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1962年核动力船舶经营人责任公约 CONVENTION ON THE LIABILITY OF OPERATORS OF NUCLEAR SHIPS, 1962

2009-03-24 法律英语 来源:互联网 作者:
ing State, theowner of the nuclear ship at the time of the nuclear incident shall bedeemed to be the operator of the nuclear ship for all the purposes of thisConvention, except that his liability shall not be limited in amount.

  3. In such an event, the Contracting State whose flag the nuclear ship

flies shall be deemed to be the licensing State for all the purposes ofthis Convention and shall, in particular, be liable for compensation forvictims in accordance with the obligations imposed on a licensing State byArticle III and up to the limit laid down therein.

  4. Each Contracting State undertakes not to grant a licence or otherauthority to operate a nuclear ship flying the flag of another State.However, nothing in this paragraph shall prevent a Contracting State fromimplementing the requirements of its national law concerning the operationof a nuclear ship within its internal waters and territorial seas.

  Article XVI

  This Convention shall apply to a nuclear ship from the date of herlaunching. Between her launching and the time she is authorized to fly aflag, the nuclear ship shall be deemed to be operated by the owner and tobe flying the flag of the State in which she was built.

  Article XVII

  Nothing in this Convention shall affect any right which a ContractingState may have under international law to deny access to its waters andharbours to nuclear ships licensed by another Contracting State, even whenit has formally complied with all the provisions of this Convention.

  Article XVIII

  An action for compensation for nuclear damage shall be brought againstthe operator; it may also be brought against the insurer or any personother than the licensing State who has provided financial security to theoperator pursuant to paragraph 2 of Article III, if the right to bring anaction against the insurer or such other person is provided under theapplicable national law.

  Article XIX

  Notwithstanding the termination of this Convention or the terminationof its application to any Contracting State pursuant to Article XXVII, theprovisions of the Convention shall continue to apply with respect to anynuclear damage caused by a nuclear incident involving the nuclear fuel of,or radioactive products or waste produced in, a nuclear ship licensed orotherwise authorized for operation by any Contracting State prior to thedate of such termination, provided the nuclear incident occurred prior tothe date of such termination or, in the event of a nuclear incidentoccurring subsequent to the date of such termination, prior to the expiryof a period of twenty-five years after the date of such licensing or otherauthorization to operate such ship.

  Article XX

  Without prejudice to Article X any dispute between two or moreContracting Parties concerning the interpretation or application of thisConvention which cannot be settled through negotiation, shall, at therequest of one of them, be submitted to arbitration. If within six monthsfrom the date of the request for arbitration the Parties are unable toagree on the organization of the arbitration, any one of those Parties mayrefer the dispute to the International Court of Justice by request inconformity with the Statute of the Court.

  Article XXI

  1. Each Contracting Party may at the time of signature or ratificationof this Convention or accession thereto, declare that it does not consideritself bound by Article XX of the Convention. The other ContractingParties shall not be bound by this Article with respect to any ContractingParty having made such a reservation.

  2. Any Contracting Party having made a reservation in accordance withparagraph 1 may at any time withdraw this reservation by notification tothe Belgian Government.

  Article XXII

  This Convention shall be open for signature by the States representedat the eleventh session (1961-1962) of the Diplomatic Conference onMaritime Law.

  Article XXIII

  This Convention shall be ratified and the instruments of ratificationshall be deposited with the Belgian Government.

  Article XXIV

  1. This Convention shall come into force three months after thedeposit of an instrument of rati

fication by at least one licensing Stateand one other State.

  2. This Convention shall come into force, in respect of each signatoryState which ratifies it after its entry into force as provided inparagraph 1 of this Article, three months after the date of deposit of theinstrument of ratification of that State.

  Article XXV

  1. States Members of the United Nations, Members of the specializedagencies and of the International Atomic Energy Agency not represented atthe eleventh session of the Diplomatic Conference on Maritime Law, mayaccede to this Convention.

  2. The instruments of accession shall be deposited with the BelgianGovernment.

  3. The Convention shall come into force in respect of the accedingState three months after the date of deposit of the instrument ofaccession of that State, but not before the date of entry into force ofthe Convention as established by Article XXIV.

  Article XXVI

  1. A conference for the purpose of revising this Convention shall beconvened by the Belgian Government and the International Atomic EnergyAgency after the Convention has been in force five years.

  2. Such a conference shall also be convened by the Belgian Governmentand the International Atomic Energy Agency before the expiry of this termor thereafter, if one-third of the Contracting States express a desire tothat effect.Article XXVII

  1. Any Contracting State may denounce this Convention by notificationto the Belgian Government at any time after the first revision Conferenceheld in accordance with the provisions of Article XXVI.1.

  2. This denunciation shall take effect one year after the date onwhich the notification has been received by the Belgian Government.

  Article XXVIII

  The Belgian Government shall notify the States represented at theeleventh session of the Diplomatic Conference on Maritime Law, and theStates acceding to this Convention, of the following:

  1. Signatures, ratifications and accessions received in accordancewith Articles XXII, XXIII and XXV.

  2. The date on which the Convention will come into force in accordancewith Article XXIV.

  3. Denunciations received in accordance with Article XXVII.

  IN WITNESS WHEREOF, the undersigned Plenipotentiaries, whosecredentials have been found in order, have signed this Convention.

  DONE at Brussels, this twenty-fifth day of May, one thousand ninehundred and sixty-two, in the English, French, Russian and Spanishlanguages in a single copy, which shall remain deposited in the archivesof the Belgian Government which shall issue certified copies.

  In case of any disparity in the texts, the English and French versionsshall be authentic

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