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1924年统一提单某些法律规定的国际公约* INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW RELATING T

2009-03-24 法律英语 来源:互联网 作者:
the carrier andthe shipper another maximum amount than that mentioned in this paragraphmay be fixed, provided that such maximum shall not be less than the figureabove named.

  Neither the carrier nor the ship shall be responsible in any event forloss or damage to, or in connexion with, goods if the nature or valuethereof has been knowingly misstated by the shipper in the bill of lading.

  6. Goods of an inflammable, explosive or dangerous nature to theshipment whereof the carrier, master or agent of the carrier has notconsented with knowledge of their nature and character, may at any timebefore discharge be landed at any place, or destroyed or renderedinnocuous by the carrier without compensation and the shipper of suchgoods shall be liable for all damages and expenses directly or indirectlyarising out of or resulting from such shipment. If any such goods shippedwith such knowledge and consent shall become a danger to the ship orcargo, they may in like manner be landed at any place, or destroyed orrendered innocuous by the carrier without liability on the part of thecarrier except to general average, if any.

  Article 5

  A carrier shall be at liberty to surrender in whole or in part all orany of his rights and immunities or to increase any of hisresponsibilities and obligations under this Convention, provided suchsurrender or increase shall be embodied in the bill of lading issued tothe shipper. The provisions of this Convention shall not be applicable tocharter parties, but if bills of lading are issued in the case of a shipunder a charter party they shall comply with the terms of this Convention.Nothing in these rules shall be held to prevent the insertion in a bill oflading of any lawful provision regarding general average.

  Article 6

  Notwithstanding the provisions of the preceding Articles, a carrier,master or agent of the carrier and a shipper shall in regard to anyparticular goods be at liberty to enter into any agreement in any terms asto the responsibility and liability of the carrier for such goods, and asto the rights and immunities of the carrier in respect of such goods, orhis obligation

as to seaworthiness, so far as this stipulation is notcontrary to public policy, or the care or diligence of his servants oragents in regard to the loading, handling, stowage, carriage, custody,care and discharge of the goods carried by sea, provided that in this caseno bill of lading has been or shall be issued and that the terms agreedshall be embodied in a receipt which shall be a nonnegotiable document andshall be marked as such.

  Any agreement so entered into shall have full legal effect.

  Provided that this Article shall not apply to ordinary commercialshipments made in the ordinary course of trade, but only to othershipments where the character or condition of the property to be carriedor the circumstances, terms and conditions under which the carriage is tobe performed are such as reasonably to justify a special agreement.

  Article 7

  Nothing herein contained shall prevent a carrier or a shipper fromentering into any agreement, stipulation, condition, reservation orexemption as to the responsibility and liability of the carrier or theship for the loss or damage to, or in connexion with, the custody and careand handling of goods prior to the loading on, and subsequent to, thedischarge from the ship on which the goods are carried by sea.

  Article 8

  The provisions of this Convention shall not affect the rights andobligations of the carrier under any statute for the time being in forcerelating to the limitation of the liability of owners of seagoing vessels.

  Article 9

  The monetary units mentioned in this Convention are to be taken to begold value.

  Those contracting States in which the pound sterling is not a monetaryunit reserve to themselves the right of translating the sums indicated inthis Convention in terms of pound sterling into terms of their ownmonetary system in round figures.

  The national laws may reserve to the debtor the right of discharginghis debt in national currency according to the rate of exchange prevailingon the day of the arrival of the ship at the port of discharge of thegoods concerned.

  Article 10

  The provisions of this Convention shall apply to all bills of ladingissued in any of the contracting States.

  Article 11

  After an interval of not more than two years from the day on which theConvention is signed the Belgian Government shall place itself incommunication with the Governments of the High Contracting Parties whichhave declared themselves prepared to ratify the Convention, with a viewto deciding whether it shall be put into force. The ratifications shall bedeposited at Brussels at a date to be fixed by agreement among the saidGovernments. The first deposit of ratifications shall be recorded in aprocess-verbal signed by the representatives of the Powers which take parttherein and by the Belgian Minister for Foreign Affairs.

  The subsequent deposit of ratifications shall be made by means of awritten notification, addressed to the Belgian Government and accompaniedby the instrument of ratification.

  A duly certified copy of the process-verbal relating to the firstdeposit of ratifications, of the notifications referred to in the previousparagraph, and also of the instruments of ratification accompanying them,shall be immediately sent by the Belgian Government through the diplomaticchannel to the Powers who have signed this Convention or who have accededto it. In the cases contemplated in the preceding paragraph, the saidGovernment shall inform them at the same time of the date on which itreceived the notification.

  Article 12

  Non-signatory States may accede to the present Convention whether ornot they have been represented at the International Conference atBrussels.

  A State which desires to accede shall notify its intention in writingto the Belgian Government, forwarding to it the document of accession,which shall be depo

sited in the archives of the said Government.

  The Belgian Government shall immediately forward to all the Stateswhich have signed or acceded to the Convention a duly certified copy ofthe notification and of the act of accession, mentioning the date onwhich it received the notification.

  Article 13

  The High Contracting Parties may at the time of signature,ratification or accession declare that their acceptance of the presentConvention does not include any or all of the self-governing dominions, orof the colonies, overseas possessions, protectorates or territories undertheir sovereignty or authority, and they may subsequently accedeseparately on behalf of any self-governing dominion, colony, overseaspossession, protectorate or territory excluded in their declaration. Theymay also denounce the Convention separately in accordance with itsprovisions in respect of any self-governing dominion, or any colony,overseas possession, protectorate or territory under their sovereignty orauthority.

  Article 14

  The present Convention shall take effect, in the case of the Stateswhich have taken part in the first deposit of ratifications, one yearafter the date of the protocol recording such deposit. As respects theStates which ratify subsequently or which accede, and also in cases inwhich the Convention is subsequently put into effect in accordance withArticle 13, it shall take effect six months after the notificationsspecified in paragraph 2 of Article 11 and paragraph 2 of Article 12 havebeen received by the Belgian Government.

  Article 15

  In the event of one of the contracting States wishing to denounce thepresent Convention, the denunciation shall be notified in writing to theBelgian Government, which shall immediately communicate a duly certifiedcopy of the notification to all the other States, informing them of thedate on which it was received.

  The denunciation shall only operate in respect of the State which madethe notification, and on the expiry of one year after the notificationhas reached the Belgian Government.

  Article 16

  Any one of the contracting States shall have the right to call for afresh conference with a view to considering possible amendments.

  A State which would exercise this right should notify its intention tothe other States through the Belgian Government, which would makearrangements for convening the Conference.

  DONE at Brussels, in a single copy, August 25, 1924

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