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1974年海上旅客及其行李运输雅典公约的1976年议定书 PROTOCOL OF 1976 TO THE ATHENS CONVENTION RELATING

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颁布日期:19761119  实施日期:19890430  颁布单位:伦敦

  THE PARTIES TO THE PRESENT PROTOCOL,

  BEING PARTIES to the Athens Convention Relating to the Carriage ofPassengers and their Luggage by Sea, done at Athens on December 13, 1974;

  HAVE AGREED as follows:Article I

  For the purpose of the present Protocol:

  1. “Convention” means the Athens Convention Relating to the Carriageof passengers and their Luggage by Sea, 1974.

  2. “Organization” has the same meaning as in the Convention.

  3. “Secretary-General” means the Secretary-General of theOrganization.Article II

  (1) Article 7, paragraph 1 of the Convention is replaced by thefollowing text:

  1. The liability of the carrier for the death of or personalinjury to a passenger shall in no case exceed 46,666 units of account percarriage. Where in accordance with the law of the court seized of the casedamages are awarded in the form of periodical income payments, theequivalent capital value of those payments shall not exceed the saidlimit.

  (2) Article 8 of the Convention is replaced by the following text:

  1. The liability of the carrier for the loss of or damage to cabinluggage shall in no case exceed 833 units of account per passenger, percarriage.

  2. The liability of the carrier for the loss of or damage tovehicles including all luggage carried in or on the vehicle shall in nocase exceed 3,333 units of account per vehicle, per carriage.

  3. The liability of the carrier for the loss of or damage toluggage other than that mentioned in paragraphs 1 and 2 of this Articleshall in no case exceed 1,200 units of account per passenger, percarriage.

  4. The carrier and the passenger may agree that the liability ofthe carrier shall be subject to a deductible not exceeding 117 units ofaccount in the case of damage to a vehicle and not exceeding 13 units ofaccount per passenger in the case of loss of or damage to other luggage,such sum to be deducted from the loss or damage.

  (3) Article 9 of the Convention and its title are replaced by thefollowing: UNIT OF ACCOUNT OR MONETARY UNIT AND CONVERSION

  1. The Unit of Account mentioned in this Convention is the SpecialDrawing Right as defined by the International Monetary Fund. The amountsmentioned in Articles 7 and 8 shall be converted into the nationalcurrency of the State of the Court seized of the case on the basis of thevalue of that currency on the date of the judgment or the date agreed uponby the Parties. The value of the national currency, in terms of theSpecial Drawing Right, of a State which is a member of the InternationalMonetary Fund, shall be calculated in accordance with the method ofvaluation applied by the International Monetary Fund in effect at the datein question for its operations and transaction. The value of the nationalcurrency, in terms of the Special Drawing Right, of a State which is not amember of the International Monetary Fund, shall be calculated in amanner determined by that State.

  2. Nevertheless, a State which is not a member of the InternationalMonetary Fund and whose law does not permit the application of theprovisions of paragraph 1 of this Article may, at the time ofratification or accession or at any time thereafter, declare that thelimits of liability provided for in this Convention to be applied in itsterritory shall be fixed as follows:

  (a) in respect of Article 7, paragraph 1, 700,000 monetary units;

  (b) in respect of Article 8, paragraph 1, 12,500 monetary units;

  (c) in respect of Article 8, paragraph 2, 50,000 monetary units;

  (d) in respect of Article 8, paragraph 3, 18,000 monetary units;

  (e) in respect of Article 8, paragraph 4, the deductible shall notexceed 1, 750 monetary units in the case of damage to a vehicle and shallnot exceed 200 monetary units per passenger in the case of loss of ordamage to other luggage.

  The monetary unit referred to in this paragraph corresponds tosixty-five and a half milligrams of gold of millesimal fineness ninehundred. The conversion of the amounts specified in this paragraph intothe national currency shall be made according to the law of the Stateconcerned.

  3. The calculation mentioned in the last sentence of paragraph 1 andthe conversion mentioned in paragraph 2 shall be made in such a manner asto express in the national currency of the State as far as possible thesame real value for the amounts in Articles 7 and 8 as is expressed therein units of account. States shall communicate to the depositary the mannerof calculation pursuant to paragraph 1 or the result of the conversion inparagraph 2 as the case may be, when depositing an instrument referred toin Article III and whenever there is a change in either.Article III

  Signature, Ratification and Accession

  1. The present Protocol shall be open for signature by any State whichhas signed the Convention or acceded thereto and by any State invited toattend the Conference to Revise the Unit of Account Provisions in theAthens Convention Relating to the Carriage of Passengers and their Luggageby Sea, 1974, held in London from November 17 to 19, 1976. This Protocolshall be open for signature from February 1, 1977 to December 31, 1977 atthe Headquarters of the Organization.

  2. Subject to paragraph 4 of this Article, the present Protocol shallbe subject to ratification, acceptance or approval by the States whichhave signed it.

  3. Subject to paragraph 4 of this Article, this Protocol shall be openfor accession by States which did not sign it.

  4. The present Protocol may be ratified, accepted, approved or accededto by States Parties to the Convention.

  5. Ratification, acceptance, approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General.

  6. Any instrument of ratification, acceptance, approval or accessiondeposited after the entry into force of an amendment to the presentProtocol with respect to all existing Parties or after the completion ofall measures required for the entry into force of the amendment withrespect to all existing Parties shall be deemed to apply to the Protocolas modified by the amendment.Article IV

  Entry into Force

  1. The present Protocol shall enter into force for the States whichhave ratified, accepted, approved or acceded to it on the ninetieth dayfollowing the date on which ten States have either signed it withoutreservation as to ratification, acceptance or approval or have depositedthe requisite instruments of ratification, acceptance, approval oraccession.

  2. However, the present Protocol shall not enter into force before theConvention has entered into force.

  3. For any State which subsequently signs this Protocol withoutreservation as to ratification, acceptance or approval, or deposits itsinstruments of ratification, acceptance, approval or accession, thepresent Protocol shall come into force on the ninetieth day after the dateof such signature or deposit.Article V

  Denunciation

  1. The present Protocol may be denounced by a Party at any time afterthe date on which the Protocol enters into force for that Party.

  2. Denunciation shall be effected by the deposit of an instrument withthe Secretary General who shall inform all other Parties of the receipt ofthe instrument of denunciation and of the date of its deposit.

  3. A denunciation shall take effect one year after the deposit of aninstrument of denunciation, or after such longer period as may bespecified in the instrument.Article VI

  Revision and Amendment

  1. A Conference for the purpose of revising or amending the presentProtocol may be convened by the Organization.

  2. The Organization shall convene a Conference of the Parties to thepresent Protocol for revising or amending it at the request of not lessthan one-third of the Parties.Article VII

  Depositary

  1. The present Protocol shall be deposited with the Secretary-General.

  2. The Secretary-General shall:

  (a) inform all States which have signed or acceded to the presentProtocol of:

  (i) each new signature and each deposit of an instrumenttogether with the date thereof;

  (ii) the date of entry into force of the present Protocol;

  (iii) the deposit of any instrument of denunciation of presentProtocol together with the date on which the denunciation takes effect;

  (iv) any amendments to the present Protocol;

  (b) transmit certified true copies of the present Protocol to allStates which have signed the present Protocol or acceded thereto.

  3. Upon entry into force of the present Protocol, a certified truecopy thereof shall be transmitted by the Secretary-General to theSecretariat of the United Nations for registration and publication inaccordance with Article 102 of the Charter of the United Nations.Article VIII

  Languages

  The present Protocol is established in a single original in theEnglish and French languages, both texts being equally authentic.Official translations in the Russian and Spanish languages shall beprepared by the Secretary-General and deposited with the signed original.

  DONE AT LONDON this nineteenth day of November one thousand ninehundred and seventy-six.

  IN WITNESS WHEREOF the undersigned being duly authorized for thatpurpose have signed the present Protocol.

  ATTACHMENT TO THE FINAL ACT RESOLUTION

  The Conference to revise the unit of account provisions in the 1974Athens Convention relating to the Carriage of Passengers and their Luggageby Sea.

  Considering that a ??line in the value of money may affect, to aserious extent, the amounts established in the Convention.

  Recommends that the Participating Governments consider the problemwith a view to establishing a specific and efficient procedure for theexpeditious revision of such amounts in order to maintain their realvalue.

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