1991年联合国国际贸易运输港站经营人赔偿责任公约 UNITED NATIONS CONVENTION ON THE LIABILITY OF OPERATORS OF TRANS-PORT TERM

atesParties must communicate to the depositary the manner of calculation atthe time of signature or when depositing their instrument of ratification，acceptance， approval or accession and whenever there is a change in themanner of such calculation. FINAL CLAUSES

　　Article 17 Depositary

　　

The Secretary-General of the United Nations is the depositary of thisConvention.

　　Article 18 Signature， ratification， acceptance， approval， acces-sion

　　（1） This Convention is open for signature at the concluding meeting ofthe United Nations Conference on the Liability of Operators of TransportTerminals in International Trade and will remain open for signature by allStates at the Headquarters of the United Nations， New York， until 30 April1992.

　　（2） This Convention is subject to ratification， acceptance or approvalby the signatory States.

　　（3） This Convention is open to accession by all States which are notsignatory States as from the date it is open for signature.

　　（4） Instruments of ratification， acceptance， approval and accessionare to be deposited with the Secretary-General of the United Nations.

　　Article 19 Application to territorial units

　　（1） If a State has two or more territorial units in which differentsystems of law are applicable in relation to the matters dealt with inthis Convention， it may， at the time of signature， ratification，acceptance， approval or accession， declare that this Convention is toextend to all its territorial units or only to one or more of them， andmay at any time substitute another declaration for its earlierdeclaration.

　　（2） These declarations are to state expressly the territorial units towhich the Convention extends.

　　（3） If， by virtue of a declaration under this Article， this Conventionextends to one or more but not all of the territorial units of a StateParty， this Convention shall be applicable only if

　　（a） The transport-related services are performed by an operatorwhose place of business is located in a territorial unit to which theConvention extends， or

　　（b） The transport-related services are performed in a territorialunit to which the Convention extends， or

　　（c） According to the rules of private international law， thetransport-related services are governed by the law in force in aterritorial unit to which the Convention extends.

　　（4） If a State makes no declaration under paragraph （1） of thisArticle， the Convention is to extend to all territorial units of thatState.

　　Article 20 Effect of declaration

　　（1） Declarations made under Article 19 at the time of signature aresubject to confirmation upon ratification， acceptance or approval.

　　（2） Declarations and confirmations of declarations are to be inwriting and to be formally notified to the depositary.

　　（3） A declaration takes effect simultaneously with the entry intoforce of this Convention in respect of the State concerned. However， adeclaration of which the depositary receives formal notification aftersuch entry into force takes effect on the first day of the month followingthe expiration of six months after the date of its receipt by thedepositary.

　　（4） Any State which makes a declaration under Article 19 may withdrawit at any time by a formal notification in writing addressed to thedepositary. Such withdrawal takes effect on the first day of the monthfollowing the expiration of six months after the date of the receipt ofthe notification by the depositary.

　　Article 21 Reservations

　　No reservations may be made to this Convention.

　　Article 22 Entry into force

　　（1） This Convention enters into force on the first day of the monthfollowing the expiration of one year from the date of deposit of the fifthinstrument of ratification， acceptance， approval or accession.

　　（2） For each State which becomes a Contracting State to thisConvention after the date of the deposit of the fifth instrument ofratification， acceptance， approval or accession， this Convention entersinto force on the first day of the month following the expiration of oneyear after the date of the deposit of the appropriate instrument on behalfof that State.

　　（3） Each Sta

te Party shall apply the provisions of this Convention totransport-related services with respect to goods taken in charge by theoperator on or after the date of the entry into force of this Conventionin respect of that State.

　　Article 23 Revision and amendment

　　（1） At the request of not less than one third of the States Parties tothis Convention， the depositary shall convene a conference of theContracting States for revising or amending it.

　　（2） Any instrument of ratification， acceptance， approval or accessiondeposited after the entry into force of an amendment to this Convention isdeemed to apply to the Convention as amended.

　　Article 24 Revision of limitation amounts

　　（1） At the request of at least one quarter of the States Parties， thedepositary shall convene a meeting of a Committee composed of arepresentative from each Contracting State to consider increasing ordecreasing the amounts in Article 6.

　　（2） If this Convention enters into force more than five years after itwas opened for signature， the depositary shall convene a meeting of theCommittee within the first year after it enters into force.

　　（3） The meeting of the Committee shall take place on the occasion andat the location of the next session of the United Nations Commission onInternational Trade Law.

　　（4） In determining whether the limits should be amended， and if so， bywhat amount， the following criteria， determined on an international basis，and any other criteria considered to be relevant， shall be taken intoconsideration：

　　（a） The amount by which the limits of liability in anytransport-related convention have been amended；

　　（b） The value of goods handled by operators；

　　（c） The cost of transport-related services；

　　（d） Insurance rates， including for cargo insurance， liabilityinsurance for operators and insurance covering job-related injuries toworkmen；

　　（e） The average level of damages awarded against operators forloss of or damage to goods or delay in handing over goods； and

　　（f） The costs of electricity， fuel and other utilities.

　　（5） Amendments shall be adopted by the Committee by a two-thirdsmajority of its members present and voting.

　　（6） No amendment of the limits of liability under this Article may beconsidered less than five years from the date on which this Convention wasopened for signature.

　　（7） Any amendment adopted in accordance with paragraph （5） shall benotified by the depositary to all Contracting States. The amendment isdeemed to have been accepted at the end of a period of 18 months after ithas been notified， unless within that period not less than one third ofthe States that were States Parties at the time of the adoption of theamendment by the Committee have communicated to the depositary that theydo not accept the amendment. An amendment deemed to have been accepted inaccordance with this paragraph enters into force for all States Parties 18months after its acceptance.

　　（8） A State Party which has not accepted an amendment is neverthelessbound by it， unless such State denounces the present Convention at leastone month before the amendment enters into force. Such denunciation takeseffect when the amendment enters into force.

　　（9） When an amendment has been adopted in accordance with paragraph（5） but the 18month period for its acceptance has not yet expired， a Statewhich becomes a State Party to this Convention during that period is boundby the amendment if it enters into force. A State which becomes a StateParty after that period is bound by any amendment which has been acceptedin accordance with paragraph （7）。

　　（10） The applicable limit of liability is that which， in accordancewith the preceding paragraphs， is in effect on the date of the occurrencewhich caused the loss， damage or delay.

　　Article 25 Denunciation

　　（1） A State Party may denounce this

Convention at any time by means ofa notification in writing addressed to the depositary.

　　（2） Subject to paragraph （8） of Article 24， the denunciation takeseffect on the first day of the month following the expiration of one yearafter the notification is received by the depositary. Where a longerperiod is specified in the notification， the denunciation takes effectupon the expiration of such longer period after the notification isreceived by the depositary.

　　DONE AT VIENNA， this nineteenth day of April one thousand nine hundredand ninety-one， in a single original， of which the Arabic， Chinese，English， French， Russian and Spanish texts are equally authentic.

　　IN WITNESS WHEREOF the undersigned plenipotentiaries， being dulyauthorized by their respective Governments， have signed the presentConvention

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