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

efore thePermanent Court of International Justice.

　　Article 22

　　If the case is submitted to the Permanent Court of InternationalJustice， it shall be heard and determined under the conditions laid downin Article 27 of the statute of the court.

　　If arbitration is resorted to， and unless the parties d

ecideotherwise， each party shall appoint an arbitrator， and a third member ofthe arbitral tribunal shall be elected by the arbitrators， or， in casethe latter are unable to agree， shall be selected by the Council of theLeague of Nations from the list of assessors for communications andtransit cases mentioned in Article 27 of the Statute of the PermanentCourt of International Justice； in such latter case， the third arbitratorshall be selected in accordance with the provisions of the penultimateparagraph of Article 4 and the first paragraph of Article 5 of theCovenant of the League.

　　The arbitral tribunal shall judge the case on the basis of the termsof reference mutually agreed upon between the parties. If the parties havefailed to reach an agreement， the arbitral tribunal， acting unanimously，shall itself draw up terms of reference after considering the claimsformulated by the parties； if unanimity cannot be obtained， the Council ofthe League of Nations shall decide the terms of reference under theconditions laid down in the preceding paragraph. If the procedure is notdetermined by the terms of reference， it shall be settled by the arbitraltribunal.

　　During the course of the arbitration the parties， in the absence ofany contrary provision in the terms of reference， are bound to submit tothe Permanent Court of International Justice any question of internationallaw or question as to the legal meaning of this statute the solution ofwhich the arbitral tribunal， at the request of one of the parties，pronounces to be a necessary preliminary to the settlement of the dispute.

　　Article 23

　　It is understood that this statute must not be interpreted asregulating in any way rights and obligations inter se of territoriesforming part of or placed under the protection of the same sovereignState， whether or not these territories are individually ContractingStates.

　　Article 24

　　Nothing in the preceding Articles is to be construed as affecting inany way the rights or duties of a Contracting State as member of theLeague of Nations.

　　PROTOCOL OF SIGNATURE OF THE CONVENTION ON THE INTERNATIONALREGIME OF MARITIME PORTS

　　At the moment of signing the Convention of today's date， relating tothe international regime of maritime ports， the undersigned， dulyauthorised， have agreed as follows：

　　1. It is understood that the provisions of the present statuteshall apply to ports of refuge specially constructed for that purpose.

　　2. It is understood that the British Government's reservation asto the provisions of section 24 of the Pilotage Act of 1913 is accepted.

　　3. It is understood that the obligations laid down in French lawin regard to ship-brokers shall not be regarded as contrary to theprinciple and spirit of the Statute on the International Regime ofMaritime Ports.

　　4. It is understood that the condition of reciprocity laid down inArticle 2 of the Statute on the International Regime of Maritime Portsshall not exclude from the benefit of the said Statute Contracting Stateswhich have no maritime ports and do not enjoy in any zone of a maritimeport of another State the rights mentioned in Article 15 of the saidStatute.

　　5. In the event of the flag or nationality of a Contracting Statebeing identical with the flag or nationality of a State or territory whichis outside the convention， no claim can be advanced on behalf of thelatter State or territory to the benefits assured by this Statute to theflags or nationals of Contracting States.

　　The present Protocol will have the same force， effect and duration asthe statute of today's date， of which it is to be considered as anintegral part.

　　In faith whereof the above-mentioned plenipotentiaries have signed thepresent Protocol.

　　Done at Geneva， the 9th day of December， 1923， in a single copy， whichwill remain deposited in the archives of the secretariat of the League ofNatio

ns； certified copies will be transmitted to all the Statesrepresented at the conference

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