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

of departure or of destination， or of the direction of the traffic.

　　Article 5

　　As an exception to the two preceding Articles， and in the absence ofany Convention or obligation to the contrary：

　　1. A riparian State has the right of reserving for its own flag thetransport of passengers and goods loaded at one port situated under itssovereignty or authority and unloaded at another port also situated underits sovereignty or authority. A State which does not reserve theabove-mentioned transport to its own flag may， nevertheless， refuse thebenefit of equality of treatment with regard to such transport to aco-riparian which does reserve it.

　　On the navigable waterways referred to in Article 2， the Act ofNavigation shall only allow to riparian States the right of reserving thelocal transport of passengers or of goods which are of national origin orare nationalised. In every case， however， in which greater freedom ofnavigation may have been already established. in a previous Act ofNavigation， this freedom shall not be reduced.

　　2. When a natural system of navigable waterways of internationalconcern which does not include waterways of the kind referred to inArticle 2 separates or traverses two States only， the latter have theright to reserve to their flags by mutual agreement the transport ofpassengers and goods loaded at one port of this system and unloaded atanother port of the same system， unless this transport takes placebetween two ports which are not situated under the sovereignty orauthority of the same State in the course of a voyage， effected withouttranshipment on the territory of either of the said States， involving asea-passage or passage over a navigable waterway of international concernwhich does not belong to the said system.

　　Article 6

　　Each of the Contracting States maintains its existing right， on thenavigable waterways or parts of navigable waterways referred to in Article1 and situated under its sovereignty or authority， to enact thestipulations and to take the measures necessary for policing the territoryand for applying the laws and regulations relating t

o customs， publichealth， precautions against the diseases of animals and plants， emigrationor immigration， and to the import or export of prohibited goods， it beingunderstood that such stipulations and measures must be reasonable， mustbe applied on a footing of absolute equality between the nationals，property and flags of any one of the Contracting States， including theState which is their author， and must not without good reason impede thefreedom of navigation.

　　Article 7

　　No dues of any kind may be levied anywhere on the course or at themouth of a navigable waterway of international concern， other than dues inthe nature of payment for services rendered and intended solely to coverin an equitable manner the expenses of maintaining and improving thenavigability of the waterway and its approaches， or to meet expenditureincurred in the interest of navigation. These dues shall be fixed inaccordance with such expenses， and the tariff of dues shall be posted inthe ports. These dues shall be levied in such a manner as to renderunnecessary a detailed examination of the cargo， except in cases ofsuspected fraud or infringement of regulations， and so as to facilitateinternational traffic as much as possible， both as regards their ratesand the method of their application.

　　Article 8

　　The transit of vessels and of passengers and goods on navigablewaterways of international concern shall， so far as customs formalitiesare concerned， be governed by the conditions laid down in the Statute ofBarcelona on Freedom of Transit. Whenever transit takes places withouttrans-shipment the following additional provisions shall be applicable：

　　（a） When both banks of a waterway of international concern arewithin one and the same State， the customs formalities imposed on goods intransit after they have been declared and subjected to a summaryinspection shall be limited to placing them under seal or padlock or inthe custody of customs officers.

　　（b） When a navigable waterway of international concern forms thefrontier between two States， vessels， passengers and goods in transitshall while “en route” be exempt from any customs formality， except incases in which there are valid reasons of a practical character forcarrying out customs formalities at a place on the part of the river whichforms the frontier， and this can be done without interfering withnavigation facilities.

　　The transit of vessels and passengers， as well as the transit of goodswithout trans-shipment， on navigable waterways of international concern，must not give rise to the levying of any duties whatsoever， whetherprohibited by the Statute of Barcelona on Freedom of Transit or authorisedby Article 3 of that Statute. It is nevertheless understood that vesselsin transit may be made responsible for the board and lodging of anycustoms officers who are strictly required for supervision.

　　Article 9

　　Subject to the provisions of Articles 5 and 17， the nationals，property and flags of all the Contracting States， shall， in all portssituated on a navigable waterway of international concern， enjoy， in allthat concerns the use of the port， including port dues and charges， atreatment equal to that accorded to the nationals， property and flag ofthe riparian States under whose sovereignty or authority the port issituated. It is understood that the property to which the presentparagraph relates is property originating in. coming from or destined for，one or other of the Contracting States.

　　The equipment of ports situated on a navigable waterway ofinternational concern， and the facilities afforded in these ports tonavigation， must not be withheld from public use to an extent beyond whatis reasonable and fully compatible with the free exercise of navigation.

　　In the application of customs or other analogous duties， local octroior consumption duties， or incidental charges， levied on the occasion ofthe importation or exp

ortation of goods through the aforesaid ports， nodifference shall be made by reason of the flag of the vessel on which thetransport has been or is to be accomplished， whether this flag be thenational flag or that of any of the Contracting States.

　　The State under whose sovereignty or authority a port is situated maywithdraw the benefits of the preceding paragraph from any vessel if it isproved that the owner of the vessel discriminates systematically againstthe nationals of that States， including companies controlled by suchnationals.

　　In the absence of special circumstances justifying an exception on theground of economic necessities， the customs duties must not be higher thanthose levied on the other customs frontiers of the States interested， ongoods of the same kind， source and destination. All facilities accorded bythe Contracting States to the importation or exportation of goods by otherland or water routes， or in other ports， shall be equally accorded toimportation or exportation under the same conditions over the navigablewaterway and through the ports referred to above.

　　Article 10

　　1. Each riparian State is bound， on the one hand， to refrain from allmeasures likely to prejudice the navigability of the waterway， or toreduce the facilities for navigation， and on the other hand， to take asrapidly as possible all necessary steps for removing any obstacles anddangers which may occur to navigation.

　　2. If such navigation necessitates regular upkeep of the waterway，each of the riparian States is bound as towards the others to take suchsteps and to execute such works on its territory as are necessary for thepurpose as quickly as possible， taking account at all times of theconditions of navigation， as well as of the economic state of the regionsserved by the navigable waterway.

　　In the absence of an agreement to the contrary， any riparian Stateswill have the right， on valid reason being shown， to demand from the otherriparians a reasonable contribution towards the cost of upkeep.

　　3. In the absence of legitimate grounds for opposition by one of theriparian States， including the State territorially interested， basedeither on the actual conditions of navigability in its territory， or onother interests such as， inter alia， the maintenance of the normal-waterconditions， requirements for irrigation， the use of water-power， or thenecessity for constructing other and more advantageous ways ofcommunication， a riparian States may not refuse to carry out worksnecessary for the improvement of the navigability which are asked for byanother riparian State， if the latter State offers to pay the cost of theworks and a fair share of the additional cost of upkeep. It is understood，however， that such works cannot be undertaken so long as the State on theterritory of which they are to be carried out objects on the ground ofvital interests.

　　4. In the absence of any agreement to the contrary， a State which isobliged to carry out work of upkeep is entitled to free itself from theobligation， if， with the consent of all the co-riparian States， one ormore of them agree to carry out the works instead of it； as regards worksfor improvement， a State which is obliged to carry them out shall be freedfrom the obligation， if it authorises the State which made the request tocarry them out instead of it. The carrying out of works by States otherthan the State territorially interested， or the sharing by such State inthe cost of works， shall be so arranged as not to prejudice the rights ofthe States territorially interested as regards the supervision andadministrative control over the works， or its sovereignty and

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