CONVENTION FOR THE PROTECTION OF SUBMARINE CABLES, 1884
CONVENTION FOR THE PROTECTION OF SUBMARINE CABLES, 1884
Whole document
APPLICATION
Article 1
The present Convention shall be applicable, outside the territorial
waters, to all legally established submarine cables landed in the
territories, colonies or possessions of one or more of the High
Contracting Parties. INJURY TO CABLES TO BE PUNISHABLE
Article 2
The breaking or injury of a submarine cable, done wilfully or through
culpable negligence, and resulting in the total or partial interruption
or embarrassment of telegraphic communication, shall be a punishable
offence, but the punishment inflicted shall be no bar to a civil action
for damages.
This provision shall not apply to ruptures or injuries when the
parties guilty thereof have become so simply with the legitimate object of
saving their lives or their vessels, after having taken all necessary
precautions to avoid such ruptures or injuries.
Article 3
The High Contracting Parties agree to insist, as far as possible, when
they shall authorise the landing of a submarine cable, upon suitable
conditions of safety, both as regards the track of the cable and its
dimensions.
Article 4
The owner of a cable who, by the laying or repairing of that cable,
shall cause the breaking or injury of another cable, shall be required to
pay the cost of the repairs which such breaking or injury shall have
rendered necessary, but such payment shall not bar the enforcement, if
there be ground therefor, of Article 2 of this Convention.
Article 5
Vessels engaged in laying or repairing submarine cables must observe
the rules concerning signals that have been or shall be adopted, by common
consent, by the High Contracting Parties, with a view to preventing
collisions at sea.
When a vessel engaged in repairing a cable carries the said signals,
other vessels that see or are able to see those signals shall withdraw or
keep at a distance of at least one nautical mile from such vessel, in
order not to interfere with its operations.
Fishing gear and nets shall be kept at the same distance.
Nevertheless, a period of twenty-four hours at most shall be allowed
to fishing vessels that perceive or are able to perceive a telegraph ship
carrying the said signals, in order that they may be enabled to obey the
notice thus given, and no obstacle shall be placed in the way of their
operations during such period.
The operations of telegraph ships shall be finished as speedily as
possible.
Article 6
Vessels that see or are able to see buoys designed to show the
position of cables when the latter are being laid, are out of order, or
are broken, shall keep at a distance of one quarter of a nautical mile at
least from such buoys.
Fishing nets and gear shall be kept at the same distance.
LOSSES ON ACCOUNT OF CABLES
Article 7
Owners of ships or vessels who can prove that they have sacrificed an
anchor, a net, or any other implement used in fishing, in order to avoid
injuring a submarine cable, shall be indemnified by the owner of the
cable.
In order to be entitled to such indemnity, one must prepare, whenever
possible, immediately after the accident, in proof thereof, a statement
supported by the testimony of the men belonging to the crew; and the
captain of the vessel must, within twenty-four hours after arriving at the
first port of temporary entry, make his declaration to the competent
authorities. The latter shall give notice thereof to the consular
authorities of the nation to which the owner of the cable belongs.
COURT OF COUNTRY OF INFRACTING PARTY TO HAVE JURISDICTION
Article 8
The courts competent to take cognisance of infractions of this
Convention shall be those of the country to which the vessel on board of
which the infraction has been committed belongs.
It is, moreover, understood that, in cases in which the provision
contained in the foregoing paragraph cannot be carried out, the repression
of violations of this Convention shall take place, in each of the
Contracting States, in the case of its subjects or citizens in accordance
with the general rules of penal competence established by the special laws
of those states, or by international treaties.
PROSECUTION TO BE IN NAME OF STATE
Article 9
Prosecutions on account of the infractions contemplated in Article 2,
5 and 6 of this Convention, shall be instituted by the state or in its
name.
Article 10
Evidence of violations of this Convention may be obtained by all
methods of securing proof that are allowed by the laws of the country of
the court before which a case has been brought.
When the officers commanding the vessels of war or the vessels
specially commissioned for that purpose of one of the High Contracting
Parties, shall have reason to believe that an infraction of the measures
provided for by this Convention has been committed by a vessel other than
a vessel of war, they may require the Captain or Master to exhibit the
official documents furnishing evidence of the nationality of the said
vessel. Summary mention of such exhibition shall at once be made on the
documents exhibited.
Reports may, moreover be prepared by the said officers, whatever may
be the nationality of the inculpated vessel. These reports shall be drawn
up in the form and in the language in use in the country to which the
officer drawing them up belongs; they may be used as evidence in the
country in which they shall be invoked, and according to the laws of such
country. The accused parties and the witnesses shall have the right to add
or to cause to be added thereto, in their own language, any explanations
that they may deem proper; these declarations shall be duly signed.
Article 11
Proceedings and trial in cases of infractions of the provisions of
this Convention shall always take place as summarily as the laws and
regulations in force will permit.
Article 12
The High Contracting Parties engage to take or to propose to their
respective legislative bodies the measures necessary in order to secure
the execution of this Convention, and especially in order to cause the
punishment, either by fine or imprisonment, or both, of such persons as
may violate the provisions of Articles 2, 5 and 6.
Note: The U.S. statutes are collected in the U.S. Code, Title 47, ch,
2, sections 21
INTERCHANGE OF LAWS
Article 13
The High Contracting Parties shall communicate to each other such laws
as may already have been or as may hereafter be enacted in their
respective countries, relative to the subject of this Convention.
OTHER STATES MAY ADHERE
Article 14
States that have not taken part in this Convention shall be allowed to
adhere thereto, on their requesting to do so. Notice of such adhesion
shall be given, diplomatically, to the Government of the French Republic,
and by the latter to the other signatory Governments.
NOT TO AFFECT BELLIGERENTS
Article 15
It is understood that the stipulations of this Convention shall in no
wise affect the liberty of action of belligerents.
COMMENCEMENT AND TERMINATION
Article 16
This Convention shall take effect on such day as shall be agreed upon
by the High Contracting Parties.
It shall remain in force for five years from that day, and, in case
none of the High Contracting Parties shall have given notice, twelve
months previously to the expiration of the said period of five years, of
its intention to cause its effects to cease, it shall continue in force
for one year, and so on from year to year.
In case one of the Signatory Powers shall give notice of its desire
for the cessation of the effects of the Convention, such notice shall be
effective as regards the Power only.
RATIFICATION
Article 17
This Convention shall be ratified; its ratification shall be exchanged
at Paris as speedily as possible, and within one year at the latest.
In testimony whereof, the respective Plenipotentiaries have signed it,
and have thereunto affixed their seals.
ADDITIONAL ARTICLE
The stipulations of the Convention concluded this day for the
protection of submarine cables shall be applicable, according to Article
1, to the colonies and possessions of Her Britannic Majesty with the
exception of the following, to wit: Canada, Newfoundland, The Cape, Natal,
New South Wales, Victoria, Queensland, Tasmania, South Australia, West
Australia, New Zealand.
Nevertheless, the stipulations of the said Convention shall be
applicable to one of the above-named colonies or possessions, if, in its
name, a notification to that effect has been addressed by the
representative of Her Britannic Majesty at Paris to the Minister of
Foreign Affairs of France. COLONIES MAY ADHERE
Each of the above-named colonies or possessions that shall have
adhered to the said Convention, shall have the privilege of withdrawing
in the same manner as the contracting powers. In case one of the colonies
or possessions in question shall desire to withdraw from the Convention, a
notification to that effect shall be addressed by Her Britannic Majesty's
representative at Paris to the Minister of Foreign Affairs of France.
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