The 1971 Convention On Civil Liability For Nuclear Material In The Field Of Maritime Transport

Original Language Title: Par 1971.gada Konvenciju par civiltiesisko atbildību kodolmateriālu jūras pārvadājumu jomā

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The Saeima has adopted and the President promulgated the following laws: The 1971 Convention on civil liability for nuclear material in the field of maritime transport, article 1. 17 December 1971 Convention on civil liability for maritime transport of nuclear materials (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The protection of the environment and regional development Ministry to coordinate the fulfilment of the obligations provided for in the Convention. 3. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 4. article. The Convention shall enter into force on its article 6 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by Parliament in 2001 on December gada13. The President of the Parliament instead of the President j. stream in 2001 Riga on December 21 the Convention Relating to Civil Liability in the Field of maritime carriage of Nuclear Material, 1971

The High Contracting Parties, Considering that the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and its Additional Protocol of 28 January 1964 (hereinafter referred to as "the Paris Convention") and the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear damage (hereinafter referred to as "the Vienna Convention") provides that , in the case of damage caused by a nuclear incident occurring in the course of maritime carriage of nuclear material covered by such Convention, the operator of a nuclear installation is the person liabl for such damage, Considering that similar provision will exist in the national law in force in certain States, Considering that the application of any preceding international Convention in the field of maritime transport is however maintained Desiro of ensuring that that the operator of a nuclear installation will be exclusively liabl for damage caused by a nuclear incident occurring in the course of maritime carriage of nuclear material, have agreed as follows: article 1 Any person who by virtue of an international convention or national law applicable in the field of maritime transport might be held liabl for damage caused by a nuclear incident shall be exonerated from such liability : (a) if the operator of a nuclear installation is liabl for such damage under either the Paris or the Vienna Convention, or (b) if the operator of a nuclear installation is liabl for such damage by virtue of a national law the liability each for such damage, provided that such law is in all respect as the person who favourabl may suffer damage as either the Paris or the Vienna Convention. Article 2 1. The exoneration provided for in article 1 shall also apply in respect of damage caused by a nuclear incident: (a) to the nuclear installation itself or to any property on the site of that installation which is used or to be used in Connexions with that installation, or (b) the means of transport upon which the nuclear material involved was at the time of the nuclear incident , for which the operator of the nuclear installation is not liabl because of his liability for such damage has been excluded pursuan to the provision of either the Paris or the Vienna Convention, or, in the cases referred to in article 1 (b), by the equivalent provision of the national law referred to therein. 2. The provision of paragraph 1 shall not, however, be affec the liability of any individual who has caused the damage by an act of omission done with intent to cause damage. Article 3 of the provision of the present Convention shall be affec the liability of the operator of a ship in respect of nuclear damage caused by a nuclear incident involving the nuclear fuel or radioactive products or of waste produced in such ship. Article 4 of the present Convention shall supersed any international Convention in the field of maritime transport which, at the date on which the present Convention is opened for signature, in force or open for signature, ratification or accession but only to the exten to that Convention would be in such a conflict with it. However, nothing in this article shall be affec the obligation of the Contracting Parties to the present Convention to non-Contracting States arising under such international Convention. Article 5 1. The present Convention shall be opened for signature in Brussels and remains open for signature in London at the headquarters of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as "the Organization") until 31 December 1972 and shall thereafter remain open for accession. 2. the States members of the United Nations or any of the Specialized agencies or of the International Atomic Energy Agency or the parties to the Statute of the International Court of Justice may become parties to the present 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. 3. 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. Article 6 1. The present Convention shall enter into force on the ninetieth day following the date on which five 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 any State which subsequently signs the present Convention without reservation as to ratification, acceptance or approval, or deposits its instrument of ratification, acceptance, approval or accession, the Convention shall come into force on the ninetieth day after the date of such signature or deposit. Article 7 1. The present Convention may be denounced by any Contracting Party to it at any time after the date on which the Convention comes into force for that State. 2. Denunciation shall be effected by a notification in writing delivered to the Secretary-General of the Organization. 3. A denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Secretary-General of the Organization. 4. Notwithstanding a denunciation by a Contracting Party to pursuan this article the provision of the present Convention shall continue to apply to any damage caused by a nuclear incident occurring before the denunciation takes effect. Article 8 1. The United Nations where it is the administering authority for a territory, or any Contracting Party to the present Convention responsible for the international relations of a territory, 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 Contracting Party which had 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 9 1 A Conference for the purpose of revising or amending the present Convention may be convened by the Organization. 2. The Organization shall conven a Conference of the Contracting Parties to the present Convention for revising or amending it at the request of not less than one-third of the Contracting Parties. Article 10 (A) Contracting Party may make reservations òàæó to those which it has validly made it to the Paris or the Vienna Convention. (A) reservations may be made at the time of signature, ratification, acceptance, approval or accession. Article 11 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 present Convention of: (i) each new signature and each deposit of an instrument together with the date thereof; (ii) any reservation made in conformity with the present Convention; (iii) the date of entry into force of the present Convention; (iv) any denunciation of the present Convention and the date on which it takes effect; (g) the extension of the present Convention to any territory under paragraph 1 of article 8 and of the termination of any such extensions under the provision 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 cop out of the present Convention to all Signatory States and to all States which have acceded to the present Convention. 3. As soon as the present Convention comes into force, a certified true copy thereof shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 12 of the present Convention is established in a single original in the English and French languages, both texts being equally authentic. Official translation in the Russian and Spanish languages shall be prepared by the Secretariat of the Organization and deposited with the signed original. In witness whereof the undersigned being duly authorized by their Governments to the respectiv for that purpose have signed the present Convention. Done at Brussels this seventeenth day of December 1971.

Convention on civil liability for maritime transport of nuclear material, 1971

The High Contracting Parties, considering that, on 29 July 1960 Paris Convention on civil liability in the field of nuclear energy and its 28 January 1964 addition Protocol (hereinafter referred to as ' the Paris Convention ') and 21 May 1963 Vienna Convention on civil liability for nuclear damage (hereinafter referred to as the ' Vienna Convention ') provides that, in case of nuclear material in the course of transport by sea, covered by those conventions, this has caused damage to a nuclear incident , the person in charge of such damage is the operator of a nuclear installation, taking into account that similar conditions are individual countries the existing national laws, taking into account, however, that applies any previous International Convention in the field of maritime transport, to ensure that only the operator of a nuclear installation will be responsible for maritime transport of nuclear material in the course of ongoing damage caused by a nuclear incident, agreed as follows: article 1 any person deemed responsible for the damage caused by a nuclear incident based on maritime transport to be used in the International Convention or national law, be relieved of this liability to the extent: (a) if the operator of a nuclear installation is liable for such damage under the Paris or the Vienna Convention, or (b) if the operator of a nuclear installation is liable for such damage, on the basis of national regulations, which establish the liability for such damage, provided that such law is in all respects as favourable to persons that may suffer from injury, as the Paris or the Vienna Convention. Article 2 in article 1 1 release is used also for damage caused by a nuclear incident: (a) the same nuclear installation or any property in this location of the equipment, which is used or to be used for this installation, or (b) the means of transport on which the nuclear material to a nuclear incident, for which the operator of a nuclear installation is liable because of his responsibility for such damage is excluded according to Paris or Vienna Convention or (b) 1 in the cases provided for in article by equivalent national legislation mentioned conditions. 2. the provisions of paragraph 1, however, does not affect any liability of the individual who has caused harm, negligent handling, in order to cause injury. Article 3 the provisions of this Convention shall not affect the liability of the operator for the kodolkuģ nuclear-related harm that is associated with such a vessel or vessels of the nuclear fuel cycle produce radioactive products or waste. Article 4 the date when this Convention is opened for signature, the Convention of any international conventions in the field of maritime transport, which is in force or open for signature, ratification or approval, but only if the Convention is in conflict with it; However, nothing in this article, this Convention does not affect the obligations of the Contracting Parties arising under the following international conventions, against countries that are not Member States of this Convention. 5. Article 1 this Convention shall be open for signature in Brussels and will remain open for signature in London Intergovernmental Maritime Consultative Organization Headquarters (hereafter referred to as "the Organization") to 31 December 1972 and then remain open for accession. 2. the Member States of the United Nations or any Specialized Agency or any of the Member States, the International Atomic Energy Agency Member States, or of any statute of the International Court of Justice, the parties may become parties to this Convention by: (a) signature without reservation as to ratification, acceptance or adoption; (b) signature subject to ratification, acceptance or acceptance, by joining with the ratification, acceptance or adoption; or (c) accession. 3. Ratification, acceptance, or accession exercise with this purpose the official document deposited with the Secretary-General. 6. Article 1 this Convention shall enter into force on the 90th day from the date on which five States have signed it either without reservation as to ratification, acceptance or adoption or have transferred possession of an instrument of ratification, acceptance, acceptance or accession with the Secretary-General. 2. Any State which then signed this Convention without reservation as to ratification, acceptance or adoption or deposit of an instrument of ratification, acceptance, acceptance or accession, the Convention shall enter into force on the 90th day after the date of such signature or of deposit of the date. 7. Article 1 any Contracting Party may denounce this Convention at any time after the date when the Convention enters into force in the country. 2. The denunciation shall be by written notification to the Secretary-General of the transfer. 3. The denunciation shall take effect one year, or such longer period of time that may be specified in the notification, from the time when the Secretary-General of the Organization. 4. Despite the denunciation of a Contracting Party under this article, the provisions of this Convention shall continue to apply to any damage caused by a nuclear incident, which takes place before the entry into force of the denunciation. 8. Article 1 of the United Nations, where it is the governing body of the territory, or any contracting party to this Convention, which is responsible for the international relations of territory, may at any time notify the Secretary-General of the Organization for the implementation of the Convention in this area. 2. this Convention from the date of receipt of the notification or from another date that may be prescribed in the notice, being introduced in that territory. 3. the United Nations or any Contracting Party which has made a declaration in accordance with paragraph 1 of this article, at any time after the date of implementation of the Convention in any territory may notify the Secretary-General of the Organization for the implementation of this Convention, any notice of termination of the named area. 4. this Convention shall cease to implement any mention in the notification area after one year or after a longer period of time as may be specified therein, after the date on which the Secretary-General receives notification. 9. Article 1. Organization may convene a conference with a goal to recycle or repair this Convention. 2. the Organization shall convene the Conference of the parties to the Convention, to recycle or repair by not less than one-third of the Contracting Parties of the request. Article 10 the Contracting Party can make reservations under those half done in accordance with the Paris or the Vienna Convention. Disclaimer may be expressed simultaneously with the signing, ratification, approval, acceptance or accession. 11. Article 1 of the Convention shall be deposited in the Secretary-General. 2. The Secretary-General: (a) inform all States which have signed or acceded to this Convention of: (i) each new signature and document storage, together with the date thereof; (ii) any reservation made under this Convention; (iii) the date of entry into force of this Convention; (iv) any denunciation of this Convention and the date on which it takes effect; (v) the implementation of this Convention to any territory in accordance with paragraph 1 of article 8 and the introduction of such termination in accordance with this article, stating in each case the date on which this Convention is implemented or discontinued to implement; (b) send a certified copy of this Convention, the right of all States which have signed this Convention, and to all States which are party to this Convention. 3. as soon as this Convention enters into force, the Secretary-General transmitted a copy of a properly approved by the United Nations Secretariat for registration and publication in accordance with the United Nations Charter article 102. Article 12 of this Convention, the original is in English and French, both texts being equally authentic. Official translation of the Russian and Spanish languages shall be prepared and deposited with the secretariat together with the signed original. On the evidence, the undersigned, which according to the Government, duly authorized for that purpose, have signed this Convention. Drawn up in 1971 in Brussels this seventeenth day of December.


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