1923年国际海港制度公约与规范 CONVENTION AND STATUTE ON THE INTERNATIONAL REGIME OF MARITIMEPORTS， 1923

颁布日期：19231209　实施日期：19231209　颁布单位：日内瓦

　　The British Empire （with New Zealand and India）， Germany， Belgium，Brazil， Bulgaria， Chile， Denmark， Spain， Esthonia， Greece， Hungary，Italy， Japan， Lithuania， Norway， the Netherlands， Salvador， Kingdom of theSerbs， Croats and Slovenes， Siam， Sweden， Switzerland， Czechoslovakia andUruguay，

　　DESIROUS of ensuring in the fullest measure possible the freedom ofcommunications mentioned in Article 23 （e） of the Covenant by guaranteeingin the maritime ports situated under their sovereignty or authority andfor purposes of international trade equality of treatment between theships of all the Contracting States， their cargoes and passengers；

　　CONSIDERING that the best method of achieving their present purpose isby means of a general convention to which the greatest possible number ofStates can later accede；

　　And whereas the conference which met at Genoa on April 10， 1922，requested， in a resolution which was transmitted to the competentorganisations of the League of Nations with the approval of the Counciland the Assembly of the League， that the international conventionsrelating to the regime of communications provided for in the Treaties ofPeace should be concluded and put into operation as soon as possible， andwhereas， Article 379 of the Treaty of Versailles and the correspondingarticles of the other treaties provide for the preparation of a generalconvention on the international regime of ports；

　　HAVING ACCEPTED the invitation of the League of Nations to take partin a conference which met at Geneva on November 15， 1923；

　　DESIROUS of bringing into force the provisions of the statute relatingto the international regime of ports adopted thereat， and of concluding ageneral convention for this purpose， the High Contracting Parties haveappointed plenipotentiaries who， after communicating their full powers，found in good and due form， have agreed as follows：

　　Article 1

　　The Contracting States declare that they accept the Statute on theInternational Regime of Maritime Ports， annexed hereto， adopted by theSecond General Conference on Communications and Transit which met atGeneva on November 15， 1923.

　　This statute shall be deemed to constitute an integral part of thepresent convention.

　　Consequently， they hereby declare that they accept the obligations andundertakings of the said statute in conformity with the terms and inaccordance 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 October 31， 1924， by any State represented at the Conference ofGeneva， by any Member of the League of Nations， and by any State to whichthe Council of the League of Nations shall have communicated a copy of theconvention for this purpose.

　　Article 4

　　The present convention is subject to ratification. The instruments ofratification shall be deposited with the Secretary-General of the Leagueof Nations， who shall notify their receipt to every State signatory of oracceding to the convention.

　　Article 5

　　On and after November 1， 1924， the present convention may be accededto by any State represented at the conference referred to in Article 1， byany Member of the League of Nations， or by any State to which the Councilof the League of Nations shall have communicated a copy of the conventionfor this purpose.

　　Accession shall be effected by an instrument communicated to theSecretary

-General of the League of Nations to be deposited in the archivesof the secretariat. The Secretary-General shall at once notify suchdeposit to every State signatory of or acceding to the convention.

　　Article 6

　　The present convention will not come into force until it has beenratified in the name of five States. The date of its coming into forceshall be the ninetieth day after the receipt by the Secretary-General ofthe League of Nations of the fifth ratification. Thereafter， the presentconvention will take effect in the case of each party ninety days afterthe receipt of its ratification or of the notification of its accession.

　　In compliance with the provisions of Article 18 of the Covenant of theLeague of Nations， the Secretary-General will register the presentconvention upon the day of its coming into force.

　　Article 7

　　A special record shall be kept by the Secretary-General of the Leagueof Nations showing， with due regard to the provisions of Article 9， whichof the parties have signed， ratified， acceded to or denounced the presentconvention. This record shall be open to the Members of the League at alltimes； it shall be published as often as possible， in accordance with thedirections of the Council.

　　Article 8

　　Subject to the provisions of Article 2 above， the present conventionmay be denounced by any party thereto after the expiration of five yearsfrom 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.

　　A denunciation shall take effect one year after the date on which thenotification thereof was received by the Secretary-General， and shalloperate only in respect of the notifying State.

　　Article 9

　　Any States signing or acceding to the present convention may declareat the moment either of its signature， ratification or accession， that itsacceptance of the present convention does not include any or all of itscolonies， overseas possessions， protectorates， or overseas territories，under its sovereignty or authority， and may subsequently accede， inconformity with the provisions of Article 5， on behalf of any such colony，overseas possession， protectorate or territory excluded by suchdeclaration.

　　Denunciation may also be made separately in respect of any suchcolony， overseas possession， protectorate or territory， and theprovisions of Article 8 shall apply to any such denunciations.

　　Article 10

　　The revision of the present convention may be demanded at any time byone-third of the contracting States.

　　In faith whereof the above-named plenipotentiaries have signed thepresent convention.

　　Done at Geneva the 9th day of December， 1923， in a single copy whichshall remain deposited in the archives of the secretariat of the league ofNations.

　　STATUTE

　　Article 1

　　All ports which are normally frequented by sea-going vessels and usedfor foreign trade shall be deemed to be maritime ports within the meaningof the present statute.

　　Article 2

　　Subject to the principle of reciprocity and to the reservation set outin the first paragraph of Article 8， every Contracting States undertakesto grant the vessels of every other Contracting State equality oftreatment with its own vessel， or those of any other State whatsoever， inthe maritime ports situated under its sovereignty or authority， as regardsfreedom of access to the port， the use of the port， and the full enjoymentof the benefits as regards navigation and commercial operations which itaffords to vessels， their cargoes and passengers.

　　The equality of treatment thus established shall cover facilities ofall kinds， such as allocation of berths， loading

and unloading facilities，as well as dues and charges of all kinds levied in the name or for theaccount of the Government， public authorities， concessionaires orundertakings of any kind.

　　Article 3

　　The provisions of the preceding Article in no way restrict the libertyof the Competent port authorities to take such measures as they may deemexpedient for the proper conduct of the business of the port provided thatthese measures comply with the principle of equality of treatment asdefined in the said Article.

　　Article 4

　　All dues and charges levied for the use of maritime ports shall beduly published before coming into force.

　　The same shall apply to the by-laws and regulations of the port.

　　In each maritime port the port authority shall keep open forinspection， by all persons concerned， a table of the dues and charges inforce， as well as a copy of the by-laws and regulations.

　　Article 5

　　In assessing and applying customs and other analogous duties， localoctroi or consumption duties， or incidental charges， levied on theimportation or exportation of goods through the maritime ports situatedunder the sovereignty or authority of the Contracting State， the flag ofthe vessel must not be taken into account and， accordingly， no distinctionmay be made to the detriment of the flag of any Contracting Statewhatsoever as between that flag and the flag of the State under whosesovereignty or authority the port is situated， or the flag of any otherState whatsoever.

　　Article 6

　　In order that the principle of equal treatment in maritime ports laiddown in Article 2 may not be rendered ineffective in practice by theadoption of other methods of discrimination against the vessels of aContracting State using such ports， eac

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