1921年国际可航水道制度的国际公约与规范 INTERNATIONAL CONVENTION AND STATUTE CONCERNING THE REGIME OF NA-VIGABLE WATER

颁布日期：19210420　实施日期：19210420　颁布单位：巴塞罗那

　　Albania， Austria， Belgium. Bolivia， Brazil， Bulgaria， Chile， China，Colombia， Costa Rica， Cuba， Denmark， the British Empire （with New Zealandand India）， Spain， Esthonia， Finland， France， Greece， Guatemala， Haiti，Honduras， Italy， Japan， Latvia， Lithuania， Luxemburg， Norway， Panama，Paraquay， the Netherlands， Persia， Poland， Portugal， Roumania， theSerb-Croat-Slovene State， Sweden， Switzerland， Czecho-Slovakia， Uruguay，and Venezuela：

　　Desirous of carrying further the development as regards theinternational regime of navigation on internal waterways， which began morethan a century ago， and which has been solemnly affirmed in numeroustreaties.

　　Considering that General Conventions to which other Powers may accedeat a later date constitute the best method of realising the purpose ofArticle 23（e） of the Covenant of the League of Nations.

　　Recognising in particular that a fresh confirmation of the principleof Freedom of Navigation in a Statute elaborated by forty-one Statesbelonging to the different portions of the world constitutes a new andsignificant stage towards the establishment of co-operation among Stateswithout in any way prejudicing their rights of sovereignty or authority.

　　Having accepted the invitation of the League of Nations to take partin a Conference at Barcelona which met on March 10， 1921， and having takennote of the Final Act of such Conference.

　　Anxious to bring into force forthwith the provisions of the Statuterelating to the Regime of Navigable Waterways of International Concernwhich has there been adopted.

　　Wishing to conclude a Convention for this purpose， the HighContracting Parties have appointed plenipotentiaries Who， aftercommunicating their full powers， found in good and due form， have agreedas follows：Article 1

　　The High Contracting Parties declare that they accept the Statute onthe Regime of Navigable Waterways of International Concern annexed hereto，adopted by the Barcelona Conference on April 19， 1921.

　　This Statute will be deemed to constitute an integral part of thepresent Convention. Consequently， they hereby declare that they acceptthe obligations and undertakings of the said Statute in conformity withthe terms and in accordance with the conditions set out therein.Article 2

　　The present Convention does not in any way affect the rights andobligations arising out of the provisions of the Treaty of Peace signed atVersailles on June 28， 1919， or out of the provisions of the othercorresponding Treaties， in so far as they concern the Powers which havesigned， or which benefit by， such Treaties.Article 3

　　The present Convention， of which the French and English texts are bothauthentic， shall bear this day's date and shall be open for signatureuntil December 1， 1921.Article 4

　　The present Convention is subject to ratification. The instruments ofratification shall be transmitted to the Secretary-General of the Leagueof Nations， who will notify the receipt of them to the other Members ofthe League and to States admitted to sign the Convention. The instrumentsof ratification shall be deposited in the archives of the Secretariat.

　　In order to comply with the provisions of Article 18 of the Covenantof the League of Nations， the Secretary-General will register the presentConvention upon the deposit of the first ratification.Article 5

　　Members of the League of Nations which have not signed the presentConvention before December 1， 1921， may accede to it.

　　The same applies to States not Members of the League to which theCouncil of the League may decide officially to communicate the presentConvention.

　　Accession will be notified to the Secretary-General of the League， whowill inform all Powers concerned of the accession and of the date on whichit was notified.Article 6

　　The present Convention will not come

into force until it has beenratified by five Powers， The date of its coming into force shall be theninetieth day after the receipt of the Secretary General of the League ofNations of the fifth ratification. Thereafter the present Convention willtake effect in the case of each Party ninety days after the receipt of itsratification or of the notification of its accession.

　　Upon the coming into force of the present Convention， theSecretary-General will address a certified copy of it to the Powers notMembers of the League which are bound under the Treaties of Peace toaccede to it.Article 7

　　A special record shall be kept by the Secretary-General of the Leagueof Nations， showing which of the Parties have signed， ratified， acceded toor denounced the present Convention. This record shall be open to theMembers of the League at all times； it shall be published as often aspossible in accordance with the directions of Council.Article 8

　　Subject to the provisions of Article 2 of the present Convention， thelatter may be denounced by any Party thereto after the expiration of fiveyears from the date when it came into force in respect of that Party.Denunciation shall be effected by notification in writing addressed to theSecretary-General of the League of Nations. Copies of such notificationshall be transmitted forthwith by him to all the other Parties， informingthem of the date on which it was received. The denunciation shall takeeffect one year after the date on which it was notified to theSecretary-General， and shall operate only in respect of the notifyingPower. It shall not， in the absence of an agreement to the contrary，prejudice engagements entered into before the denunciation relating to aprogramme of works.Article 9

　　A request for the revision of the present Convention may be made atany time by one-third of the High Contracting Parties.

　　In faith whereof the above-named Plenipotentiaries have signed thepresent Convention.

　　Done at Barcelona the twentieth day of April one thousand nine hundredand twenty-one， in a single copy which shall remain deposited in thearchives of the League of Nations.

　　STATUTE ON THE REGIME OF NAVIGABLE WATERWAYS OF INTERNATIONAL CON-CERN

　　Article 1

　　In the application of the Statute， the following are declared to benavigable waterways of international concern：

　　1. All parts which are naturally navigable to and from the sea of awaterway which in its course， naturally navigable to and from the sea，separates or traverses different States， and also any part of any otherwaterway naturally navigable to and from the sea， which connects with thesea a waterway naturally navigable which separates or traverses differentStates.

　　It is understood that：

　　（a） Trans-shipment from one vessel to another is not excluded bythe words “navigable to and from the sea”；

　　（b） Any natural waterway or part of a natural waterway is termed“naturally navigable” if now used for ordinary commercial navigation， orcapable by reason of its natural conditions of being so used； by “ordinarycommercial navigation” is to be understood navigation which， in view ofthe economic condition of the riparian countries， is commercial andnormally practicable；

　　（c） Tributaries are to be considered as separate waterways；

　　（d） Lateral canals constructed in order to remedy the defects of awaterway included in the above definition are assimilated thereto；

　　（e） The different States separated or traversed by a navigablewaterway of international concern， including its tributaries ofinternational concern， are deemed to be “riparian States.”

　　2. Waterways， or parts of waterways， whether natural or artificial，expressly declared to be placed under the regime of the General Conventionregarding navigable waterways of international concern either inunilateral Acts of the States under whose sovereignty or authority thesewa

terways or parts of waterways are situated， or in agreements made withthe consent， in particular， of such States.

　　Article 2

　　For the purpose of Articles 5， 10， 12 and 14 of this Statute， thefollowing shall form a special category of navigable waterways ofinternational concern：

　　（a） Navigable waterways of which there are internationalCommissions upon which non-riparian States are represented；

　　（b） Navigable waterways which may hereafter be placed in thiscategory， either in pursuance of unilateral Acts of the States under whosesovereignty or authority they are situated， or in pursuance of agreementsmade with the consent， in particular， of such States.

　　Article 3

　　Subject to the provisions contained in Articles 5 and 17， each of theContracting States shall accord free exercise of navigation to the vesselsflying the flag of any one of the other Contracting States on those partsof navigable waterways specified above which may be situated under itssovereignty or authority.

　　Article 4

　　In the exercise of navigation referred to above， the nationals，property and flags of all Contracting States shall be treated in allrespects on a footing of perfect equality. No distinction shall be madebetween the nationals， the property and the flags of the differentriparian States， including the riparian States exercising sovereignty orauthority over the portion of the navigable waterway in question；similarly no distinction shall be made between the nationals， the propertyand the flags of riparian and non-riparian States. It is understood， inconsequence， that no exclusive right of navigation shall be accorded onsuch navigable waterways to companies or to private persons.

　　No distinctions shall be made in the said exercise， by reason of thepoint

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