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

authorityover the navigable waterway.

　　5. On the waterways referred to in Article 2， the provisions of thepresent Article are to be applied subject to the terms of the Treaties，Conventions， or Navigation Acts which determine the Powers andResponsibilities of the Internat

ional Commission in respect of works.

　　Subject to any special provisions in the said Treaties. Conventions，or Navigation Acts， which exist or may be concluded：

　　（a） Decisions in regard to works will be made by the Commission.

　　（b） The settlement， under the conditions laid down in Article 22below， of any dispute which may arise as a result of these decisions， mayalways be demanded on the grounds that these decisions are ultra vires， orthat they infringe international conventions governing navigablewaterways. A request for a settlement under the aforesaid conditions basedon any other grounds can only be put forward by the State which isterritorially interested.

　　The decisions of this Commission shall be in conformity with theprovisions of the present Article.

　　6. Notwithstanding the provisions of paragraph 1 of this Article， ariparian State may， in the absence of any agreement to the contrary， closea waterway wholly or in part to navigation， with the consent of all theriparian States or of all the States represented on the InternationalCommission in the case of navigable waterways referred to in Article 2.

　　As an exceptional case one of the riparian States of a navigablewaterway of international concern not referred to in Article 2 may closethe waterway to navigation， if the navigation on it is of very smallimportance， and if the State in question can justify its action on theground of an economic interest clearly greater than that of navigation. Inthis case the closing to navigation may only take place after a year'snotice and subject to an appeal on the part of any other riparian Stateunder the conditions laid down in Article 22. If necessary， the judgementshall prescribe the conditions under which the closing to navigation maybe carried into effect.

　　7. Should access to the sea be afforded by a navigable waterway ofinternational interest through several branches， all of which are situatedin the territory of one and the same State， the provisions of paragraphs1， 2 and 3 of this Article shall apply only to the principal branchesdeemed necessary for providing free access to the sea.

　　Article 11

　　If on a waterway of international concern one or more of the riparianStates are not parties to this Statute， the financial obligationsundertaken by each of the Contracting States in pursuance of Article 10shall not exceed those to which they would have been subject if all theriparian States had been Parties.

　　Article 12

　　In the absence of contrary stipulations contained in a specialagreement or treaty， for example， existing Conventions concerning customsand police measures and sanitary precautions， the administration ofnavigable waterways of international concern is exercised by each of theriparian States under whose sovereignty or authority the navigablewaterway is situated. Each of such riparian States has， inter alia， thepower and duty of publishing regulations for the navigation of suchwaterway and of seeing to their execution. These regulations must beframed and applied in such a way as to facilitate the free exercise ofnavigation under the conditions laid down in this Statute.

　　The rules of procedure dealing with such matters as ascertaining，prosecuting and punishing navigation offences must be such as to promoteas speedy a settlement as possible.

　　Nevertheless the Contracting States recognise that it is highlydesirable that the riparian States should come to an understanding withregard to the administration of the navigable waterway and， in particular，with regard to the adoption of navigation regulations of as uniform acharacter throughout the whole course of such navigable waterway as thediversity of local circumstances permits.

　　Public services of towage or other means of haulage may be establishedin the form of monopolies for the purpose of facilitating the exercise ofnavigation， subject to the unanimous

agreement of the riparian States orthe States represented on the International Commission in the case ofnavigable waterways referred to in Article 2.

　　Article 13

　　Treaties， conventions or agreements in force relating to navigablewaterways， concluded by the Contracting States before the coming intoforce of this Statute， are not， as a consequence of its coming into force，abrogated so far as concerns the States signatories to those treaties.

　　Nevertheless the Contracting States undertake not to apply amongthemselves any provisions of such treaties， conventions or agreementswhich may conflict with the rules of the present Statute.

　　Article 14

　　If any of the special agreements or treaties referred to in Article 12has entrusted or shall hereafter entrust certain functions to aninternational Commission which includes representatives of States otherthan the riparian States， it shall be the duty of such Commission subjectto the provisions of Article 10， to have exclusive regard to the interestsof navigation， and it shall be deemed to be one of the organizationsreferred to in Article 24 of the Covenant of the League of Nations.Consequently， it will exchange all useful information directly with theLeague and its organisations， and will submit an annual report to theLeague.

　　The powers and duties of the Commissions referred to in the precedingparagraph shall be laid down in the Act of Navigation of each navigablewaterway and shall at least include the following：

　　（a） the Commission shall be entitled to draw up such navigationregulations as it thinks necessary itself to draw up， and all othernavigation regulations shall be communicated to it；

　　（b） it shall indicate to the riparian States the action advisablefor the upkeep of works and the maintenance of navigability；

　　（c） it shall be furnished by each of the riparian States withofficial information as to all schemes for the improvement of thewaterway；

　　（d） it shall be entitled， in cases in which the Act of Navigationdoes not include a special regulation with regard to the levying of dues，to approve of the levying of such dues and charges in accordance with theprovisions of Article 7 of this Statute.

　　Article 15

　　This Statute does not prescribe the rights and duties of belligerentsand neutrals in time of war. The Statute shall， however， continue in forcein time of war so far as such rights and duties permit.

　　Article 16

　　This Statute does not impose upon a Contracting State any obligationconflicting with its rights and duties as a Member of the League ofNations.

　　Article 17

　　In the absence of any agreement to the contrary to which the Stateterritorially interested is or may be a party， this Statute has noreference to the navigation of vessels of war or of vessels performingpolice or administrative functions， or， in general， exercising any kind ofpublic authority.

　　Article 18

　　Each of the Contracting States undertakes not to grant either byagreement or in any other way， to a non-Contracting State， treatment withregard to navigation over a navigable waterway of international concernwhich， as between Contracting States， would be contrary to the provisionsof this Statute.

　　Article 19

　　The measures of a general or particular character which a ContractingState is obliged to take in case of an emergency affecting the safety ofthe State or the vital interests of the country may， in exceptional casesand for a period as short as possible， involve a deviation from theprovisions of the above Article， it being understood that the principle ofthe freedom of navigation and especially communication between theriparian States and the sea， must be maintained to the utmost possibleextent.

　　Article 20

　　This Statute does not entail in any way the withdrawal of existinggreater facilities granted to the free exercise

of navigation on anynavigable waterway of international concern， under conditions consistentwith the principle of equality laid down in this Statute， as regards thenationals， the goods， and the flags of all the Contracting States； nordoes it entail the prohibition of such grant of greater facilities in thefuture.

　　Article 21

　　In conformity with Article 23（e） of the Covenant of the League ofNations， any Contracting State which can establish a good case against theapplication of any provision of this Statute in some or all of itsterritory on the ground of the grave economic situation arising out of theacts of devastation perpetrated on its soil during the war 1914-1918，shall be deemed to be relieved temporarily of the obligations arising fromthe application of such provision， it being understood that the principleof freedom of navigation must be observed as far as possible.

　　Article 22

　　Without prejudice to the provisions of paragraph 5 of Article 10， anydispute between States as to the interpretation or application of thisStatute which is not settled directly between them shall be brought beforethe Permanent Court of International Justice， unless under a specialagreement or a general arbitration provision steps are taken for thesettlement of the dispute by arbitration or some other means.

　　Proceedings are opened in the manner laid down in Article 40 of theStatute of the Permanent Court of International Justice.

　　In order to settle such disputes， however， in a friendl

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