INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEASIN CASES OF OIL POLLUTION CASUALTIES, BRUSSELS, NOVEMBER 29, 1969
INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEASIN CASES OF OIL POLLUTION CASUALTIES, BRUSSELS, NOVEMBER 29, 1969
Whole document
The States Parties to the present Convention,
Conscious of the need to protect the interests of their peoples
against the grave consequences of a maritime casualty resulting in danger
of oil pollution of sea and coastlines,
Convinced that under these circumstances measures of an exceptional
character to protect such interests might be necessary on the high seas
and that these measures do not affect the principle of freedom of the high
seas,
Have agreed as follows:
Article I
1. Parties to the present Convention may take such measures on the
high seas as may be necessary to prevent, mitigate or eliminate grave and
imminent danger to their coastline or related interests from pollution or
threat of pollution of the sea by oil, following upon a maritime casualty
or acts related to such a casualty, which may reasonably be expected to
result in major harmful consequences.
2. However, no measures shall be taken under the present Convention
against any warship or other ship owned or operated by a State and used,
for the time being, only on government non-commercial service.
Article II
For the purposes of the present Convention:
1. "maritime casualty" means a collision of ships, stranding or other
incident of navigation, or other occurrence on board a ship or external
to it resulting in material damage or imminent threat of material damage
to a ship or cargo;
2. "ship" means:
(a) any sea-going vessel of any type whatsoever, and
(b) any floating craft, with the exception of an installation or
device engaged in the exploration and exploitation of the resources of the
sea-bed and the ocean floor and the subsoil thereof;
3. "oil" means crude oil, fuel oil, diesel oil and lubricating oil;
4. "related interests" means the interests of a coastal State directly
affected or threatened by the maritime casualty, such as:
(a) maritime coastal, port or estuarine activities, including
fisheries activities, constituting an essential means of livelihood of the
persons concerned;
(b) tourist attractions of the area concerned;
(c) the health of the coastal population and the well-being of the
area concerned, including conservation of living marine resources and of
wildlife;
5. "Organization" means the Inter-Governmental Maritime Consultative
Organization.
Article III
When a coastal State is exercising the right to take measures in
accordance with Article I, the following provisions shall apply:
(a) before taking any measures, a coastal State shall proceed to
consultations with other States affected by the maritime casualty,
particularly with the flag State or States;
(b) the coastal State shall notify without delay the proposed
measures to any persons physical or corporate known to the coastal State,
or made known to it during the consultations, to have interests which can
reasonably be expected to be affected by those measures. The coastal State
shall take into account any views they may submit;
(c) before any measure is taken, the coastal State may proceed to
a consultation with independent experts, whose names shall be chosen from
a list maintained by the Organization;
(d) in cases of extreme urgency requiring measures to be taken
immediately, the coastal State may take measures rendered necessary by the
urgency of the situation, without prior notification or consultation or
without continuing consultations already begun;
(e) a coastal state shall, before taking such measures and during
their course, use its best endeavours to avoid any risk to human life, and
to afford persons in distress any assistance of which they may stand in
need, and in appropriate cases to facilitate the repatriation of ships'
crews, and to raise no obstacle thereto;
(f) measures which have been taken in application of Article I
shall be notified without delay to the States and to the known physical or
corporate persons concerned, as well as to the Secretary-General of the
Organization.
Article IV
1. Under the supervision of the Organization, there shall be set up
and maintained the list of experts contemplated by Article III of the
present Convention, and the Organization shall make necessary and
appropriate regulations in connection therewith, including the
determination of the required qualifications.
2. Nominations to the list may be made by Member States of the
Organization and by Parties to this Convention. The experts shall be paid
on the basis of services rendered by the States utilizing those services.
Article V
1. Measures taken by the coastal State in accordance with Article I
shall be proportionate to the damage actual or threatened to it.
2. Such measures shall not go beyond what is reasonably necessary to
achieve the end mentioned in Article I and shall cease as soon as that end
has been achieved; they shall not unnecessarily interfere with the rights
and interests of the flag State, third States and of any persons, physical
or corporate, concerned.
3. In considering whether the measures are proportionate to the
damage, account shall be taken of:
(a) the extent and probability of imminent damage if those
measures are not taken; and
(b) the likelihood of those measures being effective; and
(c) the extent of the damage which may be caused by such measures.
Article VI
Any Party which has taken measures in contravention of the provisions
of the present Convention causing damage to others, shall be obliged to
pay compensation to the extent of the damage caused by measures which
exceed those reasonably necessary to achieve the end mentioned in Article
I.
Article VII
Except as specifically provided, nothing in the present Convention
shall prejudice any otherwise applicable right, duty, privilege or
immunity or deprive any of the Parties or any interested physical or
corporate person of any remedy otherwise applicable.
Article VIII
1. Any controversy between the Parties as to whether measures taken
under Article I were in contravention of the provisions of the present
Convention, to whether compensation is obliged to be paid under Article
VI, and to the amount of such compensation shall, if settlement by
negotiation between the Parties involved or between the Party which took
the measures and the physical or corporate claimants has not been
possible, and if the Parties do not otherwise agree, be submitted upon
request of any of the Parties concerned to conciliation or, if
conciliation does not succeed, to arbitration, as set out in the Annex to
the present Convention.
2. The Party which took the measures shall not be entitled to refuse a
request for conciliation or arbitration under provisions of the preceding
paragraph solely on the grounds that any remedies under municipal law in
its own courts have not been exhausted.
Article IX
1. The present Convention shall remain open for signature until
December 31, 1970 and shall thereafter remain open for accession.
2. States Members of the United Nations or any of the Specialized
Agencies or of the International Atomic Energy Agency or Parties to the
Statute of the International Court of Justice may become Parties to this
Convention by:
(a) signature without reservation as to ratification, acceptance
or approval;
(b) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval;
or
(c) accession.
Article X
1. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the present
Convention with respect to all existing Parties or after the completion of
all measures required for the entry into force of the amendment with
respect to those Parties shall be deemed to apply to the Convention as
modified by the amendment.
Article XI
1. The present Convention shall enter into force on the ninetieth day
following the date on which Governments of fifteen States have either
signed it without reservation as to ratification, acceptance or approval
or have deposited instruments of ratification, acceptance, approval or
accession with the Secretary-General of the Organization.
2. For each State which subsequently ratifies, accepts, approves or
accedes to it the present Convention shall come into force on the
ninetieth day after deposit by such State of the appropriate instrument.
Article XII
1. The present Convention may be denounced by any Party at any time
after the date on which the Convention comes into force for that State.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer period as
may be specified in the instrument of denunciation, after its deposit with
the Secretary-General of the Organization.
Article XIII
1. The United Nations where it is the administering authority for a
territory, or any State Party to the present Convention responsible for
the international relations of a territory, shall as soon as possible
consult with the appropriate authorities of such territories or take such
other measures as may be appropriate, in order to extend the present
Convention to that territory and may at any time by notification in
writing to the Secretary-General of the Organization declare that the
present Convention shall extend to such territory.
2. The present Convention shall, from the date of receipt of the
notification or from such other date as may be specified in the
notification, extend to the territory named therein.
3. The United Nations, or any Party which has made a declaration under
paragraph 1 of this Article may at any time after the date on which the
Convention has been so extended to any territory declare by notification
in writing to the Secretary-General of the Organization that the present
Convention shall cease to extend to any such territory named in the
notification.
4. The present Convention shall cease to extend to any territory
mentioned in such notification one year, or such longer period as may be
specified therein, after the date of receipt of the notification by the
Secretary-General of the Organization.
Article XIV
1. A Conference for the purpose of revising or amending the present
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the States Parties
to the present Convention for revising or amending the present Convention
at the request of not less than one-third of the Parties.
Article XV
1. The present Convention shall be deposited with the
Secretary-General of the Organization.
2. The Secretary-General of the Organization shall:
(a) inform all States which have signed or acceded to the
Convention of:
(i) each new signature or deposit of instrument together with
the date thereof;
(ii) the deposit of any instrument of denunciation of this
Convention together with the date of the deposit;
(iii) the extension of the present Convention to any territory
under paragraph 1 of Article XIII and of the termination of any such
extension under the provisions of paragraph 4 of that Article stating in
each case the date on which the present Convention has been or will cease
to be so extended;
(b) transmit certified true copies of the present Convention to
all Signatory States and to all States which accede to the present
Convention.
Article XVI
As soon as the present Convention comes into force, the text shall be
transmitted by the Secretary-General of the Organization to the
Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
Article XVII
The present Convention is established in a single copy in the English
and French languages, both texts being equally authentic. Official
translations in the Russian and Spanish languages shall be prepared and
deposited with the signed original.
In witness whereof the undersigned being duly authorized by their
respective Governments for that purpose have signed the present
Convention.
Done at Brussels this twenty-ninth day of November, 1969.
ANNEX
CHAPTER I. CONCILIATION
Article 1
Provided the Parties concerned do not decide otherwise, the procedure
for conciliation shall be in accordance with the rules set out in this
Chapter.
Article 2
1. A Conciliation Commission shall be established upon the request of
one Party addressed to another in application of Article VIII of the
Convention.
2. The request for conciliation submitted by a Party shall consist of
a statement of the case together with any supporting documents.
3. If a procedure has been initiated between two Parties, any other
Party the nationals or property of which have been affected by the same
measures, or which is a coastal State having taken similar measures, may
join in the conciliation procedure by giving written notice to the Parties
which have originally initiated the procedure unless either of the latter
Parties object to such joinder.
Article 3
1. The Conciliation commission shall be composed of three members: one
nominated by the coastal State which took the measures, one nominated by
the State the nationals or property of which have been affected by those
measures and a third, who shall preside over the Commission and shall be
nominated by agreement between the two original members.
2. The Conciliators shall be selected from a list previously drawn up
in accordance with the procedure set out in Article 4 below.
3. If within a period of 60 days from the date of receipt of the
request for conciliation, the Party to which such request is made has not
given notice to the other Party to the controversy of the nomination of
the Conciliator for whose selection it is responsible, or if, within a
period of 30 days from the date of nomination of the second of the members
of the Commission to be designated by the Parties, the first two
Conciliators have not been able to designate by common agreement the
Chairmen of the Commission, the Secretary-General of the Organization
shall upon request of either Party and within a period of 30 days, proceed
to the required nomination. The members of the Commission thus nominated
shall be selected from the list prescribed in the preceding paragraph.
4. In no case shall the Chairman of the Commission be or have been a
national of one of the original Parties to the procedure, whatever the
method of his nomination.
Article 4
1. The list prescribed in Article 3 above shall consist of qualified
persons designated by the Parties and shall be kept up to date by the
Organization. Each Party may designate for inclusion on the list four
persons, who shall not necessarily be its nationals. The nominations shall
be for periods of six years each and shall be renewable.
2. In the case of the decease or resignation of a person whose name
appears on the list, the Party which nominated such person shall be
permitted to nominate a replacement for the remainder of the term of
office.
Article 5
1. Provided the Parties do not agree otherwise, the Conciliation
Commission shall establish its own procedures, which shall in all cases
permit a fair hearing. As regards examination, the Commission, unless it
unanimously decides otherwise, shall conform with the provisions of
Chapter III of The Hague Convention for the Peaceful Settlement of
International Disputes of October 18, 1907.
2. The Parties shall be represented before the Conciliation Commission
by agents whose duty shall be to act as intermediaries between the Parties
and the Commission. Each of the Parties may seek also the assistance of
advisers and experts nominated by it for this purpose and may request the
hearing of all persons whose evidence the Party considers useful.
3. The Commission shall have the right to request explanations from
agents. advisers and experts of the Parties as well as from any persons
whom, with the consent of their Governments, it may deem useful to call.
Article 6
Provided the Parties do not agree otherwise, decisions of the
Conciliation commission shall be taken by a majority vote and the
Commission shall not pronounce on the substance of the controversy unless
all its members are present.
Article 7
The Parties shall facilitate the work of the Conciliation Commission
and in particular, in accordance with their legislation, and using all
means at their disposal:
(a) provide the Commission with the necessary documents and
information;
(b) enable the Commission to enter their territory, to hear
witnesses or experts, and to visit the scene.
Article 8
The task of the Conciliation Commission will be to clarify the matters
under dispute, to assemble for this purpose all relevant information by
means of examination or other means, and to endeavour to reconcile the
Parties. After examining the case, the Commission shall communicate to the
Parties a recommendation which appears to the Commission to be appropriate
to the matter and shall fix a period of not more than 90 days within which
the Parties are called upon to state whether or not they accept the
recommendation.
Article 9
The recommendation shall be accompanied by a statement of reasons. If
the recommendation does not represent in whole or in part the unanimous
opinion of the Commission, any Conciliator shall be entitled to deliver a
separate opinion.
Article 10
A conciliation shall be deemed unsuccessful if, 90 days after the
Parties have been notified of the recommendation, either Party shall not
have notified the other Party of its acceptance of the recommendation.
Conciliation shall likewise by deemed unsuccessful if the Commission shall
not have been established within the period prescribed in the third
paragraph of Article 3 above, or provided the Parties have not agreed
otherwise, if the Commission shall not have issued its recommendation
within one year from the date on which the Chairman of the Commission was
nominated.
Article 11
1. Each member of the Commission shall receive remuneration for his
work, such remuneration to be fixed by agreement between the Parties which
shall each contribute an equal proportion.
2. Contributions for miscellaneous expenditure incurred by the work of
the Commission shall be apportioned in the same manner.
Article 12
The parties to the controversy may at any time during the conciliation
procedure decide in agreement to have recourse to a different procedure
for settlement of disputes.
CHAPTER II. ARBITRATION
Article 13
1. Arbitration procedure, unless the Parties decide otherwise, shall
be in accordance with the rules set out in this Chapter.
2. Where conciliation is unsuccessful, a request for arbitration may
only be made within a period of 180 days following the failure of
conciliation.
Article 14
The Arbitration Tribunal shall consist of three members: one
Arbitrator nominated by the coastal State which took the measures, one
Arbitrator nominated by the State the nationals or property of which have
been affected by those measures, and another Arbitrator who shall be
nominated by agreement between the two first-named, and shall act as its
Chairman.
Article 15
1. If, at the end of a period of 60 days from the nomination of the
second Arbitrator, the Chairman of the Tribunal shall not have been
nominated, the Secretary-General of the Organization upon request of
either Party shall within a further period of 60 days proceed to such
nomination, selecting from a list of qualified persons previously drawn up
in accordance with the provisions of Article 4 above. The list shall be
separate from the list of experts prescribed in Article IV of the
Convention and from the list of Conciliators prescribed in Article 4 of
the present Annex; the name of the same person may, however, appear both
on the list of Conciliators and on the list of Arbitrators. A person who
has acted as Conciliator in a dispute may not. however, be chosen to act
as Arbitrator in the same matter.
2. If, within a period of 60 days from the date of the receipt of the
request, one of the Parties shall not have nominated the member of the
Tribunal for whose designation it is responsible, the other Party may
directly inform the Secretary-General of the Organization who shall
nominate the Chairman of the Tribunal within a period of 60 days,
selecting him from the list prescribed in paragraph 1 of the present
Article.
3. The Chairman of the Tribunal shall, upon nomination, request the
Party which has not provided an Arbitrator, to do so in the same manner
and under the same conditions. If the Party does not make the required
nomination, the Chairman of the Tribunal shall request the
Secretary-General of the Organization to make the nomination in the form
and conditions prescribed in the preceding paragraph.
4. The Chairman of the Tribunal, if nominated under the provisions of
the present Article, shall not be or have been a national of one of the
Parties concerned, except with the consent of the other Party or Parties.
5. In the case of the decease or default of an Arbitrator for whose
nomination one of the Parties is responsible, the said Party shall
nominate a replacement within a period of 60 days from the date of decease
or default. Should the said Party not make the nomination, the
arbitration shall proceed under the remaining Arbitrators. In the case of
decease or default of the Chairman of the Tribunal, a replacement shall be
nominated in accordance with the provisions of Article 14 above, or in the
absence of agreement between the members of the Tribunal within a period
of 60 days of the decease or default, according to the provisions of the
present Article.
Article 16
If a procedure has been initiated between two Parties, any other
Party, the nationals or property of which have been affected by the same
measures or which is a coastal State having taken similar measures, may
join in the arbitration procedure by giving written notice to the Parties
which have originally initiated the procedure unless either of the latter
Parties object to such joinder.
Article 17
Any Arbitration Tribunal established under the provisions of the
present Annex shall decide its own rules of procedure.
Article 18
1. Decisions of the Tribunal both as to its procedure and its place of
meeting and as to any controversy laid before it, shall be taken by
majority vote of its members; the absence or abstention of one of the
members of the Tribunal for whose nomination the Parties were responsible
shall not constitute an impediment to the Tribunal reaching a decision. In
cases of equal voting, the Chairman shall cast the deciding vote.
2. The Parties shall facilitate the work of the Tribunal and in
particular, in accordance with their legislation, and using all means at
their disposal:
(a) provide the Tribunal with the necessary documents and
information;
(b) enable the Tribunal to enter their territory, to hear
witnesses or experts, and to visit the scene.
3. Absence or default of one Party shall not constitute an impediment
to the procedure.
Article 19
1. The award of the Tribunal shall be accompanied by a statement of
reasons. It shall be final and without appeal. The Parties shall
immediately comply with the award.
2. Any controversy which may arise between the Parties as regards
interpretation and execution of the award may be submitted by either Party
for judgement to the Tribunal which made the award, or, if it is not
available, to another Tribunal constituted for this purpose in the same
manner as the original Tribunal.
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