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

h Contracting State undertakes toapply the provisions of Articles 4， 20， 21 and 22 of the statute annexedto the Convention on the International Regime of Railways， signed atGeneva， on December 9， 1923， so far as they are applicable to traffic toor from a maritime port， whether or not such Contracting States is a partyto the said Convention on the International Regime of Railways. Theaforesaid Articles are to be interpreted in conformity with the provisionsof the protocol of signature of the said convention.

　　Article 7

　　Unless there are special reasons justifying an exception， such asthose based upon special geographical， economic or technical conditions，the customs duties levied in any maritime port situated under thesovereignty or authority of a Contracting State may not exceed the dutieslevied on the other customs frontiers of the said State on goods of thesame kind， source or destination.

　　If， for special reasons as set out above， a Contracting State grantsspecial customs facilities on other routes for the importation orexportation of goods， it shall not use these facilities as a means ofdiscriminating unfairly against importation or exportation through themaritime ports situated under its sovereignty or authority.

　　Article 8

　　Each of the Contracting States reserves the power， after giving noticethrough diplomatic channels， of suspending the benefit of equality oftreatment from any vessel of a State which does not effectively apply， inany maritime port situated under its sovereignty or authority， theprovisions of this statute to the vessels of the said Contracting State，their cargoes and passengers.

　　In the event of action being taken as provided in the precedingparagraph， the State which has taken action and the State against whichaction is taken， shall both alike have the right of applying to thePermanent Court of International Justice by an application addressed tothe Registrar； and the Court shall settle the matter in accordance withthe rules of summary procedure.

　　Every Contracting State shall， however， have the right at the time ofsigning or ratifying this convention， of de

claring that it renounces theright of taking action as provided in the first paragraph of this Articleagainst any other State which may make a similar declaration.

　　Article 9

　　This statute does not in any way apply to the maritime coasting trade.

　　Article 10

　　Each Contracting State reserves the right to make such arrangementsfor towage in its maritime ports as it thinks fit， provided that theprovisions of Articles 2 and 4 are not thereby infringed.

　　Article 11

　　Each Contracting State reserves the right to organise and administerpilotage services as it thinks fit. Where pilotage is compulsory， the duesand facilities offered shall be subject to the provisions of Articles 2and 4， but each Contracting State may exempt from the obligation ofcompulsory pilotage such of its nationals as possess the necessarytechnical qualifications.

　　Article 12

　　Each Contracting State shall have the power， at the time of signing orratifying this convention， of declaring that it reserves the right oflimiting the transport of emigrants， in accordance with the provisions ofits own legislation， to vessels which have been granted specialauthorisation as fulfilling the requirements of the said legislation. Inexercising this right， however， the Contracting State shall be guided， asfar as possible， by the principles of this statute.

　　The vessels so authorised to transport emigrants shall enjoy all thebenefits of this statute in all maritime ports.

　　Article 13

　　This statute applies to all vessels， whether publicly or privatelyowned or controlled.

　　It does not， however， apply in any way to warships or vesselsperforming police or administrative functions， or， in general， exercisingany kind of public authority， or any other vessels which for the timebeing are exclusively employed for the purposes of the naval， military orair forces of a State.

　　Article 14

　　This statute does not in any way apply to fishing vessels or to theircatches.

　　Article 15

　　Where in virtue of a treaty， convention or agreement a ContractingState has granted special rights to another State within a defined area inany of its maritime ports for the purpose of facilitating the transit ofgoods or passengers to or from the territory of the said State， no otherContracting State can invoke the stipulations of this statute in supportof any claim for similar special rights.

　　Every Contracting State which enjoys the aforesaid special rights in amaritime port of another State， whether Contracting or not， shall conformto the provisions of this statute in its treatment of the vessels tradingwith it， and their cargoes and passengers.

　　Every Contracting State which grants the aforesaid special rights to anon-Contracting State is bound to impose， as one of the conditions of thegrant， an obligation on the State which is to enjoy the aforesaid rightsto conform to the provisions of this statute in its treatment of thevessels trading with it， and their cargoes and passengers.

　　Article 16

　　Measures of a general or particular character which a ContractingState is obliged to take in case of any emergency affecting the safety ofthe State or the vital interests of the country may， in exceptional cases，and for as short a period as possible， involve a deviation from theprovisions of Article 2 to 7 inclusive； it being understood that theprinciples of the present statute must be observed to the utmost possibleextent.

　　Article 17

　　No Contracting State shall be bound by this statute to permit thetransit of passengers whose admission to its territories is forbidden， orof goods of a kind of which the importation is prohibited， either ongrounds of public health or security， or as a precaution against diseasesof animals or plants. As regards traffic other than traffic in transit， noContracting State shall be bound by this statute to

permit the transportof passengers whose admission to its territories is forbidden， or of goodsof which the import or export is prohibited. by its national laws.

　　Each Contracting State shall be entitled to take the necessaryprecautionary measures in respect of the transport of dangerous goods orgoods of a similar character， as well as general police measures，including the control of emigrants entering or leaving its territory， itbeing understood that such measures must not result in any discriminationcontrary to the principles of the present statute.

　　Nothing in this statute shall affect the measures which one of theContracting State is or may feel called upon to take in pursuance ofgeneral international conventions to which it is a party， or which may beconcluded hereafter， particularly conventions concluded under the auspicesof the League of Nations， relating to the traffic in women and children，the transit， export or import of particular kinds of articles such asopium or other dangerous drugs， arms， or the produce of fisheries， or inpursuance of general conventions intended to prevent any infringement ofindustrial， literary or artistic property， or relating to false marks，false indications of origin or other methods of unfair competition.

　　Article 18

　　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 19

　　The Contracting States undertake to introduce into those conventionsin force on December 9， 1923， which contravene the provisions of thisstatute， so soon as circumstances permit， and in any case on the expiryof such conventions， the modifications required to bring them into harmonywith such provisions， so far as the geographical， economic or technicalcircumstances of the countries or areas concerned allow.

　　The same shall apply to concessions granted before December 9， 1923，for the total or partial exploitation of maritime ports.

　　Article 20

　　This statute does not entail in any way the withdrawal of facilitieswhich are greater than those provided for in the statute and which havebeen granted in respect of the use of maritime ports under conditionsconsistent with its principles. This statute also entails no prohibitionof such grant of greater facilities in the future.

　　Article 21

　　Without prejudice to the provisions of the second paragraph of Article8， disputes which may arise between Contracting States as to theinterpretation or the application of the present statute shall be settledin the following manner：

　　Should it prove impossible to settle such dispute either directlybetween the parties or by any other method of amicable settlement， theparties to the dispute may， before resorting to any procedure ofarbitration or to a judicial settlement， submit the dispute for anadvisory opinion to the body established by the League of Nations as theadvisory and technical organisation of Members of the League for mattersof communications and transit. In urgent cases a preliminary opinion maybe given recommending temporary measures， including measures to restorethe facilities for international traffic which existed before the act oroccurrence which gave rise to the dispute.

　　Should it prove impossible to settle the dispute by any of the methodsof procedure enumerated in the preceding paragraph， the Contracting Statesshall submit their dispute to arbitration， unless they have decided， orshall decide， under an agreement between them， to bring it b

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