into the maritime central coordi nation body,the Martime Directorate.To mention a few of them ,reference is made to the National Labour Legis lation and the Social Welfare Regulations that are app lied to civil workers as well as maritime personnel, the Ministerial Decisions and finally the Law establishing the extension of the the country's sea boundaries.The Togolese law of the sea matters are relevant to the
Ministry of Foreign Affairs.Ship agents, namely NAVITOGO and other maritime derived industries and companies, respect the country's code of investment but also apply, together vith their partners abroad, some unified inter national maritime commercial laws.
When calling on European ports, the national fleet app lies the International Maritime Safety Regulations required;therefore one is probably not wrong in obser ving that so far Togo implements the IMO safety minimum standards such as SOLAS,LL,STCW,MARP0L73/78 etc,even though the country is not yet party to any of these Con ventions .
This part of the study has laid the groundwork for a better understanding of the environment in which the national maritime industry operates.The presentation of the major characteristics of the industry and its impor tance to the national economy,has progressively highlighted a number of critical points on which the country is greatly concerned.Having reached the objecti ve of the first part of this document,that is the iden tification of the national maritime's basic problems,! will come now to the necessary tasks to be carried out to enhance the country's maritime economy and to ensure its overall maritime development.The concept of research developed in this paper is entirely relevant to the second part of this thesis and is presented under the following title:"New legal and institutional framework for TOGOLESE maritime development".
F ' o o t r T i C D t . e f S
1 . The colonisation policy aimed the cash crops develop ment in the occupied countries,to serve for indus
tries in the "metropolis"from where the colonies are obliged to import techniques for only exploitation and extraction of their underground resources to also be exported for processing.
2. Though they are subject to amendments,laws keep their