Key Benefits:
Original text
(Status on 16 August 2005)
1. The action of the head of a collision between seagoing ships or between seagoing ships and inland navigation vessels may be brought only:
2. It will be for the applicant to decide before which of the courts referred to in the preceding paragraph the action will be taken.
3. The plaintiff will not be able to bring in the same defendant a new action based on the same facts before another court without discontinuing the action already introduced.
The provisions of Art. 1 shall not affect the right of the Parties to take action on the basis of the collision before a court that they have chosen by common accord or to submit it to arbitration.
1. Conventional applications arising from the same collision may be brought before the court competent to hear the main action under Article 1.
2. In the case where there are more than one applicant, each person may bring his or her action before the court previously seized of an action arising from the same collision with the same party.
3. In the case of collision where more than one ship is involved, nothing in the provisions of this Convention precludes the court seised by application of the rules of art. 1 declares itself competent in accordance with the rules of jurisdiction of its national law to judge all actions brought by the same event.
This Convention extends to actions aimed at repairing the damage that, either by execution or omission of a manoeuvre, or by non-compliance with the regulations, a ship has caused either to another ship, to things or to persons On board, even though there would have been no collision.
Nothing prescribed in this Convention shall affect the rules of law which are in force in the Contracting States in respect of the collision of warships or ships belonging to the State or the service of The state.
This Convention shall have no effect in respect of actions arising out of the contract of carriage or any other contract.
This Convention shall not apply to the cases covered by the provisions of the Revised Convention on the Navigation of the Rhine of 17 October 1868 1 .
1 RS 0.747.224.101
The provisions of this Convention shall be applied in respect of all persons concerned, when all the vessels in question are nationals of the States of the High Contracting Parties.
However, it is understood that:
The High Contracting Parties undertake to submit to arbitration all disputes between States which may result from the interpretation or application of this Convention, without prejudice, however, to the obligations of the High Contracting Parties which Agreed to submit their disputes to the International Court of Justice.
This Convention shall be open for signature by the States represented at the Ninth Diplomatic Conference of Maritime Law. The minutes of signature will be drawn up by the Ministry of Foreign Affairs of Belgium.
This Convention shall be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of Belgium, which shall notify it of the deposit to all signatory and acceding States.
The present Convention shall enter into force between the first two States which have ratified it, six months after the date of the deposit of the second instrument of ratification.
B. For each signatory State ratifying the Convention after the second deposit, it shall enter into force six months after the date of the deposit of its instrument of ratification.
Any State not represented at the Ninth Diplomatic Conference of Maritime Law may accede to this Convention.
Accessions will be notified to the Ministry of Foreign Affairs of Belgium, which will notify all signatory and acceding states through diplomatic channels.
The Convention shall enter into force for the acceding State six months after the date of receipt of such notification, but not before the date of its entry into force as set out in Art. 12 A.
Any High Contracting Party may, at the expiration of the three-year period following the entry into force of this Convention, request the meeting of a Conference to decide on all proposals for the revision of The Convention.
Any High Contracting Party wishing to avail itself of this option will notify the Belgian Government which will convene the Conference within six months.
Each of the High Contracting Parties shall have the right to denounce this Convention at any time after its entry into force. However, such denunciation shall take effect only one year after the date of receipt of the notification of termination to the Government of Belgium, which shall notify the other Contracting Parties through diplomatic channels.
A. Any High Contracting Party may, at the time of ratification, accession, or at any time thereafter, notify in writing to the Government of Belgium that this Convention applies to the territories or to certain territories to which it assures International relations. The Convention shall be applicable to the said Territories six months after the date of receipt of such notification by the Ministry of Foreign Affairs of Belgium, but not before the date of entry into force of this Convention in respect of that High Contracting Party.
B. Any High Contracting Party that has entered into a declaration under subs. A Of this article, may at any time notify the Ministry of Foreign Affairs of Belgium that the Convention shall cease to apply to the Territory in question. Such denunciation shall take effect within the one-year period laid down in Art. 15.
C. The Ministry of Foreign Affairs of Belgium shall, through diplomatic channels, notify all signatory States and members of any notification received by it under this Article.
Done at Brussels, in a single copy in the English and French languages, both texts being equally authentic, on 10 May 1952.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
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Algeria |
August 18 |
1964 A |
18 February |
1965 |
Germany |
6 October |
1972 |
April 6 |
1973 |
Argentina |
19 April |
1961 A |
19 October |
1961 |
Belgium |
10 April |
1961 |
10 October |
1961 |
Cambodia * |
12 November |
1956 A |
12 May |
1957 |
Cameroon |
April 23 |
1958 A |
23 October |
1958 |
China |
||||
Hong Kong |
6 June |
1997 |
1 Er July |
1997 |
Macao |
18 October |
1999 |
20 December |
1999 |
Cyprus |
March 17 |
1994 A |
September 17 |
1994 |
Congo, Kinshasa |
17 July |
1967 A |
17 January |
1968 |
Costa Rica * |
July 13 |
1955 A |
13 January |
1956 |
Croatia |
July 30 |
1992 S |
8 October |
1991 |
Egypt |
August 24 |
1955 |
24 February |
1956 |
Spain |
8 December |
1953 |
September 14 |
1955 |
Fiji |
22 August |
1972 S |
10 October |
1970 |
France |
25 May |
1957 |
25 November |
1957 |
French Overseas Territories |
April 23 |
1958 A |
23 October |
1958 |
Greece |
15 March |
1965 |
September 15 |
1965 |
Ireland |
17 October |
1989 A |
April 17 |
1990 |
Italy |
9 November |
1979 |
9 May |
1980 |
Luxembourg |
18 February |
1991 A |
August 18 |
1991 |
Madagascar |
July 13 |
1965 S |
26 June |
1960 |
Morocco |
July 11 |
1990 A |
11 January |
1991 |
Nigeria |
7 November |
1963 A |
7 May |
1964 |
Paraguay |
22 November |
1967 A |
22 May |
1968 |
Poland |
March 14 |
1986 A |
September 14 |
1986 |
Portugal |
4 May |
1957 |
4 November |
1957 |
Romania |
28 November |
1995 A |
28 May |
1996 |
United Kingdom |
18 March |
1959 |
18 September |
1959 |
Anguilla |
12 May |
1965 A |
12 November |
1965 |
Bermuda |
30 May |
1963 A |
30 November |
1963 |
Gibraltar |
March 29 |
1963 A |
29 September |
1963 |
Guernsey |
8 December |
1966 A |
8 June |
1967 |
Isle of Man |
April 14 |
1993 |
14 October |
1993 |
Cayman Islands |
12 May |
1965 A |
12 November |
1965 |
Falkland Islands and Dependencies (South Georgia and South Sandwich Islands) |
17 October |
1969 A |
April 17 |
1970 |
Turks and Caicos Islands |
21 September |
1965 A |
21 March |
1966 |
British Virgin Islands |
March 29 |
1963 A |
29 September |
1963 |
Montserrat |
12 May |
1965 A |
12 November |
1965 |
St. Helena |
12 May |
1965 A |
12 November |
1965 |
Saint Lucia |
21 March |
1990 S |
22 February |
1979 |
Holy See |
10 August |
1956 |
10 February |
1957 |
Saint Vincent and the Grenadines |
29 October |
2001 S |
28 October |
1979 |
Solomon Islands |
September 17 |
1981 S |
7 July |
1978 |
Serbia and Montenegro |
March 14 |
1955 |
September 14 |
1955 |
Switzerland |
28 May |
1954 A |
September 14 |
1955 |
Syria |
1 Er August |
1974 A |
1 Er February |
1975 |
Togo |
April 23 |
1958 A |
23 October |
1958 |
Tonga |
13 June |
1978 A |
13 December |
1978 |
* |
Reservations and declarations, see below. |
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A |
From Sept. 29. From 1963 to 30 June 1997, the conv. Was applicable in Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the conv. Is also applicable to the Hong Kong SAR from 1 Er July 1997. |
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B |
Of the Sept 23. 1999 to 19 Dec. 1999, the conv. Was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 18 Oct. 1999, the conv. Is also applicable to the Macao SAR from 20 Dec. 1999. |
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Costa Rica
The Government of Costa Rica, by acceding to that Convention, reserves that the civil action of the Chief of Collision between seagoing ships or between seagoing ships and inland navigation vessels may be brought only before the Court of the habitual residence of the defendant or of the state whose vessel is flying the flag.
As a result, Costa Rica does not recognize as mandatory the let. (b) and (c) of the first paragraph of s. 1.
In accordance with the Code of Private International Law approved by the Sixth International Conference of the United States, which was held in Havana, Cuba, the Government of Costa Rica, by accepting this Convention, makes that express reservation that, in no way He shall not give up his jurisdiction or jurisdiction to apply the Costa Rican law on boarding in the high seas or in its territorial waters to the detriment of a Costa Rican ship.
Cambodia
As a matter of substance, Costa Rica.
1 Ch. 7 of the AF of March 17 1954 (RO 1954 767)