首页英语阅读阅读排行网站地图

1974年班轮公会行动守则公约(三)

2009-03-24 法律英语 来源:互联网 作者:
ion, acceptances, or rejections, including reasons therefor;

  (d) Furnish on request, and at their cost, copies of recommendationsand reasons for rejection to the shippers' organizations, conferences andGovernments, subject to the provisions of Article 40;

  (e) Make available information of a non-confidential nature oncompleted conciliation cases, and without attribution to the partiesconcerned, for the purposes of preparation of material for the ReviewConference referred to in Article 52; and

  (f) The other functions prescribed for the Registrar in Article 26,paragraph 1 (c) and Article 30, paragraphs 2 and 3.

  CHAPTER VII. FINAL CLAUSES

  Article 47 Implementation

  1. Each Contracting Party shall take such legislative or othermeasures as may be necessary to implement the present Convention.

  2. Each Contracting Party shall communicate to the Secretary-Generalof the United Nations, who shall be the depositary, the text of thelegislative or other measures which it has taken in order to implement thepresent Convention.

  Article 48 Signature, Ratification, Acceptance, Approval and Ac-cession

  1. The present Convention shall remain open for signature as from July1, 1974 until and including June 30, 1975 at United Nations Headquartersand shall thereafter remain open for accession.

  2. All States are entitled to become Contracting Parties to thepresent Convention by:

  [ At its 9th plenary meeting on 6 April 1974, the Conference adoptedthe following understanding recommended by its Third Main Committee:

  “In accordance with its terms, the present Convention will be open toparticipation by all States, and the Secretary-General of the UnitedNations will act as depositary. It is the understanding of the Conferencethat the Secretary-General, in discharging his functions as depositary ofa convention or other multilateral legally binding instrument with an”All-States“ clause, will follow the practice of the General Assembly ofthe United Nations in implementing such a clause and, whenever advisable,will request the opinion of the General Assembly before re

ceiving asignature or an instrument of ratification, acceptance, approval oraccession.”]

  (a) Signature subject to and followed by ratification, acceptance orapproval; or

  (b) Signature without reservation as to ratification, acceptance orapproval; or

  (c) Accession.

  3. Ratification, acceptance, approval or accession shall be effectedby the deposit of an instrument to this effect with the depositary.

  Article 49 Entry into Force

  1. The present Convention shall enter into force six months after thedate on which not less than 24 States, the combined tonnage of whichamounts to at least 25 per cent of world tonnage, have become ContractingParties to it in accordance with Article 48. For the purpose of thepresent Article the tonnage shall be deemed to be that contained inLloyd's Register of Shipping-Statistical Tables 1973, table 2 “WorldFleets-Analysis by Principal Types”, in respect to general cargo(including passenger/cargo) ships and container (fully cellular) ships,exclusive of the United States reserve fleet and the American and CanadianGreat Lakes fleets.

  [ The tonnage requirements for the purpose of Article 49, paragraph1 are set out in part two hereafter.]

  2. For each State which thereafter ratifies, accepts, approves oraccedes to it, the present Convention shall come into force six monthsafter deposit by such State of the appropriate instrument.

  3. Any State which becomes a Contracting Party to the presentConvention after the entry into force of an amendment shall, failing anexpression of a different intention by that State:

  (a) Be considered as a Party to the present Convention as amended; and

  (b) Be considered as a Party to the unamended Convention in relationto any Party to the present Convention not bound by the amendment.

  Article 50 Denunciation

  1. The present Convention may be denounced by any Contracting Party atany time after the expiration of a period of two years from the date onwhich the Convention has entered into force.

  2. Denunciation shall be notified to the depositary in writing, andshall take effect one year, or such longer period as may be specified inthe instrument of denunciation, after the date of receipt by thedepositary.

  Article 51 Amendments

  1. Any Contracting Party may propose one or more amendments to thepresent Convention by communicating the amendments to the depositary. Thedepositary shall circulate such amendments among the Contracting Parties,for their acceptance, and among States entitled to become ContractingParties to the present Convention which are not Contracting Parties, fortheir information.

  2. Each proposed amendment circulated in accordance with Article 51,paragraph 1 shall be deemed to have been accepted if no Contracting Partycommunicates an objection thereto to the depositary within 12 monthsfollowing the date of its circulation by the depositary. If a ContractingParty communicates an objection to the proposed amendment, such amendmentshall not be considered as accepted and shall not be put into effect.

  3. If no objection has been communicated, the amendment shall enterinto force for all Contracting Parties six months after the expiry date ofthe period of 12 months referred to in Article 51, paragraph 2.

  Article 52 Review Conferences

  1. A Review Conference shall be convened by the depositary five yearsfrom the date on which the present Convention comes into force to reviewthe working of the Convention, with particular reference to itsimplementation, and to consider and adopt appropriate amendments.

  2. The depositary shall, four years from the date on which the presentConvention comes into force, seek the views of all States entitled toattend the Review Conference and shall, on the basis of the viewsreceived, prepare and circulate a draft agenda as well as amendmentsproposed fo

r consideration by the Conference.

  3. Further review conferences shall be similarly convened every fiveyears, or at any time after the first Review Conference, at the request ofone-third of the Contracting Parties to the present Convention, unless thefirst Review Conference decides otherwise.

  4. Notwithstanding the provisions of Article 52, paragraph 1, if thepresent Convention has not entered into force five years from the date ofthe adoption of the Final Act of the United Nations Conference ofPlenipotentiaries on a Code of Conduct for Liner Conferences, a ReviewConference shall, at the request of one-third of the States entitled tobecome Contracting Parties to the present Convention, be convened by theSecretary-General of the United Nations, subject to the approval of theGeneral Assembly, in order to review the provisions of the Convention andits annex and to consider and adopt appropriate amendments.

  Article 53 Functions of the Depositary

  1. The depositary shall notify the signatory and acceding States of:

  (a) Signatures, ratifications, acceptances, approvals and accessionsin accordance with Article 48;

  (b) The date on which the present Convention enters into force inaccordance with Article 49;

  (c) Denunciations of the present Convention in accordance with Article50;

  (d) Reservations to the present Convention and the withdrawal ofreservations;

  (e) The text of the legislative or other measures which eachContracting Party has taken in order to implement the present Conventionin accordance with Article 47;

  (f) Proposed amendments and objections to proposed amendments inaccordance with Article 51; and

  (g) Entry into force of amendments in accordance with Article 51,paragraph 3.

  2. The depositary shall also undertake such actions as are necessaryunder Article 52.

  Article 54 Authentic Texts-Deposit

  The original of the present Convention, of which the Chinese, English,French, Russian and Spanish texts are equally authentic, will be depositedwith the Secretary-General of the United Nations.

  In witness whereof the undersigned, having been duly authorized tothis effect by their respective Governments, have signed the presentConvention, on the dates appearing opposite their signatures.

  ANNEX TO THE CONVENTIONModel rules of procedure for international mandatory conciliation

  Rule 1

  1. Any party wishing to institute conciliation proceedings under theCode shall address a request to that effect in writing, accompanied by astatement of claim to the other party, and copied to the Registrar.

  2. The statement of claim shall:

  (a) Designate precisely each party to the dispute and state theaddress of each;

  (b) Contain a summary statement of pertinent facts, the issues indispute and the claimant's proposal for the settlement of the dispute;

  (c) State whether an oral hearing is desired and, if so, and to theextent then known, the names and addresses of persons to give evidence,including experts' evidence, for the claimant;

  (d) Be accompanied by such supporting documentation and relevantagreements and arrangements entered into by the parties as the claimantmay consider necessary at the time of making the claim;

  (e) Indicate the number of conciliators required, any proposalconcerning the appointment of conciliators, or the name of the conciliatorappointed by the claimant in accordance with Article 32, paragraph 2; and

  (f) Contain proposals, if any, r

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/