Key Benefits:
Original text
Conclue in Brussels on 29 November 1969 Approved by the Federal Assembly on 9 March 1987 1 Instrument of ratification deposited by Switzerland on 15 December 1987 Entry into force for Switzerland 14 March 1988
(Status on February 2, 2012)
The States Parties to this Convention,
Aware of the need to protect the interests of their populations against the serious consequences of a sea accident resulting in the risk of pollution of the sea and coastline by hydrocarbons,
Convinced that, in such circumstances, exceptional measures may be necessary on the high seas in order to protect those interests and that such measures cannot affect the principle of the freedom of the high seas,
Agreed to the following:
Parties to this Convention may take the necessary measures on the high seas to prevent, mitigate or eliminate the serious and imminent danger to their coasts or related interests of pollution or threat of pollution The waters of the sea by the hydrocarbons as a result of a sea accident or the actions related to such an accident, which are likely to have very significant adverse consequences.
2. However, no action shall be taken under this Convention against warships or other ships belonging to or operated by a State and allocated exclusively, at that time, to a government service Non-commercial.
For the purposes of this Convention:
1 Since 22 May 1982, the Organization has been named "International Maritime Organization".
The right of a riparian State to take measures, in accordance with Article 1, shall be exercised under the following conditions:
1. Under the control of the Organization, shall be established and maintained the list of experts referred to in Article III of this Convention. The Organization shall lay down appropriate rules on this matter and shall determine the qualifications required.
(2) The member States of the Organization and the Parties to this Convention may submit names for the establishment of the list. The experts shall be remunerated by the States using them in accordance with the services provided.
(1) Intervention measures taken by the Riparian State in accordance with the provisions of Article 1 shall be proportionate to the damage that it has actually suffered or is under threat.
2. Such measures shall not go beyond those which can reasonably be regarded as necessary to achieve the purpose referred to in Article 1, and shall be terminated as soon as that goal has been achieved; they shall not encroach upon Without any need for the rights and interests of the flag State, third States or any other natural or legal person concerned.
3. The assessment of the proportionality of the measures taken, in relation to the damage, is made, taking into account:
Any Party to the Convention which has taken measures contrary to the provisions of this Convention, causing injury to others, shall be obliged to compensate it provided that the measures exceed what is reasonably necessary To achieve the purposes mentioned in Article 1.
Except as expressly provided otherwise, nothing in this Convention shall affect an obligation and shall prejudice any right, privilege or immunity otherwise provided for, or deprive any of the Parties or other natural or legal persons Interested in any remedy that it might otherwise dispose of.
1. Any dispute between the Parties as to whether the measures taken under Article 1 contravene the provisions of this Convention, whether a remedy is due under Article VI, as well as the amount of The compensation, if it could not be settled by negotiation between the Parties in question or between the Party which has taken the measures and the natural or legal persons seeking compensation, and unless the Parties decide otherwise, shall be submitted to the Request of one of the Parties involved in the conciliation or, in the event of a failure of conciliation, at arbitration, Under the conditions laid down in the Annex to this Convention.
(2) The Party which has taken the measures shall not have the right to postpone a request for conciliation or arbitration under the preceding paragraph on the sole ground that appeals to its own courts under its national law Have not all been exhausted.
(1) This Convention shall remain open for signature until 31 December 1970 and shall remain open for accession.
2. The member States of the United Nations, of any of its specialized agencies or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice may become parties to the Present Convention by:
(1) Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument 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 this Convention in respect of all States already party to the Convention or after the completion of all Measures required for the entry into force of the amendment in respect of the said States shall be deemed to apply to the Convention as amended by the amendment.
(1) This Convention shall enter into force on the ninetieth day after the date on which the governments of fifteen States have signed without reservation as to the ratification, acceptance or approval, or have deposited an instrument of Ratification, acceptance, approval or accession with the Secretary-General of the Organization.
2. For each State ratifying, accepting, approving or acceding to the Convention, it shall enter into force on the ninetieth day after the deposit by that State of the appropriate instrument.
(1) This Convention may be denounced by any of the Parties at any time from the date on which the Convention enters into force in respect of that State.
(2) Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization.
(3) Denunciation shall take effect one year after the date of the deposit of the instrument with the Secretary-General of the Organization or at the expiration of any longer period that may be specified in that instrument.
1. The United Nations when it assumes responsibility for the administration of a territory, or any State Party to this Convention for the International Relations of a Territory, shall consult as soon as possible Competent authorities of that territory or take any other appropriate action to extend the application of this Convention and may, at any time, by written notification addressed to the Secretary-General of the Organization, make known that This extension took place.
(2) The application of this Convention shall be extended to the territory designated in the notification from the date of receipt of this Convention or such other date as may be indicated.
(3) The United Nations, or any Party that has made a declaration under the first paragraph of this article, may at any time after the date on which the application of the Convention has been so extended to a territory, Know, by written notification addressed to the Secretary-General of the Organization that this Convention ceases to apply to the territory designated in the notification.
(4) This Convention shall cease to apply to the territory designated in the notification one year after the date of its receipt by the Secretary-General of the Organization or at the expiration of any other longer period specified in the notification.
(1) The Organization may convene a Conference to review or amend this Convention.
2. The Organization shall convene a conference of the States Parties to this Convention to review or amend this Convention at the request of at least one third of the Parties.
This Convention shall be deposited with the Secretary-General of the Organization.
2. The Secretary-General of the Organization
Upon entry into force of this Convention, the Secretary-General of the Organization shall transmit the text to the United Nations Secretariat for registration and publication in accordance with Article 102 of the Charter of the United Nations 1 .
This Convention shall be established in a single copy in the English and French languages, both texts being equally authentic. Official translations into Russian and Spanish languages shall be drawn up with the original copy bearing signatures.
In witness whereof, The undersigned, duly authorized to that effect by their Governments, have signed this Convention.
Done at Brussels, 27 November 1969.
(Suivent signatures)
Unless the Parties concerned agree otherwise, the conciliation procedure shall be organised in accordance with the provisions of this Chapter.
On request from one Party to another Party pursuant to Article VIII of the Convention, a Conciliation Commission shall be established.
2. The request for conciliation submitted by a Party shall contain the subject-matter of the request and all supporting documents in support of its case.
3. If proceedings have been initiated between two Parties, any other Party whose nationals or property have been affected by the measures considered, or which, in its capacity as a riparian State, has taken similar measures, may join the procedure By notifying in writing the Parties which are engaged in this procedure, unless one of them objects to it.
The Conciliation Commission shall consist of three members: a member appointed by the Riparian State who has taken the measures to intervene, a member appointed by the State of which the persons or goods affected by those measures belong, and a third member appointed by the State concerned. Member, appointed by common accord of the first two, who holds the Presidency of the Commission.
2. These conciliators shall be selected on a list of persons drawn up in advance in accordance with the procedure laid down in Article 4 below.
3. If within 60 days from the date of receipt of the request for conciliation, the Party to which it is addressed has not notified the other Party to the dispute the appointment of the conciliator whose choice is incumbent upon it, or if, in a 30 days, from the appointment of the second of the members of the Commission appointed by the Parties, the first two conciliators were not able to designate by common accord the President of the Commission, the Secretary-General of the Organization Shall, at the request of the Party most diligent and within 30 days, make the necessary appointments. The members of the Commission thus appointed shall be selected from the list referred to in the preceding paragraph.
4. In no case shall the President of the Commission have or have had the nationality of any of the Parties who have initiated the procedure, irrespective of the manner in which it is designated.
The list referred to in Article 3 above shall consist of qualified persons designated by the Parties and shall be maintained by the Organization. Each Party may designate four persons who are not necessarily its nationals on the list. Designations are made for renewable six-year periods.
2. In the event of the death or resignation of a person on the list, the Party that has appointed that person may appoint a replacement for the remainder of the term of office.
Unless otherwise agreed by the Parties, the Conciliation Commission shall establish its rules of procedure and, in all cases, the procedure shall be adversarial. In the field of inquiry, the Commission, unless it decides otherwise unanimously, complies with the provisions of Title III of the Hague Convention of 18 October 1907. 1 For the peaceful settlement of international conflicts.
2. The Parties shall be represented at the Conciliation Commission by agents having the task of acting as intermediaries between them and the Commission. Each Party may, in addition, be assisted by counsel and experts appointed by it to that effect and may request the hearing of any person whose testimony appears to it to be useful.
(3) The Commission shall have the right to request explanations from the agents, advisers and experts of the Parties, as well as to any person whom it deems advisable, with the consent of its Government.
Unless the Parties agree otherwise, the decisions of the Conciliation Commission shall be taken by a majority of the votes and the Commission shall not rule on the merits of the dispute unless all its members are present.
The Parties shall facilitate the work of the Conciliation Commission; to that end, in accordance with their legislation and by using means at their disposal, the Parties shall:
The task of the Conciliation Commission is to elucidate the issues in dispute, to gather all relevant information, by way of inquiry or otherwise, and to try to reconcile the Parties. After examining the case, it shall notify the Parties of the recommendation which it considers appropriate and shall provide them with a period of time not exceeding 90 days to signify their acceptance or rejection of the said recommendation.
The recommendation must be substantiated. If the recommendation does not reflect in whole or in part the unanimous opinion of the Commission, any conciliator shall have the right to make his or her opinion known separately.
The conciliation shall be deemed to have failed if, 90 days after the notification of the recommendation to the Parties, none of them has notified the other Party of its acceptance of the recommendation. Conciliation shall also be deemed to have failed if the Commission could not be constituted within the time limits provided for in the third paragraph of Article 3 above, or unless otherwise agreed by the Parties if the Commission has not made its recommendation in A period of one year from the date of appointment of the President of the Commission.
(1) Each member of the Commission shall receive an honoraria, the amount of which shall be determined by mutual agreement between the Parties, each of which shall bear an equal share.
2. The general costs of the operation of the Commission shall be allocated in the same way.
The parties to the dispute may at any time in the conciliation procedure decide by mutual agreement to resort to another dispute settlement procedure.
Unless otherwise provided by the Parties, the arbitration procedure shall be conducted in accordance with the provisions of this Chapter.
2. In the event of a failure of conciliation, the request for arbitration shall be made within 180 days following that failure.
The arbitral tribunal shall be composed of three members; an arbitrator appointed by the riparian State who has taken the intervention measures, an arbitrator appointed by the State of which the persons or property affected by those measures belong, and another arbitrator who assumes the Presidency of the court designated by mutual agreement by the first two.
(1) If, after a period of 60 days from the appointment of the second arbitrator, the President of the Tribunal has not been appointed, the Secretary-General of the Organization shall, at the request of the most diligent Party, proceed in a new period of 60 On a list of qualified persons, drawn up in advance in accordance with the conditions laid down in Article 4 above. This list is separate from the list of experts provided for in Article IV of the Convention and the list of conciliators provided for in Article 4 above, however, the same person may appear on the list of conciliators and on the list of arbitrators. A person who acted as conciliator in a dispute cannot, however, be chosen as an arbitrator in the same case.
(2) If, within 60 days from the date of receipt of the request, one of the Parties has not made the appointment of a member of the tribunal, the other Party may refer the matter directly to the Secretary-General of the Organization, Which provides for the appointment of the President of the Court within 60 days by choosing it from the list referred to in paragraph 1 of this Article.
(3) The President of the Court, upon his appointment, shall apply to the Party which has not constituted an arbitrator to do so in the same forms and conditions. If the President of the Court does not make such a designation, the President of the Tribunal shall request the Secretary-General of the Organization to provide for such designation in the forms and conditions set out in the preceding paragraph.
4. The President of the Court, if appointed under the provisions of this Article, shall not be or have been a national of one of the Parties, except with the consent of the other Party or Parties.
5. In the event of the death or failure of an arbitrator whose designation was the responsibility of a Party, the Party shall appoint its replacement within 60 days of the death or default. Otherwise, the procedure continues with the remaining arbitrators. In the event of the death or default of the President of the Court, his replacement shall be appointed under the conditions laid down in Article 14 above or, in the absence of agreement between the members of the court within 60 days of the death or default, under conditions Under this section.
If a procedure has been initiated between two Parties, any other Party whose nationals or property have been affected by the measures considered, or which in its capacity as a riparian State has taken similar measures, may join the procedure Arbitration by notifying in writing the Parties who have initiated this procedure unless one of them objects to it.
Any arbitral tribunal established under this Annex shall establish its own rules of procedure.
(1) The decisions of the court, both in its procedure and in the place of its meetings and on the dispute before it, shall be taken by a majority of the votes of its members, the absence or abstention of one of the members of the tribunal whose designation was The Parties shall not interfere with the possibility for the court to decide. In the event of a tie, the President shall have a casting vote.
2. The Parties shall facilitate the work of the Tribunal; to that end, in accordance with their legislation and by using the means at their disposal, the Parties shall:
(3) The absence or absence of a Party shall not preclude the proceedings.
1. The sentence of the court shall be reasoned. It is final and without recourse. The Parties shall comply without delay.
2. Any dispute which may arise between the Parties concerning the interpretation and enforcement of the award may be submitted by the Party most diligent to the judgment of the court which has rendered the judgment or, if the latter cannot be seized of it, of another Court constituted for this purpose in the same way as the first.
| States Parties |
Ratification Accession (A) Declaration of succession (S) Signature without reservation of ratification (If) |
Entry into force |
||
| South Africa |
1 Er July |
1986 A |
29 September |
1986 |
| Algeria |
21 November |
2011 A |
19 February |
2012 |
| Germany |
7 May |
1975 |
August 5 |
1975 |
| Angola |
4 October |
2001 A |
2 January |
2002 |
| Argentina |
April 21 |
1987 A |
July 20 |
1987 |
| Australia * |
7 November |
1983 |
5 February |
1984 |
| Bahamas |
July 22 |
1976 A |
20 October |
1976 |
| Bangladesh |
6 November |
1981 A |
4 February |
1982 |
| Barbados |
6 May |
1994 A |
August 4 |
1994 |
| Belgium |
21 October |
1971 |
6 May |
1975 |
| Benin |
1 Er November |
1985 A |
30 January |
1986 |
| Brazil |
January 18 |
2008 |
April 17 |
2008 |
| Bulgaria |
2 November |
1983 A |
31 January |
1984 |
| Cameroon |
14 May |
1984 |
August 12 |
1984 |
| Chile |
28 February |
1995 A |
29 May |
1995 |
| China |
23 February |
1990 A |
24 May |
1990 |
| Hong Kong A |
5 June |
1997 |
1 Er July |
1997 |
| Côte d' Ivoire |
8 January |
1988 |
7 April |
1988 |
| Croatia |
27 July |
1992 S |
8 October |
1991 |
| Cuba |
5 May |
1976 A |
August 3 |
1976 |
| Denmark |
18 December |
1970 If |
6 May |
1975 |
| Djibouti |
1 Er March |
1990 A |
30 May |
1990 |
| Egypt |
3 February |
1989 A |
4 May |
1989 |
| United Arab Emirates |
15 December |
1983 A |
March 14 |
1984 |
| Ecuador |
December 23 |
1976 A |
23 March |
1977 |
| Spain |
8 November |
1973 |
6 May |
1975 |
| Estonia |
May 16 |
2008 A |
August 14 |
2008 |
| United States |
21 February |
1974 |
6 May |
1975 |
| Guam |
9 September |
1975 |
6 May |
1975 |
| U.S. Virgin Islands |
9 September |
1975 |
6 May |
1975 |
| Puerto Rico |
9 September |
1975 |
6 May |
1975 |
| American Samoa |
9 September |
1975 |
6 May |
1975 |
| Territories under the jurisdiction of the Pacific Islands |
9 September |
1975 |
6 May |
1975 |
| Panama Canal Zone |
9 September |
1975 |
6 May |
1975 |
| Fiji |
August 15 |
1972 A |
6 May |
1975 |
| Finland |
September 6 |
1976 |
5 December |
1976 |
| France |
10 May |
1972 |
6 May |
1975 |
| Gabon |
21 January |
1982 A |
April 21 |
1982 |
| Georgia |
August 25 |
1995 A |
23 November |
1995 |
| Ghana |
20 April |
1978 |
19 July |
1978 |
| Equatorial Guinea |
24 April |
1996 A |
July 23 |
1996 |
| Guyana |
10 December |
1997 A |
10 March |
1998 |
| Marshall Islands |
October 16 |
1995 A |
14 January |
1996 |
| India |
June 16 |
2000 A |
September 14 |
2000 |
| Iran |
July 25 |
1997 A |
23 October |
1997 |
| Ireland |
August 21 |
1980 |
19 November |
1980 |
| Iceland |
17 July |
1980 |
15 October |
1980 |
| Italy |
February 27 |
1979 |
28 May |
1979 |
| Jamaica |
13 March |
1991 A |
11 June |
1991 |
| Japan |
April 6 |
1971 |
6 May |
1975 |
| Kuwait |
2 April |
1981 A |
1 Er July |
1981 |
| Latvia |
August 9 |
2001 A |
7 November |
2001 |
| Lebanon |
5 June |
1975 A |
3 September |
1975 |
| Liberia |
September 25 |
1972 A |
6 May |
1975 |
| Morocco |
April 11 |
1974 A |
6 May |
1975 |
| Mauritius |
17 December |
2002 |
March 17 |
2003 |
| Mauritania |
24 November |
1997 A |
22 February |
1998 |
| Mexico |
April 8 |
1976 A |
7 July |
1976 |
| Monaco |
24 February |
1975 |
6 May |
1975 |
| Montenegro |
3 June |
2006 S |
3 June |
2006 |
| Namibia |
12 March |
2004 A |
10 June |
2004 |
| Nicaragua |
15 November |
1994 A |
13 February |
1995 |
| Nigeria |
February 27 |
2004 A |
24 May |
2004 |
| Norway |
July 12 |
1972 A |
6 May |
1975 |
| New Zealand |
26 March |
1975 A |
6 May |
1975 |
| Oman |
24 January |
1985 A |
24 April |
1985 |
| Pakistan |
13 January |
1995 A |
13 April |
1995 |
| Panama |
7 January |
1976 |
April 6 |
1976 |
| Papua New Guinea |
12 March |
1980 A |
10 June |
1980 |
| Netherlands |
19 September |
1975 |
18 December |
1975 |
| Aruba |
24 December |
1985 |
1 Er January |
1986 |
| Curaçao |
19 September |
1975 |
18 December |
1975 |
| Caribbean (Bonaire, Sint Eustatius and Saba) |
19 September |
1975 |
18 December |
1975 |
| Sint Maarten |
19 September |
1975 |
18 December |
1975 |
| Poland |
1 Er June |
1976 |
August 30 |
1976 |
| Portugal |
February 15 |
1980 |
15 May |
1980 |
| Qatar |
2 June |
1988 A |
August 31 |
1988 |
| Dominican Republic |
5 February |
1975 |
6 May |
1975 |
| United Kingdom |
12 January |
1971 |
6 May |
1975 |
| Akrotiri and Dhekelia |
8 September |
1982 |
8 September |
1982 |
| Anguilla |
8 September |
1982 |
8 September |
1982 |
| Bermuda |
19 September |
1980 |
1 Er December |
1980 |
| Isle of Man |
27 June |
1995 |
27 June |
1995 |
| Cayman Islands |
8 September |
1982 |
8 September |
1982 |
| Falkland Islands and Dependencies (South Georgia and South Sandwich Islands) |
8 September |
1982 |
8 September |
1982 |
| Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn) |
8 September |
1982 |
8 September |
1982 |
| Turks and Caicos Islands |
8 September |
1982 |
8 September |
1982 |
| British Virgin Islands |
8 September |
1982 |
8 September |
1982 |
| Montserrat |
8 September |
1982 |
8 September |
1982 |
| St. Helena and Dependencies (Ascension and Tristan da Cunha) |
8 September |
1982 |
8 September |
1982 |
| British Antarctic Territory |
8 September |
1982 |
8 September |
1982 |
| Russia |
December 30 |
1974 A |
6 May |
1975 |
| Saint Lucia |
20 May |
2004 A |
18 May |
2004 |
| Saint Kitts and Nevis |
7 October |
2004 A |
5 January |
2005 |
| Saint Vincent and the Grenadines |
12 May |
1999 A |
10 August |
1999 |
| Senegal |
March 27 |
1972 A |
6 May |
1975 |
| Serbia |
April 27 |
1992 S |
3 May |
1976 |
| Slovenia |
12 November |
1992 S |
25 June |
1991 |
| Sri Lanka |
12 April |
1983 A |
July 11 |
1983 |
| Sweden |
February 8 |
1973 |
6 May |
1975 |
| Switzerland |
15 December |
1987 |
March 14 |
1988 |
| Suriname |
25 November |
1975 S |
25 November |
1975 |
| Syria |
February 6 |
1975 A |
6 May |
1975 |
| Tanzania |
May 16 |
2006 A |
August 14 |
2006 |
| Tonga |
1 Er February |
1996 A |
1 Er May |
1996 |
| Trinidad and Tobago |
6 March |
2000 A |
4 June |
2000 |
| Tunisia |
4 May |
1976 A |
2 August |
1976 |
| Ukraine |
3 January |
1994 S |
21 December |
1991 |
| Vanuatu |
September 14 |
1992 A |
13 December |
1992 |
| Yemen |
6 March |
1979 A |
4 June |
1976 |
| * |
Statement, see below. |
|||
| A |
From 6 May 1975 to 30 June 1997, the Convention was applicable to 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 5 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997. |
|||
1 RO 1988 1253, 1989 1174, 2003 2446, 2007 5201 and 2012 875. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
Australia
Australia recalls the statement made by the Australian delegation at the 1973 International Conference on Pollution of the Seas:
Becoming Party to the Convention, Australia is satisfied that it can still, in order to protect the areas and resources within its jurisdiction, take measures that are permitted under customary international law and that are In accordance with the Convention.
1 Art. 1 al. 1 let. A AF of March 9, 1987 (RO 1988 1240)
