1978年联合国海上货物运输公约（二）

cting State shall apply the provisions of thisConvention to contracts of carriage by sea concluded on or after the dateof the entry into force of this Convention in respect of that State.

　　Article 31. Denunciation of other conventions

　　1. Upon becoming a Contracting State to this Convention， a

ny StateParty to the International Convention for the Unification of Certain Rulesrelating to Bills of Lading signed at Brussels on Aug. 25， 1924 （1924Convention） must notify the Government of Belgium as the depositary of the1924 Convention of its denunciation of the said Convention with adeclaration that the denunciation is to take effect as from the date whenthis Convention enters into force in respect of that State.

　　2. Upon the entry into force of this Convention under para. 1 of Art.30， the depositary of this Convention must notify the Government ofBelgium as the depositary of the 1924 Convention of the date of such entryinto force， and of the names of the Contracting States in respect of whichthe Convention has entered into force.

　　3. The provisions of paras. 1 and 2 of this Article applycorrespondingly in respect of States Parties to the Protocol signed onFeb. 23， 1968， to amend the International Convention for the Unificationof Certain Rules relating to Bill of Lading signed at Brussels on Aug. 25， 1924.

　　4. Notwithstanding Art. 2 of this Convention， for the purposes ofpara. 1 of this Article， a Contracting State may， if it deems itdesirable， defer the denunciation of the 1924 Convention as modified bythe 1968 Protocol for a maximum period of five years from the entry intoforce of this Convention. It will then notify the Government of Belgium ofits intention. During this transitory period， it must apply to theContracting States this Convention to the exclusion of any other one.

　　Article 32. Revision and amendment

　　1. At the request of not less than one-third of the Contracting Statesto this 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，is deemed to apply to the Convention as amended.

　　Article 33. Revision of the limitation amounts and unit of accountormonetary unit

　　1. Notwithstanding the provisions of Art. 32， a conference only forthe purpose of altering the amount specified in Art. 6 and para. 2 of Art.26， or of substituting either or both of the units defined in paras. 1 and3 of Art. 26 by other units is to be convened by the depositary inaccordance with para. 2 of this Article. An alteration of the amountsshall be made only because of a significant change in their real value.

　　2. A revision conference is to be convened by the depositary when notless than one-fourth of the Contracting States so request.

　　3. Any decision by the conference must be taken by a two-thirdsmajority of the participating States. The amendment is communicated by thedepositary to all the Contracting States for acceptance and to all theStates signatories of the Convention for information.

　　4. Any amendment adopted enters into force on the first day of themonth following one year after its acceptance by two-thirds of theContracting States. Acceptance is to be effected by the deposit of aformal instrument to that effect， with the depositary.

　　5. After entry into force of an amendment a Contracting State whichhas accepted the amendment is entitled to apply the Convention as amendedin its relations with Contracting States which have not within six monthsafter the adoption of the amendment notified the depositary that they arenot bound by the amendment.

　　6. Any instrument of ratification， acceptance， approval or accessiondeposited after the entry into force of an amendment to this Convention，is deemed to apply to the Convention as amended.

　　Article 34. Denunciation

　　1. A Contracting State may denounce this Convention at any time bymeans of a notification in writing addressed to the depositary.

　　2. The denunciation takes effect on the first day of the monthfollowing the expiration of one year after the notific

ation is received bythe depositary. Where a longer period is specified in the notification，the denunciation takes effect upon the expiration of such longer periodafter the notification is received by the depositary.

　　DONE at Hamburg， this thirty-first day of March one thousand ninehundred and seventy-eight， 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.

　　ANNEX COMMON UNDERSTANDING ADOPTED BY THE UNITED NATIONS CON-FERENCE ON THE CARRIAGE OF GOODS BY SEA

　　It is the common understanding that the liability of the carrier underthis Convention is based on the principle of presumed fault or neglect.This means that， as a rule， the burden of proof rests on the carrier but，with respect to certain cases， the provisions of the Convention modifythis rule.

　　ANNEX RESOLUTION ADOPTED BY THE UNITED NATIONS CONFERENCE ON THECARRIAGE OF GOODS BY SEA

　　“The United Nations Conference on the Carriage of Goods by Sea，

　　“Noting with appreciation the kind invitation of the Federal Republicof Germany to hold the Conference in Hamburg，

　　“Being aware that the facilities placed at the disposal of theConference and the generous hospitality bestowed on the participants bythe Government of the Federal Republic of Germany and by the Free andHanseatic city of Hamburg， have in no small measure contributed to thesuccess of the Conference，

　　“Expresses its gratitude to the Government and people of the FederalRepublic of Germany， and

　　“Having adopted the Convention on the Carriage of Goods by Sea on thebasis of a draft Convention prepared by the United Nations Commission onInternational Trade Law at the request of the United Nations Conference onTrade and Development，

　　“Expresses its gratitude to the United Nations Commission onInternational Trade Law and to the United Nations Conference on Trade andDevelopment for their outstanding contribution to the simplification andharmonization of the law of the carriage of goods by sea， and

　　“Decides to designate the Convention adopted by the Conference as the： `UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA， 1978'， and

　　“Recommends that the rules embodied therein be known as the `HAMBURGRULES'.

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