1952年统一海船扣押某些规定的国际公约 INTERNATIONAL CONVENTION FOR THE UNIFICATION
2009-03-24 法律英语 来源:互联网 作者: ℃(4) Nothing in this Convention shall modify or affect the rules of lawin force in the respective Contracting States relating to the arrest ofany ship within the jurisdiction of the State of her flag by a person whohas his habitual residence or principal place of business in that State.
(5) When a maritime claim is asserted by a third party other than theoriginal claimant. whether by subrogation, assignment or otherwise, suchthird Party shall for the purpose of this Convention, be deemed to havethe same habitual residence or principal place of business as the originalclaimant.
Article 9
Nothing in this Convention shall be construed as creating a right ofaction, which, apart from the provisions of this Convention, would notarise under the law applied by the Court which had seisin of the case, noras creating any maritime liens which do not exist under such law or underthe Convention on Maritime Mortgages and Liens, if the latter isapplicable.
Article 10
The High Contracting Parties may at the time of signature, deposit orratification or accession, reserve
(a) the right not to apply this Convention to the arrest of a shipfor any of the claims enumerated in paragraphs (o) and (p) of Article 1but to apply their domestic laws to such claims;
(b) the right not to apply the first paragraph of Article 3 to thearrest of a ship, within their jurisdiction, for claims set out in Article1, paragraph (q)。
Article 11
The High Contracting Parties undertake to submit to arbitration anydisputes between States arising out of the interpretation or applicationof this Convention, but this shall be without prejudice to the obligationsof those High Contracting Parties who have agreed to submit their disputesto the International Court of Justice.
Article 12
This Convention shall be open for signature by the State representedat the Ninth Diplomatic Conference on Maritime Law. The protocol ofsignature shall be drawn up through the good offices of the BelgianMinister of Foreign Affairs.
Article 13
This Convention shall be ratified and the instruments of
ratificationshall be deposited with the Belgian Ministry of Foreign Affairs whichshall notify all signatory and acceding States of the deposit of any suchinstruments.
Article 14
(a) This Convention shall come into force between the two States whichfirst ratify it, six months after the date of the deposit of the secondinstrument of ratification.
(b) This Convention shall come into force in respect of each signatoryState which ratifies it after the deposit of the second instrument ofratification six months after the date of the deposit of the instrument ofratification of that State.
Article 15
Any State not represented at the Ninth Diplomatic Conference onMaritime Law may accede to this Convention.
The accession of any State shall be notified to the Belgian Ministryof Foreign Affairs which shall inform through diplomatic channels allsignatory and acceding States of such notification.
The Convention shall come into force in respect of the acceding Statesix months after the date of the receipt of such notification but notbefore the Convention has come into force in accordance with theprovisions of Article 14(a)。
Article 16
Any High Contracting Party may three years after the coming into forceof this Convention in respect of such High Contacting Party or at any timethereafter request that a conference be convened in order to consideramendments to the Convention.
Any High Contracting Party proposing to avail itself of this rightshall notify the Belgian Government which shall convene the conferencewithin six months thereafter.
Article 17
Any High Contracting Party shall have the right to denounce thisConvention at any time after the coming into force thereof in respect ofsuch High Contracting Party. This denunciation shall take effect one yearafter the date on which notification thereof has been received by theBelgian Government which shall inform through diplomatic channels all theother High Contracting Parties of such notification.
Article 18
(a) Any High Contracting Party may at the time of its ratification ofor accession to this Convention or at any time thereafter declare bywritten notification to the Belgian Ministry of Foreign Affairs that theConvention shall extend to any of the territories for whose internationalrelations it is responsible. The Convention shall six months after thedate of the receipt of such notification by the Belgian Ministry ofForeign Affairs extend to the territories named therein, but not beforethe date of the coming into force of the Convention in respect of suchHigh Contracting Party.
(b) A High Contracting Party which has made a declaration underparagraph (a) of this Article extending the Convention to any territoryfor whose international relations it is responsible may at any timethereafter declare by notification given to the Belgian Ministry ofForeign Affairs that the Convention shall cease to extend to suchterritory and the Convention shall one year after the receipt of thenotification by the Belgian Ministry of Foreign Affairs cease to extendthereto.
(c) The Belgian Ministry of Foreign Affairs shall inform throughdiplomatic channels all signatory and acceding States of any notificationreceived by it under this Article.
DONE in Brussels, on May 10, 1952, in the French and Englishlanguages, the two texts being equally authentic
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