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1952年统一海船扣押某些规定的国际公约 INTERNATIONAL CONVENTION FOR THE UNIFICATION

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颁布日期:19520510  实施日期:19520510  颁布单位:布鲁塞尔

  THE HIGH CONTRACTING PARTIES,

  HAVING RECOGNISED the desirability of determining by agreement certainuniform rules of law relating to the arrest of seagoing ships, havedecided to conclude a convention, for this purpose and hereto have agreedas follows:

  Article 1

  In this Convention the following words shall have the meanings herebyassigned to them:

  (1) “Maritime Claim” means a claim arising out of one or more of thefollowing:

  (a) damage caused by any ship either in collision or otherwise;

  (b) loss of life or personal injury caused by any ship oroccurring in connection with the operation of any ship;

  (c) salvage;

  (d) agreement relating to the use or hire of any ship whether bycharterparty or otherwise;

  (e) agreement relating to the carriage of goods in any shipwhether by charterparty or otherwise;

  (f) loss of or damage to goods including baggage carried in anyship;

  (g) general average;

  (h) bottomry;

  (i) towage;

  (j) pilotage;

  (k) goods or materials wherever supplied to a ship for heroperation or maintenance;

  (l) construction, repair or equipment of any ship or dock chargesand dues;

  (m) wages of masters, officers, or crew;

  (n) master's disbursements, including disbursements made byshippers. charterers or agents on behalf of a ship or her owner;

  (o) disputes as to the title to or ownership of any ship;

  (p) disputes between co-owners of any ship as to the ownership,possession employment or earnings of that ship;

  (q) the mortgage or hypothecation of any ship.

  (2) “Arrest” means the detention of a ship by judicial process tosecure a maritime claim, but does not include the seizure of a ship inexecution or satisfaction of a judgment.

  (3) “Person” includes individuals, partnerships and bodies corporate,Governments, their Departments, and Public Authorities.

  (4) “Claimant” means a person who alleges that a maritime claim existsin his favour.

  Article 2

  A ship flying the flag of one of the Contracting States may bearrested in the jurisdiction of any of the Contracting States in respectof any maritime claim, but in respect of no other claim; but nothing inthis Convention shall be deemed to extend or restrict any right or powersvested in any Governments or their Departments, Public Authorities, orDock or Harbour Authorities under their existing domestic laws orregulations to arrest, detain or otherwise prevent the sailing of vesselswithin their jurisdiction.

  Article 3

  (1) Subject to the provisions of para. (4) of this Article and ofArticle 10, a claimant may arrest either the particular ship in respect ofwhich the maritime claim arose, or any other ship which is owned by theperson who was, at the time when the maritime claim arose, the owner ofthe particular ship, even though the ship arrested be ready to sail; butno ship, other than the particular ship in respect of which the claimarose, may be arrested in respect of any of the maritime claims enumeratedin Article 1(1) (o), (p) or (q)。

  (2) Ships shall be deemed to be in the same ownership when all theshares therein are owned by the same person or persons.

  (3) A ship shall not be arrested, nor shall bail or other security begiven more than once in any one or more of the jurisdictions of any of theContracting States in respect of the same maritime claim by the sameclaimant; and, if a ship has been arrested in any one of suchjurisdictions, or bail or other security has been given in suchjurisdiction either to release the ship or to avoid a threatened arrest,any subsequent arrest of the ship or of any ship in the same ownership bythe same claimant for the same maritime claim shall be set aside, and theship released by the Court or other appropriate judicial authority of thatState, unless the claimant can satisfy the Court or other appropriatejudicial authority that the bail or other security had been finallyreleased before the subsequent arrest or that there is other good causefor maintaining that arrest.

  (4) When in the case of a charter by demise of a ship the chartererand not the registered owner is liable in respect of a maritime claimrelating to that ship, the claimant may arrest such ship or any other shipin the ownership of the charterer by demise, subject to the provisions ofthis Convention, but no other ship in the ownership of the registeredowner shall be liable to arrest in respect of such maritime claims.

  The provisions of this paragraph shall apply to any case in which aperson other than the registered owner of a ship is liable in respect of amaritime claim relating to that ship.

  Article 4

  A ship may only be arrested under the authority of a Court or of theappropriate judicial authority of the Contracting State in which thearrest is made.

  Article 5

  The Court or other appropriate judicial authority within whosejurisdiction the ship has been arrested shall permit the release of theship upon sufficient bail or other security being furnished, save incases in which a ship has been arrested in respect of any of the maritimeclaims enumerated in Article 1(1) (o) and (p)。 In such cases the Court orother appropriate judicial authority may permit the person in possessionof the ship to continue trading the ship, upon such person furnishingsufficient bail or other security, or may otherwise deal with theoperation of the ship during the period of the arrest.

  In default of agreement between the parties as to the sufficiency ofthe bail or other security, the Court or other appropriate judicialauthority shall determine the nature and amount thereof.

  The request to release the ship against such security shall not beconstrued as an acknowledgment of liability or as a waiver of the benefitof the legal limitation of liability of the owner of the ship.

  Article 6

  All questions whether in any case the claimant is liable in damagesfor the arrest of a ship or for the costs of the bail or other securityfurnished to release or prevent the arrest of a ship, shall be determinedby the law of the Contracting State in whose jurisdiction the arrest wasmade or applied for.

  The rules of procedure relating to the arrest of a ship, to theapplication for obtaining the authority referred to in Article 4, and toall matters of procedure which the arrest may entail, shall be governedby the law of the Contracting State in which the arrest was made orapplied for.

  Article 7

  (1) The Courts of the country in which the arrest was made shall havejurisdiction to determine the case upon its merits if the domestic law ofthe country in which the arrest is made gives jurisdiction to such Courts,or in any of the following cases namely:

  (a) if the claimant has his habitual residence or principle placeof business in the country in which the arrest was made;

  (b) if the claim arose in the country in which the arrest wasmade;

  (c) if the claim concerns the voyage of the ship during which thearrest was made;

  (d) if the claim arose out of a collision or in circumstancescovered by Article 13 of the International Convention for the Unificationof certain Rules of Law with respect to Collisions between Vessels, signedat Brussels on September 23, 1910;

  (e) if the claim is for salvage;

  (f) if the claim is upon a mortgage or hypothecation of the shiparrested.

  (2) If the Court within whose jurisdiction the ship was arrested hasno jurisdiction to decide upon the merits, the bail or other securitygiven in accordance with Article 5 to procure the release of the shipshall specifically provide that it is given as security for thesatisfaction of any judgment which may eventually be pronounced by a Courthaving jurisdiction so to decide; and the Court or other appropriatejudicial authority of the country in which the arrest is made shall fixthe time within which the claimant shall bring an action before a Courthaving such jurisdiction.

  (3) If the parties have agreed to submit the dispute to thejurisdiction of a particular Court other than that within whosejurisdiction the arrest was made or to arbitration, the Court or otherappropriate judicial authority within whose jurisdiction the arrest wasmade may fix the time within which the claimant shall bring proceedings.

  (4) If, in any of the cases mentioned in the two preceding paragraphs,the action or proceedings are not brought within the time so fixed, thedefendant may apply for the release of the ship or of the bail or othersecurity.

  (5) This Article shall not apply in cases covered by the provisions ofthe revised Rhine Navigation Convention of October 17, 1868.

  Article 8

  (1) The provisions of this Convention shall apply to any vessel flyingthe flag of a Contracting State in the jurisdiction of any ContractingState.

  (2) A ship flying the flag of a non-Contracting State may be arrestedin the jurisdiction of any Contracting State in respect of any of themaritime claims enumerated in Article 1 or of any other claim for whichthe law of the Contracting State permits arrest.

  (3) Nevertheless any Contracting State shall be entitled wholly orpartly to exclude from the benefits of this Convention any Government of anon-Contracting State or any person who has not, at the time of thearrest, his habitual residence or principal place of business in one ofthe Contracting States.

  (4) Nothing in this Convention shall modify or affect the rules of lawin force in the respective Contracting States relating to the arrest ofany ship within the jurisdiction of the State of her flag by a person whohas his habitual residence or principal place of business in that State.

  (5) When a maritime claim is asserted by a third party other than theoriginal claimant. whether by subrogation, assignment or otherwise, suchthird Party shall for the purpose of this Convention, be deemed to havethe same habitual residence or principal place of business as the originalclaimant.

  Article 9

  Nothing in this Convention shall be construed as creating a right ofaction, which, apart from the provisions of this Convention, would notarise under the law applied by the Court which had seisin of the case, noras creating any maritime liens which do not exist under such law or underthe Convention on Maritime Mortgages and Liens, if the latter isapplicable.

  Article 10

  The High Contracting Parties may at the time of signature, deposit orratification or accession, reserve

  (a) the right not to apply this Convention to the arrest of a shipfor any of the claims enumerated in paragraphs (o) and (p) of Article 1but to apply their domestic laws to such claims;

  (b) the right not to apply the first paragraph of Article 3 to thearrest of a ship, within their jurisdiction, for claims set out in Article1, paragraph (q)。

  Article 11

  The High Contracting Parties undertake to submit to arbitration anydisputes between States arising out of the interpretation or applicationof this Convention, but this shall be without prejudice to the obligationsof those High Contracting Parties who have agreed to submit their disputesto the International Court of Justice.

  Article 12

  This Convention shall be open for signature by the State representedat the Ninth Diplomatic Conference on Maritime Law. The protocol ofsignature shall be drawn up through the good offices of the BelgianMinister of Foreign Affairs.

  Article 13

  This Convention shall be ratified and the instruments of ratificationshall be deposited with the Belgian Ministry of Foreign Affairs whichshall notify all signatory and acceding States of the deposit of any suchinstruments.

  Article 14

  (a) This Convention shall come into force between the two States whichfirst ratify it, six months after the date of the deposit of the secondinstrument of ratification.

  (b) This Convention shall come into force in respect of each signatoryState which ratifies it after the deposit of the second instrument ofratification six months after the date of the deposit of the instrument ofratification of that State.

  Article 15

  Any State not represented at the Ninth Diplomatic Conference onMaritime Law may accede to this Convention.

  The accession of any State shall be notified to the Belgian Ministryof Foreign Affairs which shall inform through diplomatic channels allsignatory and acceding States of such notification.

  The Convention shall come into force in respect of the acceding Statesix months after the date of the receipt of such notification but notbefore the Convention has come into force in accordance with theprovisions of Article 14(a)。

  Article 16

  Any High Contracting Party may three years after the coming into forceof this Convention in respect of such High Contacting Party or at any timethereafter request that a conference be convened in order to consideramendments to the Convention.

  Any High Contracting Party proposing to avail itself of this rightshall notify the Belgian Government which shall convene the conferencewithin six months thereafter.

  Article 17

  Any High Contracting Party shall have the right to denounce thisConvention at any time after the coming into force thereof in respect ofsuch High Contracting Party. This denunciation shall take effect one yearafter the date on which notification thereof has been received by theBelgian Government which shall inform through diplomatic channels all theother High Contracting Parties of such notification.

  Article 18

  (a) Any High Contracting Party may at the time of its ratification ofor accession to this Convention or at any time thereafter declare bywritten notification to the Belgian Ministry of Foreign Affairs that theConvention shall extend to any of the territories for whose internationalrelations it is responsible. The Convention shall six months after thedate of the receipt of such notification by the Belgian Ministry ofForeign Affairs extend to the territories named therein, but not beforethe date of the coming into force of the Convention in respect of suchHigh Contracting Party.

  (b) A High Contracting Party which has made a declaration underparagraph (a) of this Article extending the Convention to any territoryfor whose international relations it is responsible may at any timethereafter declare by notification given to the Belgian Ministry ofForeign Affairs that the Convention shall cease to extend to suchterritory and the Convention shall one year after the receipt of thenotification by the Belgian Ministry of Foreign Affairs cease to extendthereto.

  (c) The Belgian Ministry of Foreign Affairs shall inform throughdiplomatic channels all signatory and acceding States of any notificationreceived by it under this Article.

  DONE in Brussels, on May 10, 1952, in the French and Englishlanguages, the two texts being equally authentic.

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