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1921年过境自由公约与规范 CONVENTION AND STATUTE ON FREEDOM OF TRANSIT, 1921

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颁布日期:19210420 实施日期:19210420 颁布单位:巴塞罗那

  Albania, Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, China,Colombia, Costa Rica, Cuba, Denmark, the British Empire (with New Zealandand India), Spain, Esthonia, Finland, France, Greece, Guatemala, Haiti,Honduras, Italy, Japan, Lativia, Lithuania, Luxemburg, Norway, Panama,Paraguay, the Netherlands, Persia, Poland, Portugal, Roumania, theSerb-Croat-Slovene State, Sweden, Switzerland, Czecho-Slovakia, Uruguayand Venezuela:

  Desirous of making provision to secure and maintain freedom ofcommunications and of transit,

  Being of opinion that in such matters general conventions to whichother Powers may accede at a later date constitute the best method ofrealising the purpose of Article 23 (e) of the Convention of the League ofNations,

  Recognising that it is well to proclaim the right of free transit andto make regulations thereon as being one of the best means of developingco-operation between States without prejudice to their rights ofsovereignty or authority over routes available for transit,

  Having accepted the invitation of the League of Nations to take partin a Conference at Barcelona which met on March 10, 1921, and having takennote of the final Act of such Conference,

  Anxious to bring into force forthwith the provisions of theRegulations relating to transit by rail or waterway adopted thereat,

  Wishing to conclude a Convention for this purpose, the HighContracting Parties have appointed Plenipotentiaries,

  Who, after communicating their full powers found in good and due form,have agreed as follows:Article 1

  The High Contracting Parties declare that they accept the Statute onFreedom of Transit annexed hereto, adopted by the Barcelona Conference onApril 14, 1921.

  This Statute will be deemed to constitute an integral part of thepresent Convention. Consequently, they hereby declare that they acceptthe obligations and undertakings of the said Statute in conformity withthe terms and in accordance with the conditions set out therein.Article 2

  The present Convention does not in any way affect the rights andobligations arising out of the provisions of the Treaty of Peace signed atVersailles on June 28, 1919 or out of the provisions of the othercorresponding Treaties, in so far as they concern the Powers which havesigned, or which benefit by, such Treaties.Article 3

  The present Convention, of which the French and English texts are bothauthentic, shall bear this day's date and shall be open for signatureuntil December 1, 1921.Article 4

  The present Convention is subject to ratification. The instruments ofratification shall be transmitted to the Secretary-General of the Leagueof Nations, who will notify the receipt of them to the other Members ofthe League and to States admitted to sign the Convention. The instrumentsof ratification shall be deposited in the archives of the Secretariat.

  In order to comply with the provisions of Article 18 of the Covenantof the League of Nations, the Secretary-General will register the presentConvention upon the deposit of the first ratification.Article 5

  Members of the League of Nations which have not signed the presentConvention before December 1, 1921, may accede to it.

  The same applies to States not Members of the League to which theCouncil of the League may decide officially to communicate the presentConvention.

  Accession will be notified to the Secretary-General of the League whowill inform all Powers concerned of the accession and of the date on whichit was notified.Article 6

  The present Convention will not come into force until it has beenratified by five Powers. The date of its coming into force shall be theninetieth day after the receipt by the Secretary-General of the League ofNations of the fifth ratification. Thereafter the present Convention willtake effect in the case of each Party ninety days after the receipt of itsratification or of the notification of its accession.

  Upon the coming into force of the present Convention, theSecretary-General will address a certified copy of it to the Powers notMembers of the League which are bound under the Treaties of Peace toaccede to it.Article 7

  A special record shall be kept by the Secretary-General of the Leagueof Nations, showing which of the Parties have signed, ratified, acceded toor denounced the present Convention. This record shall be open to theMembers of the League at all times; it shall be published as often aspossible in accordance with the directions of the Council.Article 8

  Subject to the provisions of Article 2 of the present Convention, thelatter may be denounced by any Party thereto after the expiration of fiveyears from the date when it came into force in respect of that Party.Denunciation shall be effected by notification in writing addressed to theSecretary-General of the League of Nations. Copies of such notificationshall be transmitted forthwith by him to all other Parties, informing themof the date on which it was received.

  The denunciation shall take effect one year after the date on which itwas notified to the Secretary-General, and shall operate only in respectof the notifying Power.Article 9

  A request for the revision of the present Convention may be made atany time by one-third of the High Contracting Parties.

  In faith whereof the above-named Plenipotentiaries have signed thepresent Convention.

  Done at Barcelona the twentieth day of April one thousand nine hundredand twenty-one, in a single copy which shall remain deposited in thearchives of the League of Nations.

  STATUTE ON FREEDOM OF TRANSIT

  Article 1

  Persons, baggage and goods, and also vessels, coaching and goodsstock, and other means of transport, shall be deemed to be in transitacross territory under the sovereignty or authority of one of theContracting States, when the passage across such territory, with orwithout transhipment, warehousing, breaking bulk, or change in the mode oftransport, is only a portion of a complete journey, beginning andterminating beyond the frontier of the State across whose territory thetransit takes place.

  Traffic of this nature is termed in this Statute “traffic in transit”。

  Article 2

  Subject to the other provisions of this Statute, the measures taken byContracting States for regulating and forwarding traffic across territoryunder their sovereignty or authority shall facilitate free transit by railor waterway on routes in use convenient for international transit. Nodistinction shall be made which is based on the nationality of persons,the flag of vessels, the place of origin, departure, entry, exit ordestination, or on any circumstances relating to the ownership of goods orof vessels, coaching or goods stock or other means of transport.

  In order to ensure the application of the provisions of this Article,Contracting States will allow transit in accordance with the customaryconditions and reserves across their territorial waters.

  Article 3

  Traffic in transit shall not be subject to any special dues in respectof transit (including entry and exit)。 Nevertheless, on such traffic intransit there may be levied dues intended solely to defray expenses ofsupervision and administration entailed by such transit. The rate of anysuch dues must correspond as nearly as possible with the expenses whichthey are intended to cover, and the dues must be imposed under theconditions of equality laid down in the preceding Article, except that oncertain routes, such dues may be reduced or even abolished on account ofdifferences in the cost of supervision.

  Article 4

  The Contracting States undertake to apply to traffic in transit onroutes operated or administered by the State or under concession, whatevermay be the place of departure or destination of the traffic, tariffswhich, having regard to the conditions of the traffic and toconsiderations of commercial competition between routes, are reasonable asregards both their rates and the method of their application. Thesetariffs shall be so fixed as to facilitate international traffic as muchas possible. No charges, facilities or restrictions shall depend, directlyor indirectly, on the nationality or ownership of the vessel or othermeans of transport on which any part of the complete journey has been oris to be accomplished.

  Article 5

  No Contracting State shall be bound by this Statute to afford transitfor passengers whose admission into its territories is forbidden, or forgoods of a kind of which the importation is prohibited, either on groundsof public health or security, or as a precaution against diseases ofanimals or plants.

  Each Contracting State shall be entitled to take reasonableprecautions to ensure that persons, baggage and goods, particularly goodswhich are the subject of a monopoly, and also vessels, coaching and goodsstock and other means of transport, are really in transit, as well as toensure that passengers in transit are in a position to complete theirjourney, and to prevent the safety of the routes and means ofcommunication being endangered.

  Nothing in this Statute shall affect the measures which one of theContracting States may feel called upon to take in pursuance of generalinternational Conventions to which it is a party, or which may beconcluded hereafter, particularly Conventions concluded under the auspicesof the League of Nations, relating to the transit, export or import ofparticular kinds of Articles, such as opium or other dangerous drugs,arms or the produce of fisheries, or in pursuance of general Conventionsintended to prevent any infringement of industrial, literary or artisticproperty, or relating to false marks, false indications of origin, orother methods of unfair competition.

  Any haulage service established as a monopoly on waterways used fortransit must be so organised as not to hinder the transit of vessels.

  Article 6

  This Statute does not of itself impose on any of the ContractingStates a fresh obligation to grant freedom of transit to the nationals andtheir baggage, or to the flag of a non-Contracting State, nor to thegoods, nor to coaching and goods stock or other means of transport comingor entering from, or leaving by, or destined for a non-Contracting State,except when a valid reason is shown for such transit by one of the otherContracting States concerned. It is understood that for the purposes ofthis Article, goods in transit under the flag of a Contracting Stateshall, if no transhipment takes place, benefit by the advantages grantedto that flag.

  Article 7

  The measures of a general or particular character which a ContractingState is obliged to take in case of an emergency affecting the safety ofthe State or the vital interests of the country may in exceptional cases,and for as short a period as possible, involve a deviation from theprovisions of the above Articles; it being understood that the principleof freedom of transit must be observed to the utmost possible extent.

  Article 8

  This Statute does not prescribe the rights and duties of belligerentsand neutrals in time of war. The Statute shall, however, continue in forcein time of war so far as such rights and duties permit.

  Article 9

  This Statute does not impose upon a Contracting State any obligationsconflicting with its rights and duties as a Member of the League ofNations.

  Article 10

  The coming into force of this Statute will not abrogate treaties,conventions and agreements on questions of transit concluded byContracting States before May 1, 1921.

  In consideration of such agreements being kept in force, ContractingStates undertake, either on the termination of the agreement or whencircumstances permit, to introduce into agreements so kept in force whichcontravene the provisions of this Statute the modifications required tobring them into harmony with such provisions, so far as the geographical,economic or technical circumstances of the countries or areas concernedallow.

  Contracting States also undertake not to conclude in future treaties,conventions or agreements which are inconsistent with the provisions ofthis Statute, except when geographical, economic or technicalconsiderations justify exceptional deviations therefrom.

  Furthermore, Contracting States may, in matters of transit, enter intoregional understandings consistent with the principles of this Statute.

  Article 11

  This Statute does not entail in any way the withdrawal of facilitieswhich are greater than those provided for in the Statute and have beengranted, under conditions consistent with its principles, to traffic intransit across territory under the sovereignty or authority of aContracting State. The Statute also entails no prohibitions of such grantof greater facilities in the future.

  Article 12

  In conformity with Article 23(c) of the Covenant of the League ofNations, any Contracting State which can establish a good case against theapplication of any provision of this Statute in some or all of itsterritory on the ground of the grave economic situation arising out of theacts of devastation perpetrated on its soil during the war 1914-1918,shall be deemed to be relieved temporarily of the obligations arising fromthe application of such provision, it being understood that the principleof freedom of transit must be observed to the utmost possible extent.

  Article 13

  Any dispute which may arise as to the interpretation or application ofthis Statute which is not settled directly between the parties themselvesshall be brought before the Permanent Court of International Justice,unless, under a special agreement or a general arbitration provision,steps are taken for the settlement of the dispute by arbitration or someother means.

  Proceedings are opened in the manner laid down in Article 40 of theStatute of the Permanent Court of International Justice.

  In order to settle such disputes, however, in a friendly way as far aspossible, the Contracting States undertake, before resorting to anyjudicial proceedings and without prejudice to the powers and right ofaction of the Council and of the Assembly, to submit such disputes for anopinion to any body established by the League of Nations, as the advisoryand technical organisation of the Members of the League in matters ofcommunications and transit. In urgent cases, a preliminary opinion mayrecommend temporary measures intended, in particular, to restore thefacilities for freedom of transit which existed before the act oroccurrence which gave rise to the dispute.

  Article 14

  In view of the fact that within or immediately adjacent to theterritory of some of the Contracting States there are areas or enclaves,small in extent and population in comparison with such territories, andthat these areas or enclaves form detached portions or settlements ofother parent States, and that it is impracticable for reasons of anadministrative order to apply to them the provisions of this Statute, itis agreed that these provisions shall not apply to them.

  The same stipulation applies where a colony or dependency has a verylong frontier in comparison with its surface and where in consequence itis practically impossible to afford the necessary Customs and policesupervision.

  The States concerned, however, will apply in the cases referred toabove a regime which will respect the principles of the present Statuteand facilitate transit and communications as far as practicable.

  Article 15

  It is understood that this Statute must not be interpreted asregulating in any way rights and obligations inter se of territoriesforming part or placed under the protection of the same sovereign State,whether or not these territories are individually Members of the League ofNations.

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