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修正1971年设立国际油污损害赔偿基金国际公约的1984年议定书(二)

2009-03-24 法律英语 来源:互联网 作者:

  Final clauses

  The final clauses of this Convention shall be Articles 28 to 39 of theProtocol of 1984 to the 1971 Fund Convention. References in thisConvention to Contracting States shall be taken to mean references to theContracting States of that Protocol.Article 27

  1. The 1971 Fund Convention and this Protocol shall, as between theParties to this Protocol, be read and interpreted together as one singleinstrument.

  2. Articles 1 to 36 quater of the 1971 Fund Convention as amended bythis Protocol shall be known as the International Convention on theEstablishment of an International Fund for Compensation for Oil PollutionDamage, 1984 (1984 Fund Convention)。

  FINAL CLAUSESArticle 28

  Signature, ratification, etc.

  1. This Protocol shall be open for signature at London from 1 December1984 to 30 November 1985 by any State which has signed the 1984 LiabilityConvention.

  2. Subject to paragraph 4, this Protocol shall be ratified, acceptedor approved by States which have signed it.

  3. Subject to paragraph 4, this Protocol is open for accession byStates which did not sign it.

  4. This Protocol may be ratified, accepted, approved or acceded to,only by States which have ratified, accepted, approved or acceded to the1984 Liability Convention.

  5. Ratification, acceptance, approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General of the Organization.

  6. A State which is a Party to this Protocol but is not a Party to the1971 Fund Convention shall be bound by the provisions of the 1971 FundConvention as amended by this Protocol in relation to other Partieshereto, but shall not be bound by the provisions of the 1971 FundConvention in relation to Parties thereto.

  7. Any instrument of ratification, acceptance, approval or accessiondeposited after the entry into force of an amendment to the 1971 FundConvention as amended by this Protocol shall be deemed to apply to theConvention so amended, as modified by such amendment.Article 29

  Information on contributing oil

  1. Before this Protocol comes into force for a State, that Stateshall, when depositing an instrument referred to in Article 28, paragraph5, and annually thereafter at a date to be determined by theSecretary-General of the Organization, communicate to him the name andaddress of any person who in respect of that State would be liable tocontribute to the Fund pursuant to Article 10 of the 1971 Fund Conventionas amended by this Protocol as well as data on the relevant quantities ofcontributing oil received by any such person in the territory of thatState during the preceding calendar year.

  2. During the transitional period, the Director shall, for Parties,communicate annually to the Secretary-General of the Orqanization data onquantities of contributing oil received by persons liable to contribute toFund pursuant to Article 10 of the 1971 Fund Convention as amended by thisProtocol.Article 30

  Entry into force

  1. This Protocol shall enter into force twelve months following thedate on which the following requirements are fulfilled:

  (a) at least eight States have deposited instruments ofratification, acceptance, approval or accession with the Secretary-Generalof the Organization; and

  (b) the Secretary-General of the Organization has receivedinformation in accordance with Article 29 that those persons who would beliable to contribute pursuant to Article 10 of the 1971 Fund Convention asamended by this Protocol have received during the preceding calendar yeara total quantity of at least 600 million tons of contributing oil.

  2. However, this Protocol shall not enter into force before the 1984Liability Convention has entered into force.

  3. For each State which ratifies, accepts, approves or accedes to thisProtocol after

the conditions in paragraph 1 for entry into force havebeen met, the Protocol shall enter into force twelve months following thedate of the deposit by such State of the appropriate instrument.

  4. Any State may, at the time of the deposit of its instrument ofratification, acceptance, approval or accession in respect of thisProtocol, declare that such instrument shall not take effect for thepurpose of this Article until the end of the six-month period in Article31.

  5. Any State which has made a declaration in accordance with thepreceding paragraph may withdraw it at any time by means of a notificationaddressed to the Secretary-General of the Organization. Any suchwithdrawal shall take effect on the date the notification is received,and any State making such a withdrawal shall be deemed to have depositedits instrument of ratification, acceptance, approval or accession inrespect of this Protocol on that date.

  6. Any State which has made a declaration under Article 13, paragraph2, of the Protocol of 1984 to the 1969 Liability Convention shall bedeemed to have also made a declaration under paragraph 4 of this Article.Withdrawal of declaration under the said Article 13, paragraph 2, shall bedeemed to constitute withdrawal also under paragraph 5 of this Article.Article 31

  Denunciation of 1969 and 1971 Conventions

  Subject to Article 30, within six months following the date on whichthe following requirements are fulfilled:

  (a) at least eight States have become Parties to this Protocol orhave deposited instruments of ratification, acceptance, approval oraccession with the Secretary-General of the Organization, whether or notsubject to Article 30, paragraph 4; and

  (b) the Secretary-General of the Organization has receivedinformation in accordance with Article 29 that those persons who are orwould be liable to contribute pursuant to Article 10 of the 1971 FundConvention as amended by this Protocol have received during the precedingcalendar year a total quantity of at least 750 million tons ofcontributing oil;

  Each Party to this Protocol and each State which has deposited aninstrument of ratification, acceptance, approval or accession, whether ornot subject to Article 30, paragraph 4, shall, if party thereto, denouncethe 1971 Fund Convention and the 1969 Liability Convention with effecttwelve months after the expiry of the above-mentioned six-month period.Article 32

  Revision and amendment

  1. A conference for the purpose of revising or amending the 1984 FundConvention may be convened by the Organization.

  2. The Organization shall convene a Conference of Contracting Statesfor the purpose of revising or amending the 1984 Fund Convention at therequest of not less than one-third of all Contracting States.Article 33

  Amendment of compensation limits

  1. Upon the request of at least one-quarter of the Contracting Statesany proposal to amend the limits of amounts of compensation laid down inArticle 4, paragraph 4, of the Convention as amended by this Protocolshall be circulated by the Secretary-General to all Members of theOrganization and to all Contracting States.

  2. Any amendment proposed and circulated as above shall be submittedto the Legal Committee of the Organization for consideration at a date atleast six months after the date of its circulation.

  3. All Contracting States to the Convention as amended by thisProtocol, whether or not Member of the Organization, shall be entitled toparticipate in the proceedings of the Legal Committee for theconsideration and adoption of amendments.

  4. Amendments shall be adopted by a two-thirds majority of theContracting States present and voting in the Legal Committee expanded asprovided for in paragraph 3 on condition that at least one-half of theContracting States shall be present at the time of voting.

  5. When acting on a proposal to amend

the limits, the Committee shalltake into account the experience of incidents and in particular the amountof damage resulting therefrom and changes in the monetary values. It shallalso take into account the relationship between the limits in Article 4,paragraph 4, of the Convention as amended by this Protocol and those inArticle V, paragraph 1 of the International Convention on Civil Liabilityfor Oil Pollution Damage, 1984.

  6. (a) No amendment of the limits under this Article may be consideredless than five years from the date on which this Protocol was opened forsignature nor less than five years from the date of entry into force of aprevious amendment under this Article. No amendment under this Articleshall be considered before this Protocol has entered into force.

  (b) No limit may be increased so as to exceed an amount whichcorresponds to the limit laid down in the Convention as amended by thisProtocol increased by six per cent per year calculate on a compound basisfrom the date on which this Protocol was opened for signature.

  (c) No limit may be increased so as to exceed an amount whichcorresponds to the limit laid down in the Convention as amended by thisProtocol multiplied by three.

  7. Any amendment adopted in accordance with paragraph 4 shall benotified by the Organization to all Contracting States. The amendmentshall be deemed to have been accepted at the end of a period of eighteenmonths after the date of notification unless within that period not lessthan one-quarter of the States that were Contracting States at the time ofthe adoption of the amendment by the Committee have communicated to theOrganization that they do not accept the amendment in which case theamendment is rejected and shall have no effect.

  8. An amendment deemed to have bee

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