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国际海事卫星组织(INMARSAT)公约(一)

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国际海事卫星组织(INMARSAT)公约
CONVENTION ON THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION(INMARSAT)

颁布日期:19760903  实施日期:19790716  颁布单位:伦敦

  THE STATES PARTIES TO THIS CONVENTION:

  Considering the principle set forth in Resolution 1721 (XVI) of theGeneral Assembly of the United Nations that communication by means ofsatellites should be available to the nations of the world as soon aspracticable on a global and non-discriminatory basis,

  Considering the relevant provisions of the Treaty on PrinciplesGoverning the Activities of States in the Exploration and Use of OuterSpace, including the Moon and Other Celestial Bodies, concluded on 27January 1967, and in particular Article 1, which states that outer spaceshall be used for the benefit and in the interests of all countries,

  Taking into account that a very high proportion of world trade isdependent upon ships,

  Being aware that considerable improvements to the maritime distressand safety systems and to the communication link between ships and betweenships and their management as well as between crew or passengers on boardand persons on shore can be made by using satellites,

  Determined, to this end, to make provision for the benefit of ships ofall nations through the most advanced suitable space technology available,for the most efficient and economic facilities possible consistent withthe most efficient and equitable use of the radio frequency spectrum andof satellite orbits,

  Recognizing that a maritime satellite system comprises mobile earthstations and land earth stations, as well as the space segment, AGREE ASFOLLOWS:

  ARTICLE 1 Definitions

  For the purposes of this Convention:

  (a) “Operating Agreement” means the Operating Agreement on theInternational Maritime Satellite Organization (INMARSAT), including itsAnnex.

  (b) “Party” means a State for which this Convention has enteredinto force.

  (c) “Signatory” means either a Party or an entity designated inaccordance with Article 2 (3), for which the Operating Agreement hasentered into force.

  (d) “Space segment' means the satellites, and the tracking,telemetry, command, control, monitoring and related facilities andequipment required to support the operation of these satellites.

  (e) “INMARSAT space segment” means the space segment owned orleased by INMARSAT.

  (f) “Ship” means a vessel of any type operating in the marineenvironment. It includes inter alia hydrofoil boats, air-cushion vehicles,submersibles, floating craft and platforms not permanently moored.

  (g) “Property” means anything that can be the subject of a rightof ownership, including contractual rights.

  ARTICLE 2 Establishment of INMARSAT

  (1) The International Maritime Satellite Organization (INMARSAT),herein referred to as “the Organization”, is hereby established.

  (2) The Operating Agreement shall be concluded in conformity with theprovisions of this Convention and shall be opened for signature at thesame time as this Convention.

  (3) Each Party shall sign the Operating Agreement or shall designate acompetent entity, public or private, subject to the jurisdiction of thatParty, which shall sign the Operating Agreement.

  (4) Telecommunications administrations and entities may, subject toapplicable domestic law, negotiate and enter directly into appropriatetraffic agreements with respect to their use of telecommunicationsfacilities provided pursuant to this Convention and the OperatingAgreement, as well as with respect to services to be furnished to thepublic, facilities, division of revenues and related businessarrangements.

  ARTICLE 3 Purpose

  (1) The purpose of the Organization is to make provision for the spacesegment necessary for improving maritime communications, thereby assistingin improving distress and safety of life at sea communications, efficiencyand management of ships, maritime public correspondence services andradiodetermination capabilities.

  (2) The Organization shall seek to serve all areas where there is needfor maritime communications.

  (3) The Organization shall act exclusively for peaceful purposes.

  ARTICLE 4 Relations between a Party and its Designated Entity

  Where a Signatory is an entity designated by a Party:

  (a) Relations between the Party and the Signatory shall begoverned by applicable domestic law.

  (b) The Party shall provide such guidance and instructions as areappropriate and consistent with its domestic law to ensure that theSignatory fulfils its responsibilities.

  (c) The Party shall not be liable for obligations arising underthe Operating Agreement. The Party shall, however, ensure that theSignatory, in carrying out its obligations within the Organization, willnot act in a manner which violates obligations which the Party hasaccepted under this Convention or under related international agreements.

  (d) If the Signatory withdraws or its membership is terminated theParty shall act in accordance with Article 29(3) or 30(6)。

  ARTICLE 5 Operational and Financial Principles of the Organization

  (1) The Organization shall be financed by the contributions ofSignatories. Each Signatory shall have a financial interest in theOrganization in proportion to its investment share which shall bedetermined in accordance with the Operating Agreement.

  (2) Each Signatory shall contribute to the capital requirements of theOrganization and shall receive capital repayment and compensation for useof capital in accordance with the Operating Agreement.

  (3) The Organization shall operate on a sound economic and financialbasis having regard to accepted commercial principles.

  ARTICLE 6 Provision of Space Segment

  The Organization may own or lease the space segment.

  ARTICLE 7 Access to Space Segment

  (1) The INMARSAT space segment shall be open for use by ships of allnations on conditions to be determined by the Council. In determining suchconditions, the Council shall not discriminate among ships on the basis ofnationality.

  (2) The Council may, on a case-by-case basis, permit access to theINMARSAT space segment by earth stations located on structures operatingin the marine environment other than ships, if and as long as theoperation of such earth stations will not significantly affect theprovision of service to ships.

  (3) Earth stations on land communicating via the INMARSAT spacesegment shall be located on land territory under the jurisdiction of aParty and shall be wholly owned by Parties or entities subject to theirjurisdiction. The Council may authorize otherwise if it finds this to bein the interests of the Organization.

  ARTICLE 8 Other Space Segments

  (1) A Party shall notify the Organization in the event that it or anyperson within its jurisdiction intends to make provision for, or initiatethe use of, individually or jointly, separate space segment facilities tomeet any or all of the purposes of the INMARSAT space segment, to ensuretechnical compatibility and to avoid significant economic harm to theINMARSAT system.

  (2) The Council shall express its views in the form of arecommendation of a non-binding nature with respect to technicalcompatibility and shall provide its views to the Assembly with respect toeconomic harm.

  (3) The Assembly shall express its views in the form ofrecommendations of a non-binding nature within a period of nine monthsfrom the date of commencing the procedures provided for in this Article.An extraordinary meeting of the Assembly may be convened for this purpose.

  (4) The notification pursuant to paragraph (1), including theprovision of pertinent technical information, and subsequent consultationswith the Organization, shall take into account the relevant provisions ofthe Radio Regulations of the International Telecommunication Union.

  (5) This Article shall not apply to the establishment, acquisition,utilization or continuation of separate space segment facilities fornational security purposes, or which were contracted for, established,acquired or utilized prior to the entry into force of this Convention.

  ARTICLE 9 Structure

  The organs of the Organization shall be:

  (a) The Assembly.

  (b) The Council.

  (c) The Directorate headed by a Director General.

  ARTICLE 10 Assembly-Composition and Meetings

  (1) The Assembly shall be composed of all the Parties.

  (2) Regular sessions of the Assembly shall be held once every twoyears. Extraordinary sessions shall be convened upon the request ofone-third of the Parties or upon the request of the Council.

  ARTICLE 11 Assembly-Procedure

  (1) Each Party shall have one vote in the Assembly.

  (2) Decisions on matters of substance shall be taken by a two-thirdsmajority, and on procedural matters by a simple majority, of the Partiespresent and voting. Parties which abstain from voting shall be consideredas not voting.

  (3) Decisions whether a question is procedural or substantive shall betaken by the Chairman. Such decisions may be overruled by a two-thirdsmajority of the Parties present and voting.

  (4) A quorum for any meeting of the Assembly shall consist of amajority of the Parties.

  ARTICLE 12 Assembly-Functions

  (1) The functions of the Assembly shall be to:

  (a) Consider and review the activities, purposes, general policyand long-term objectives of the Organization and express views and makerecommendations thereon to the Council.

  (b) Ensure that the activities of the Organization are consistentwith this Convention and with the purposes and principles of the UnitedNations Charter, as well as with any other treaty by which theOrganization becomes bound in accordance with its decision.

  (c) Authorize, on the recommendation of the Council, theestablishment of additional space segment facilities the special orprimary purpose of which is to provide radiodetermination, distress orsafety services. However, the space segment facilities established toprovide maritime public correspondence services can be used fortelecommunications for distress, safety and radiodetermination purposeswithout such authorization.

  (d) Decide on other recommendations of the Council and expressviews on reports of the Council.

  (e) Elect four representatives on the Council in accordance withArticle 13 (1) (b)。

  (f) Decide upon questions concerning formal relationships betweenthe Organization and States, whether Parties or not, and internationalorganizations.

  (g) Decide upon any amendment to this Convention pursuant toArticle 34 or to the Operating Agreement pursuant to Article XVIIIthereof.

  (h) Consider and decide whether membership be terminated inaccordance with Article 30.

  (i) Exercise any other functions conferred upon it in any otherArticle of this Convention or the Operating Agreement.

  (2) In performing its functions the Assembly shall take into accountany relevant recommendations of the Council.

  ARTICLE 13 Council-Composition

  (1) The Council shall consist of twenty-two representatives ofSignatories as follows:

  (a) Eighteen representatives of those Signatories, or groups ofSignatories not otherwise represented, which have agreed to berepresented as a group, which have the largest investment shares, in theOrganization. If a group of Signatories and a single signatory have equalinvestment shares, the latter shall have the prior right. If by reason oftwo or more Signatories having equal investment shares the number ofrepresentatives on the Council would exceed twenty-two, all shallnevertheless, exceptionally, be represented.

  (b) Four representatives of Signatories not otherwise representedon the Council, elected by the Assembly, irrespective of their investmentshares, in order to ensure that the principle of just geographicalrepresentation is taken into account, with due regard to the interests ofthe developing countries. Any Signatory elected to represent ageographical area shall represent each Signatory in that geographical areawhich has agreed to be so represented and which is not otherwiserepresented on the Council. An election shall be effective as from thefirst meeting of the council following that election, and shall remaineffective until the next ordinary meeting of the Assembly.

  (2) Deficiency in the number of representatives on the Council pendingthe filling of a vacancy shall not invalidate the composition of theCouncil.

  ARTICLE 14 Council-Procedure

  (1) The Council shall meet as often as may be necessary for theefficient discharge of its functions, but not less than three times ayear.

  (2) The Council shall endeavour to take decisions unanimously. Ifunanimous agreement cannot be reached, decisions shall be taken asfollows: Decisions on substantive matters shall be taken by a majority ofthe representatives on the Council representing at least two-thirds of thetotal voting participation of all Signatories and groups of Signatoriesrepresented on the Council. Decisions on procedural matters shall be takenby a simple majority of the representatives present and voting, eachhaving one vote. Disputes whether a specific matter is procedural orsubstantive shall be decided by the Chairman of the Council. The decisionof the Chairman may be overruled by a two-thirds majority of therepresentatives present and voting, each having one vote. The Council mayadopt a different voting procedure for the election of its officers.

  (3) (a) Each representative shall have a voting participationequivalent to the investment share or shares he represents. However, norepresentative may cast on behalf of one Signatory more than 25 per centof the total voting participation in the Organization except as providedin sub-paragraph (b) (iv)。

  (b) Notwithstanding Article V (9), (10) and (12) of the OperatingAgreement:

  (i) If a Signatory represented on the Council is entitled,based on its investment share, to a voting participation in excess of 25per cent of the total voting participation in the Organization, it mayoffer to other Signatories any or all of its investment share in excess of25 per cent.

  (ii) Other Signatories may notify the Organization that theyare prepared to accept any or all of such excess investment share. If thetotal of the amounts notified to the Organization does not exceed theamount available for distribution, the latter amount shall be distributedby the Council to the notifying Signatories in accordance with the amountsnotified. If the total of the amounts notified does exceed the amountavailable for distribution, the latter amount shall be distributed by theCouncil as may be agreed among the notifying Signatories, or failingagreement, in proportion to the amounts notified.

  (iii) Any such distribution shall be made by the Council atthe time of determinations of investment shares pursuant to Article V ofthe Operating Agreement. Any distribution shall not increase theinvestment share of any Signatory above 25 per cent.

  (iv) To the extent that the investment share of the Signatoryin excess of 25 per cent offered for distribution is not distributed inaccordance with the procedure set forth in this paragraph, the votingparticipation of the representative of the Signatory may exceed 25 percent.

  (c) To the extent that a Signatory decides not to offer its excessinvestment share to other Signatories, the corresponding votingparticipation of that Signatory in excess of 25 per cent shall bedistributed equally to all other representatives on the Council.

  (4) A quorum for any meeting of the Council shall consist of amajority of the representatives on the Council, representing at leasttwo-thirds of the total voting participation of all Signatories and groupsof Signatories represented on the Council.

  ARTICLE 15 Council-Functions

  The Council shall have the responsibility, having due regard for theviews and recommendations of the Assembly, to make provision for the spacesegment necessary for carrying out the purposes of the Organization in themost economic, effective and efficient manner consistent with thisConvention and the Operating Agreement. To discharge this responsibility,the Council shall have the power to perform all appropriate functions,including:

  (a) Determination of maritime satellite telecommunicationsrequirements and adoption of policies, plans, programmes, procedures andmeasures for the design, development, construction, establishment,acquisition by purchase or lease, operation, maintenance and utilizationof the INMARSAT space segment, including the procurement of any necessarylaunch services to meet such requirements.

  (b) Adoption and implementation of management arrangements whichshall require the Director General to contract for technical andoperational functions whenever this is more advantageous to theOrganization.

  (c) Adoption of criteria and procedures for approval of earthstations on land, on ships and on structures in the marine environment foraccess to the INMARSAT space segment and for verification and monitoringof performance of earth stations having access to and utilization of theINMARSAT space segment. For earth stations on ships, the criteria shouldbe in sufficient detail for use by national licensing authorities, attheir discretion, for type-approval purposes.

  (d) Submission of recommendations to the Assembly in accordancewith Article 12 (1) (c)。

  (e) Submission to the Assembly of periodic reports on theactivities of the Organization, including financial matters.

  (f) Adoption of procurement procedures, regulations and contractterms and approval of procurement contracts consistent with thisConvention and the Operating Agreement.

  (g) Adoption of financial policies, approval of the financialregulations, annual budget and annual financial statements, periodicdetermination of charges for use of the INMARSAT space segment, anddecisions with respect to all other financial matters, includinginvestment shares and capital ceiling consistent with this Convention andthe Operating Agreement.

  (h) Determination of arrangements for consultation on a continuingbasis with bodies recognized by the Council as representing shipowners,maritime personnel and other users of maritime telecommunications.

  (i) Designation of an arbitrator where the Organization is a partyto an arbitration.

  (j) Exercise of any other functions conferred upon it in any otherArticle of this Convention or the Operating Agreement or any otherfunction appropriate for the achievement of the purposes of theOrganization.

  ARTICLE 16 Directorate

  (1) The Director General shall be appointed, from among candidatesproposed by Parties or Signatories through Parties, by the Council,subject to confirmation by the Parties. The Depositary shall immediatelynotify the Parties of the appointment. The appointment is confirmed unlesswithin sixty days of the notification more than one-third of the Partieshave informed the Depositary in writing of their objection to theappointment. The Director General may assume his functions afterappointment and pending confirmation.

  (2) The term of office of the Director General shall be six years.However, the Council may remove the Director General earlier on its ownauthority. The Council shall report the reasons for the removal to theAssembly.

  (3) The Director General shall be the chief executive and legalrepresentative of the Organization and shall be responsible to and underthe direction of the Council.

  (4) The structure, staff levels and standard terms of employment ofofficials and employees and of consultants and other advisers to theDirectorate shall be approved by the Council.

  (5) The Director General shall be appoint the members of theDirectorate. The appointment of senior officials reporting directly to theDirector General shall be approved by the Council.

  (6) The paramount consideration in the appointment of the DirectorGeneral and other personnel of the Directorate shall be the necessity ofensuring the highest standards of integrity, competency and efficiency.

  ARTICLE 17 Representation at Meetings

  All Parties and Signatories which, under this Convention or theOperating Agreement, are entitled to attend and/or participate at meetingsof the Organization shall be allowed to attend and/or participate at suchmeetings as well as any other meeting held under the auspices of theOrganization, regardless of where the meeting may take place. Thearrangements made with any host country shall be consistent with theseobligations.

  ARTICLE 18 Costs of Meetings

  (1) Each Party and Signatory shall meet its own costs ofrepresentation at meetings of the Organization.

  (2) Expenses of meetings of the Organization shall be regarded as anadministrative cost of the Organization. However, no meeting of theOrganization shall be held outside its headquarters, unless theprospective host agrees to defray the additional expenditure involved.

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