INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RE-LATING TO PENAL JURISDICTION IN MATTERS OF COLLISION OR OTHER INCIDENTS OFNAVIGATION, 1952
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RE-LATING TO PENAL JURISDICTION IN MATTERS OF COLLISION OR OTHER INCIDENTS OFNAVIGATION, 1952
Whole document
THE HIGH CONTRACTING PARTIES,
Having recognised the advisability of establishing by agreement
certain uniform rules relating to penal jurisdiction in matters of
collision or other incidents of navigation, have decided to conclude a
Convention for this purpose and thereto have agreed as follows:
Article 1
In the event of a collision or any other incident of navigation
concerning a sea-going ship and involving the penal or disciplinary
responsibility of the master or of any other person in the service of the
ship, criminal or disciplinary proceedings may be instituted only before
the judicial or administrative authorities of the State of which the ship
was flying the flag at the time of the collision or other incident of
navigation.
Article 2
In the case provided for in the preceding Article, no arrest or
detention of the vessel shall be ordered, even as a measure of
investigation, by any authorities other than those whose flag the ship was
flying.
Article 3
Nothing contained in this Convention shall prevent any State from
permitting its own authorities, in cases of collision or other incidents
of navigation, to take any action in respect of certificates of competence
or licences issued by that State or to prosecute its own nationals for
offences committed while on board a ship flying the flag of another State.
Article 4
This Convention does not apply to collisions or other incidents of
navigation occurring within the limits of a port or in inland waters.
Furthermore the High Contracting Parties shall be at liberty, at the
time of signature, ratification or accession to the Convention, to
reserve to themselves the right to take proceedings in respect of offences
committed within their own territorial waters.
Article 5
The High Contracting Parties undertake to submit to arbitration any
disputes between States arising out of the interpretation or application
of this Convention, but this shall be without prejudice to the obligations
of those High Contracting Parties who have agreed to submit their disputes
to the International Court of Justice.
Article 6
This Convention shall be open for signature by the States represented
at the Ninth Diplomatic Conference on Maritime Law. The protocol of
signature shall be drawn up through the good offices of the Belgian
Ministry of Foreign Affairs.
Article 7
This Convention shall be ratified and the instruments of ratification
shall be deposited with the Belgian Ministry of Foreign Affairs which
shall notify all signatory and acceding States of the deposit of any such
instruments.
Article 8
(a) This Convention shall come into force between the two States which
first ratify it, six months after the date of the deposit of the second
instrument of ratification.
(b) This Convention shall come into force in respect of each signatory
State which ratifies it after the deposit of the second instrument of
ratification six months after the date of the deposit of the instrument of
ratification of that State.
Article 9
Any State not represented at the Ninth Diplomatic Conference on
Maritime Law may accede to this Convention.
The accession of any State shall be notified to the Belgian Ministry
of Foreign Affairs which shall inform through diplomatic channels all
signatory and acceding States of such notification.
The Convention shall come into force in respect of the acceding State
six months after the date of the receipt of such notification but not
before the Convention has come into force in accordance with the
provisions of Article 8(a).
Article 10
Any High Contracting Party may three years after the coming into force
of this Convention in respect of such High Contracting Party or at any
time thereafter request that a conference be convened in order to consider
amendments to the Convention.
Any High Contracting Party proposing to avail itself of this right
shall notify the Belgian Government which shall convene the conference
within six months thereafter.
Article 11
Any High Contracting Party shall have the right to denounce this
Convention at any time after the coming into force thereof in respect of
such High Contracting Party. This denunciation shall take effect one year
after the date on which notification thereof has been received by the
Belgian Government which shall inform through diplomatic channels all the
other High Contracting Parties of such notification.
Article 12
(a) Any High Contracting Party may at the time of its ratification of
or accession to this Convention or at any time thereafter declare by
written notification to the Belgian Ministry of Foreign Affairs that the
Convention shall extend to any of the territories for whose international
relations it is responsible. The Convention shall six months after the
date of the receipt of such notification by the Belgian Ministry of
Foreign Affairs extend to the territories named therein, but not before
the date of the coming into force of the Convention in respect of such
High Contracting Party.
(b) A High Contracting Party which has made a declaration under
paragraph (a) of this Article extending the Convention to any territory
for whose international relations it is responsible may at any time
thereafter declare by notification given to the Belgian Ministry of
Foreign Affairs that the Convention shall cease to extend to such
territory and the Convention shall one year after the receipt of the
notification by the Belgian Ministry of Foreign Affairs cease to extend
thereto.
(c) The Belgian Ministry of Foreign Affairs shall inform through
diplomatic channels all signatory and acceding States of any notification
received by it under this Article.
DONE AT BRUSSELS, in a single copy, May 10, 1952, in the French and
English languages, the two texts being equally authentic.
|
