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1967年建造中船舶权利登记公约 CONVENTION RELATING TO REGISTRATION OF RIGHTS IN RESPECT OF VES-SELS UNDER CONSTRUCTION, 1967

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颁布日期:19670527  实施日期:19670527  颁布单位:布鲁塞尔

  The Contracting parties,

  Having recognized the desirability of determining by agreement certainrules relating to registration of rights in respect of ships underconstruction.

  Have decided to conclude a convention for this purpose, and theretoagreed as follows:

  Article 1

  The Contracting States undertake that their national law shall containprovisions permitting the registration in accordance with the provisionsof this Convention, in an official public register established by or underthe control of the State, of the rights set out in Article 5 in respect ofvessels which are to be or are being constructed within their territories.

  The registration of such rights may be restricted to vessels which,under the national law of the state of registration, will be of a type andsize making them eligible, when completed, for registration as seagoingvessels.

  Article 2

  The Contracting States may restrict registration of such rights tocases where vessels are to be or are being constructed for a foreignpurchaser.

  The Contracting States shall allow registration of rights in respectof vessels which are to be or are being constructed irrespective of thenationality or domicile of the applicant. However, the foregoing shallnot effect any provision of the national law of the State of registrationrestricting the acquisition of such rights by aliens or for controllingshipbuilding.

  The effects of registrations under the provisions of this Conventionas regards the national status of any vessel shall be determined by thelaw of the State where the vessel is to be or is being constructed.

  Article 3

  No right in respect of a vessel which is to be or is being constructedwithin the territory of a Contracting State shall be admissible forregistration in any other Contracting State.

  Article 4

  Registration of rights in respect of a vessel which is to be or isbeing constructed shall be permitted when a contract for the building of aproperly specified vessel has been executed or the builder declares thathe has decided to build such a vessel for his own account.

  However, the national law may make it a condition for registrationthat the keel has been laid or equivalent constructional work has beenperformed in the place of launching.

  Article 5

  Titles to and mortgages and “hypotheques” on a vessel which is to beor is being constructed shall, on application, be entered in the register.

  Article 6

  The effects of the registration of the rights set out in Article 5,including the ranking of mortgages and “hypotheques” between themselves,shall be determined by the law of the State where the vessel is to be oris being constructed; however, without prejudice to the provisions of thisConvention, all matters relating to the procedure of enforcement shall beregulated by the law of the State where the enforcement takes place.

  Article 7

  The ranking between registered mortgages and “hypotheques” on vesselsunder construction on the one hand and liens and rights of retention ofsuch vessels on the other hand shall be determined according to the rulesapplicable to vessels registered after completion.

  Article 8

  The national law may provide that the registered rights on a vesselunder construction shall attach to materials, machinery and equipmentwhich are within the precincts of the builder's yard and which by markingor other means are distinctly identified as intended to be incorporated inthe vessel.

  Article 9

  The rights set out in Article 5 which are registered in one of theContracting States in accordance with the national law of such State, andthe priority thereby obtained, shall be recognized in all otherContracting States.

  Article 10

  No Contracting State shall permit, except in the case of forced sale,the deregistration of the rights set out in Article 5 without the writtenconsent of the holders of such rights.

  A vessel which is being or has been constructed in a Contracting Stateshall not be eligible for registration in another Contracting State unlessa certificate has been issued by the former State to the effect that therights registered pursuant to Article 5 have been deregistered or thatsuch rights will be deregistered on the day when the vessel is registered.

  Article 11

  Any dispute between two or more Contracting Parties concerning theinterpretation or application of this Convention which cannot be settledthrough negotiation, shall, at the request of one of them, be submitted toarbitration. If within six months from the date of the request forarbitration the parties are unable to agree on the organization of thearbitration, any one of those parties may refer the dispute to theInternational Court of Justice by request in conformity with the Statuteof the Court.

  Article 12

  1. Each Contracting Party may at the time of signature or ratificationof this Convention or accession thereto, declare that it does not consideritself bound by Article 11 of the Convention. The other ContractingParties shall not be bound by this Article with respect to any ContractingParty having made such a reservation.

  2. Any Contracting Party having made a reservation in accordance withparagraph 1 may at any time withdraw this reservation by notification tothe Belgian Government.

  Article 13

  This Convention shall be open for signature by the States representedat the twelfth session of the Diplomatic Conference on Maritime Law.

  Article 14

  This Convention shall be ratified and the instruments of ratificationshall be deposited with the Belgian Government.

  Article 15

  1. This Convention shall come into force three months after the dateof the deposit of the fifth instrument of ratification.

  2. This Convention shall come into force in respect of each signatoryState which ratifies it after the deposit of the fifth instrument ofratification, three months after the date of the deposit of the instrumentof ratification.

  Article 16

  1. States, Members of the United Nations or Members of the specializedagencies, not represented at the twelfth session of the DiplomaticConference on Maritime Law, may accede to this Convention.

  2. The instruments of accession shall be deposited with the BelgianGovernment.

  3. The Convention shall come into force in respect of the accedingState three months after the date of deposit of the instrument ofaccession of that State, but not before the date of entry into force ofthe Convention as established by Article 15 (1)。

  Article 17

  Each Contracting Party shall have the right to denounce thisConvention at any time after the coming into force thereof in respect ofsuch Contracting Party. Nevertheless, this denunciation shall only takeeffect one year after the date on which notification thereof has beenreceived by the Belgian Government.

  Article 18

  1. Any Contracting Party may at the time of signature, ratification oraccession to this Convention or at any time thereafter declare by writtennotification to the Belgian Government which, among the territories underits sovereignty or for whose international relations it is responsible,are those to which the present Convention applies.

  The Convention shall three months after the date of the receipt ofsuch notification by the Belgian Government, extend to the territoriesnamed therein.

  2. Any Contracting Party which has made a declaration under paragraph(1) of this Article may at any time thereafter declare by notificationgiven to the Belgian Government that the Convention shall cease to extendto such territories.

  This denunciation shall take effect one year after the date on whichnotification thereof has been received by the Belgian Government.

  Article 19

  The Belgian Government shall notify the State represented at thetwelfth session of the Diplomatic Conference on Maritime Law, and theacceding States to this Convention, of the following:

  1. The signatures, ratifications and accessions received in accordancewith Articles 13, 14 and 16.

  2. The date on which the present Convention will come into force inaccordance with Article 15.

  3. The notifications with regard to Articles 12 and 18.

  4. The denunciations received in accordance with Article 17.

  Article 20

  Any Contracting Party may three years after the coming into force ofthis Convention, in respect of such Contracting Party, or at any timethereafter request that a Conference be convened in order to consideramendments to this Convention.

  Any Contracting Party proposing to avail itself of this right shallnotify the Belgian Government which, provided that one-third of theContracting Parties are in agreement, shall convene the Conference withinsix months thereafter.

  In witness whereof the undersigned plenipotentiaries, duly authorized,have signed this Convention.

  Done at Brussels, this 27th day of May 1967, in the French and Englishlanguages, both texts being equally authentic, in a single copy, whichshall remain deposited in the archives of the Belgian Government, whichshall issue certified copies.

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