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RS 0.747.331.51 International Convention of 10 April 1926 for the unification of certain rules concerning immunities of state ships (with protocol add.)

Original Language Title: RS 0.747.331.51 Convention internationale du 10 avril 1926 pour l’unification de certaines règles concernant les immunités de navires d’Etat (avec protocole add.)

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0.747.331.51

Original text

International Convention for the Unification of Certain Rules Relating to the Immunities of State Ships

Conclue in Brussels on 10 April 1926
Additional Protocol concluded in Brussels on 24 May 1934
Approved by the Federal Assembly on March 17, 1954
Instrument of accession deposited by Switzerland on 28 May 1954
Entry into force for Switzerland on 28 November 1954

(Status on 8 October 2007)

The President of the German Reich, His Majesty the King of the Belgians, the President of the Republic of Brazil, the President of the Republic of Chile, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the State of Estonia, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and the British Possessions beyond the Mers, Emperor of the Indies, His Serene Highness the Governor of the Kingdom of Hungary, His Majesty the King From Italy, Her Majesty the Emperor of Japan, the President of the Republic of Latvia, the President of the Republic of Mexico, Her Majesty the King of Norway, Her Majesty the Queen in the Netherlands, the President of the Republic of Poland, the President of the Portuguese Republic, Her Majesty the King of Romania, His Majesty the King of Serbs, Croats and Slovenes And Her Majesty the King of Sweden.

Having recognised the usefulness of establishing common accord with regard to certain uniform rules concerning the immunities of State ships, decided to conclude a Convention for this purpose and appointed for their Plenipotentiaries, namely:

(track signatures)

Which, if duly authorized, have agreed as follows:

Art. 1

Sea vessels belonging to or operated by States, cargo belonging to them, cargoes and passengers carried by State ships, as well as States that own or exploit those ships, or who are In respect of claims relating to the operation of such ships or the carriage of such cargoes, shall be subject to the same rules of liability and the same obligations as those applicable to ships, Private cargo and armaments.

Art. 2

For these responsibilities and obligations, the rules on the jurisdiction of the courts, legal proceedings and procedure are the same as for commercial vessels owned by private owners and for private cargoes And their owners.

Art. 3

§ 1. The provisions of the two preceding Articles shall not apply to warships, state yachts, surveillance vessels, hospital vessels, auxiliary vessels, supply ships and other vessels belonging to a State or Operated by him and assigned exclusively at the time of the birth of the debt, to a government and non-commercial service, and these vessels shall not be the subject of seizure, arrest or detention by any measure of justice or of any Judicial procedure "in rem".

However, the persons concerned have the right to bring their claims before the competent courts of the State, the owner of the ship or the operator, without the State being able to avail itself of its immunity:

1.
For the actions of the head of collision or other navigation accidents;
2.
For the actions of the Head of Assistance, Rescue and Common Damage;
3.
For the actions of the chief of repair, supplies or other contracts relating to the ship.

The same rules apply to cargo belonging to a State and carried on board the vessels referred to above.

3. Shipments belonging to a State and transported on board commercial vessels, for governmental and non-commercial purposes, shall not be the subject of seizure, arrest or detention by any measure of justice or of any procedure In rem.

However, the actions of the Head of Boating and Boating, Assistance and Rescue and Joint Damage, as well as the actions of the Chief of Contracts relating to such cargoes, may be continued before the Court of First Instance having jurisdiction in Under s. 2.

Art. 4

States may rely on all means of defence, limitation and limitation of liability available to private vessels and their owners.

If it is necessary to adapt or amend the provisions relating to these defences, limitations and limitations with a view to making them applicable to warships or State ships falling within the terms of Art. 3, a special agreement will be concluded for this purpose. Pending the necessary measures may be taken by national laws in accordance with the spirit and principles of this Convention.

Art. 5

If in the case of s. 3 There is, in the judgment of the Court of First Instance, a doubt concerning the governmental and non-commercial nature of the ship or cargo, the certificate signed by the diplomatic representative of the Contracting State to which the ship belongs or the Cargo, produced at the intervention of the State before the Courts and Tribunals of which the dispute is during, will be worth proof that the ship or cargo falls within the terms of Art. 3, but only in order to obtain the hand of seizure, arrest or detention ordered by court.

Art. 6

The provisions of this Convention shall be applied in each Contracting State subject to the reservation that the non-contracting States and their nationals are not entitled to benefit from the provisions of this Convention, or that the application shall be subject to the condition of reciprocity.

On the other hand, there is nothing to prevent a Contracting State from settling by its own laws the rights granted to its nationals before its courts.

Art. 7

In time of war each Contracting State reserves the right, by a declaration notified to the other Contracting States, to suspend the application of this Convention, in the sense that, in such a case, neither the ships owned or operated by He or the consignments belonging to him may not be the subject of any judgment, seizure or detention by a Court of Foreign Justice. However, the creditor will have the right to bring an action before the Court of First Instance under Art. 2 and 3.

Art. 8

Nothing in this Convention shall affect the rights of Contracting States to take the measures which may be ordered by the rights and duties of neutrality.

Art.

At the end of the two-year period not later than from the date of signature of the Convention, the Government of Belgium will enter into contact with the Governments of the High Contracting Parties who have declared themselves ready to ratify it, to the effect that To make a decision as to whether it should be brought into force. The ratifications will be deposited in Brussels on the date which will be determined by mutual agreement between the said Governments. The first deposit of ratifications will be recorded by a record signed by the representatives of the states taking part and by the Minister for Foreign Affairs of Belgium.

Subsequent filings shall be made by means of a written notification addressed to the Government of Belgium and accompanied by the instrument of ratification.

A certified copy of the minutes of the first deposit of ratification, of the notifications referred to in the preceding paragraph, as well as the instruments of ratification which shall accompany them shall be immediately, by the Government of Belgium And through diplomatic channels, given to those States which have signed or acceded to this Convention. In the cases referred to in the preceding paragraph, the said Government shall make known, at the same time, the date on which it received the notification.

Art. 10

Non-signatory States may accede to this Convention, whether or not they have been represented at the Brussels International Conference.

The State wishing to accede shall notify the Government of Belgium in writing by transmitting the Act of Accession, which shall be deposited in the archives of the Government.

The Belgian Government shall immediately transmit to all signatory States, or members, a certified copy of the notification and the act of accession, indicating the date on which it received the notification.

Art. 11

The High Contracting Parties may, at the time of signature, the deposit of ratifications or upon accession, declare that the acceptance that they give to this Convention does not apply, either to some or to none of the Dominions Stand-alone, colonies, possessions, protectorates or overseas territories, under their sovereignty or authority. Consequently, they may subsequently accede separately on behalf of one or other of these autonomous Dominions, colonies, possessions, protectorates or overseas territories, thus excluded in their original declaration. They may also, by complying with these provisions, denounce this Convention, separately for one or more of the autonomous Dominions, colonies, possessions, protectorates or overseas territories under their sovereignty or Authority.

Art. 12

In respect of the States which have participated in the first deposit of ratifications, this Convention shall have effect one year after the date of the record of that deposit. States which subsequently ratify or accede to it, as well as in cases where the implementation will take place at a later stage and in accordance with art. 11, it will have effect six months after the notifications provided for in Art. 9, para. 2, and art. 10, para. 2, will have been received by the Belgian Government.

Art. 13

Should one of the Contracting States wish to denounce this Convention, the denunciation shall be notified in writing to the Government of Belgium, which shall immediately transmit certified copies of the notification to all other States, in their Indicating the date on which it was received.

The denunciation shall have effect in respect of the State alone, which will have notified it and one year after the notification has been received by the Government of Belgium.

Art. 14 Additional Protocol

Each Contracting State shall have the option of provoing the meeting of a new conference in order to seek the improvements which could be made to this Convention.

Those States which would make use of this option would have to notify one year in advance of its intention to the other States, through the Belgian Government, which would convene the conference.

Done at Brussels, in one copy, on April 10, 1926.

(Suivent signatures)

Additional Protocol

The Governments that have signed the International Convention for the Unification of Certain Rules concerning the Immunities of the State Ships, having recognized the need to clarify certain provisions of this Act, have appointed the Plenipotentiaries Undersigned, which, after having received their full powers, recognized in good and due form, have agreed as follows:

I

Doubts were raised as to whether, and to what extent, the words "exploited by him" in s. 3 of the Convention, shall apply or could be interpreted as applying to ships affled by a State, either on time or on the voyage, the following declaration shall be made with a view to dispelling these doubts:

" Ships chartered by the States, either on time or on the voyage, provided that they are assigned exclusively to a governmental and non-commercial service, as well as the cargo that these ships carry cannot be seized, Arrest or detention of any kind, but such immunity shall be without prejudice to any other rights or remedies that may belong to the persons concerned. A certificate issued by the diplomatic representative of the State in question, as provided for in Art. 5 of the Convention, must also be submitted in this case proof of the nature of the service to which the ship is assigned. '

II

For the exception provided for in s. 3, para. I, it is understood that the ownership of the ship acquired by the State or the operation of the ship carried out by the State at the time of the measures of seizure, arrest or detention shall be assimilated to the existing property or to the operation performed at the time of the The birth of the debt.

Consequently, this Article may be invoked by States in favour of vessels belonging to or operated by them, at the time of seizure, arrest or detention measures, if they are assigned to an exclusively governmental service and not Business.

III

It is understood that nothing in the provisions of s. 5 of the Convention shall not prevent the Governments concerned from appearing themselves, in accordance with the procedure laid down in national laws, before the court seised of the dispute and producing the certificate provided for in that article.

IV

The Convention does not affect the rights and obligations of belligerents and neutrals, art. 7 does not in any way prejudice the jurisdiction of the duly constituted courts of catch.

V

It is understood that nothing in the provisions of s. 2 of the Convention shall not limit and in any way affect the application of national rules of procedure in cases or the State shall be a Party.

VI Scope of application 8 October 2007 Reservations

Where there is the question of evidence to be administered or documents to be produced, if, in the opinion of the Government concerned, similar evidence cannot be administered or similar documents produced without prejudice to interests Government may abstain on the grounds of safeguarding these national interests.

In witness whereof, the undersigned duly authorized by their Governments have signed this Additional Protocol which shall be considered an integral part of the Convention of 10 April 1926 to which it relates.

Done at Brussels, on 24 May 1934, in a single copy, which will remain in the archives of the Government of Belgium.

(Suivent signatures)

Scope of application 8 October 2007 1

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Germany A

27 June

1936

8 January

1937

Argentina

19 April

1961 A

19 October

1961

Belgium

8 January

1936

8 January

1937

Brazil

8 January

1936

8 January

1937

Chile

8 January

1936

8 January

1937

Cyprus

19 July

1988 A

19 January

1989

Congo, Kinshasa

17 July

1967 A

17 January

1968

Denmark

16 November

1950

May 16

1951

Egypt

17 February

1960 A

August 17

1960

Estonia

8 January

1936

8 January

1937

France

27 July

1955

27 January

1956

Greece

19 May

1951 A

19 November

1951

Hungary

8 January

1936

8 January

1937

Italy

27 January

1937

27 July

1937

Italian Colony

27 January

1937

27 July

1937

Libya

27 January

1937

27 January

1937

Luxembourg

18 February

1991 A

August 18

1991

Madagascar

July 13

1965 S

26 June

1960

Norway

April 25

1939

25 October

1939

Netherlands

July 8

1936

8 January

1937

Netherlands Antilles

July 8

1936

8 January

1937

Aruba

3 January

1986

1 Er January

1986

Poland

July 16

1976

16 January

1977

Portugal

27 June

1938

27 December

1938

United Kingdom *

3 July

1979

3 January

1980

Guernsey *

19 November

1987

19 May

1988

Isle of Man *

19 November

1987

19 May

1988

Jersey *

19 November

1987

19 May

1988

Somalia

27 January

1937

27 January

1937

Sweden

1 Er July

1938

1 Er January

1939

Switzerland

28 May

1954 A

28 November

1954

Suriname

July 8

1936

8 January

1937

Syria

8 October

1962 S

August 17

1960

Turkey

4 July

1955 A

4 January

1956

Uruguay

September 15

1970 A

15 March

1971

A

This Convention has been brought into force from 1 Er Nov 1953, between the Federal Republic of Germany, on the one hand, and the Allinked Powers, on the other, with the exception of Hungary, Poland and Romania.

*

Reservations, see below.


Reservations

United Kingdom

The United Kingdom reserves the right to apply s. 1 of the Convention to any action concerning a ship which falls within the jurisdiction of its courts in maritime matters, or its courts in any territory for which it is a party to the Convention.

The United Kingdom reserves the right, in respect of art. 2 of the Convention, to apply in proceedings concerning another High Contracting Party, or a ship of another High Contracting Party, the rules of procedure laid down in Chapter II of the European Convention on State Immunity 16 May 1972 2 .

In order to give effect to the provisions of any international agreement concluded with a non-contracting State, the United Kingdom reserves the right to make special provisions

(a)
With regard to the arrest or seizure of a ship or cargo belonging to the State, and
(b)
In order to prevent the said vessel or cargo from being seized or executed.

Ch. 5 of the AF of March 17, 1954 (RO 1954 767).


1 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).
2 RS 0.273.1


Status October 8, 2007