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RS 0.747.313.34 International Convention of 10 May 1952 for the Unification of Certain Rules on Criminal Jurisdiction in Matters of Collision and Other Navigation Events

Original Language Title: RS 0.747.313.34 Convention internationale du 10 mai 1952 pour l’unification de certaines règles relatives à la compétence pénale en matière d’abordage et autres événements de navigation

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0.747.313.34

Original text

International Convention for the Unification of Certain Rules on Criminal Jurisdiction in Matters of Collision and Other Navigation Events

Conclue to Brussels, 10 May 1952
Approved by the Federal Assembly on March 17, 1954 1
Instrument of accession deposited by Switzerland on 28 May 1954
Entry into force for Switzerland on 20 November 1955

(State on 12 August 2010)

The High Contracting Parties,

Having recognized the usefulness of establishing common agreement on certain uniform rules on criminal jurisdiction in respect of collision and other navigation events, have decided to conclude a convention to that effect and have agreed as follows:

Art. 1

In the event of boarding or any other navigation event concerning a seagoing ship and which is liable to incur the criminal or disciplinary responsibility of the master or any other person in the service of the ship, no further action shall be taken A case brought before the judicial or administrative authorities of the State whose vessel was carrying the flag at the time of the collision or the navigation event.

Art. 2

In the case referred to in the foregoing Article, no seizure or detention of the ship shall be ordered, even for measures of instruction, by authorities other than those whose flag the vessel was carrying.

Art. 3

Nothing in this Convention precludes a State in the case of collision or other navigation event from recognising its own authorities, the right to take any measures relating to certificates of competence and licences which it has Or to prosecute its nationals for offences committed while on board a ship bearing the flag of another State.

Art. 4

This Agreement shall not apply to collisions or other navigation events occurring in ports and rades and in inland waters.

In addition, the High Contracting Parties may, at the time of signature, the deposit of ratifications or upon accession to the Convention, reserve the right to prosecute offences committed in their own waters.

Art. 5

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.

Art. 6

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.

Art. 7

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.

Art. 8

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.

Art.

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. 8 A .

Art. 10

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 all proposals for the revision of the 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.

Art. 11

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.

Art. 12 Scope of application on 12 August 2010

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 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. 11.

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, on May 10, 1952, in the English and French languages, both texts being equally authentic.

(Suivent signatures)

Scope of application on 12 August 2010 2

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

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 A

10 June

1997

1 Er July

1997

Macao * B

6 December

1999

20 December

1999

Cyprus

March 17

1994

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

20 November

1955

Fiji *

22 August

1972 S

10 October

1970

France *

20 May

1955

20 November

1955

French Overseas Territories

April 23

1958 A

23 October

1958

Greece

15 March

1965

September 15

1965

Haiti

September 17

1954 A

20 November

1955

Italy *

9 November

1979

9 May

1980

Lebanon

19 July

1975

19 January

1976

Luxembourg

18 February

1991 A

August 18

1991

Madagascar

July 13

1965 S

26 June

1960

Morocco

July 11

1990 A

11 January

1991

Myanmar

July 8

1953 A

20 November

1955

Nigeria *

7 November

1963 A

7 May

1964

Paraguay

22 November

1967 A

22 May

1968

Netherlands *

25 June

1971

25 December

1971

Netherlands Antilles

25 June

1971

25 December

1971

Aruba

December 23

1985

1 Er January

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 *

29 May

1963 A

29 November

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 *

April 21

1956

21 October

1956

Slovenia

13 October

1993 S

25 June

1991

Switzerland

28 May

1954 A

20 November

1955

Suriname

25 June

1971

25 December

1971

Syria

10 July

1972 A

10 January

1973

Togo

April 23

1958 A

23 October

1958

Tonga *

13 June

1978 A

13 December

1978

Vietnam *

26 November

1955 A

26 May

1956

*

Reservations and declarations Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the website of the Government of Belgium: http://www.diplobel.fgov.be/fr/treaties/ou obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

From Sept. 29. 1963 to 30 June 1997, the Convention was applicable in Hong Kong on the basis of a declaration of 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 10 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997.

B

Of the Sept 23. 1999 to 19 Dec. 1999, the Convention 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 6 Dec. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.


1 Ch. 6 of the AF of March 17, 1954 (RO 1954 767).
2 RO 1973 565, 1982 1942, 1989 434, 1990 1702, 2005 3903 and 2010 3793. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status August 12, 2010