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1948年国际海事组织公约(一)

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1948年国际海事组织公约
CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION, 1948

颁布日期:19480306  实施日期:19580317  颁布单位:日内瓦

  The States parties to the present Convention hereby establish theInternational Maritime Organization (hereinafter referred to as “theOrganization”)。

  PART I Purposes of the Organization

  Article 1

  The purposes of the Organization are:

  (a) To provide machinery for co-operation among Governments in thefield of governmental regulation and practices relating to technicalmatters of all kinds affecting shipping engaged in international trade; toencourage and facilitate the general adoption of the highest practicablestandards in matters concerning the maritime safety, efficiency ofnavigation and prevention and control of marine pollution from ships; andto deal with administrative and legal matters related to the purposes setout in this Article;

  (b) To encourage the removal of discriminatory action and unnecessaryrestrictions by Governments affecting shipping engaged in internationaltrade so as to promote the availability of shipping services to thecommerce of the world without discrimination; assistance and encouragementgiven by a Government for the development of its national shipping and forpurposes of security does not in itself constitute discrimination,provided that such assistance and encouragement is not based on measuresdesigned to restrict the freedom of shipping of all flags to take part ininternational trade;

  (c) To provide for the consideration by the Organization of mattersconcerning unfair restrictive practices by shipping concerns in accordancewith Part II;

  (d) To provide for the consideration by the Organization of anymatters concerning shipping and the effect of shipping on the marineenvironment that may be referred to it by any organ or specialized agencyof the United Nations;

  (e) To provide for the exchange of information among Governments onmatters under consideration by the Organization.

  PART II Functions

  Article 2

  In order to achieve the purposes set out in Part I, the Organizationshall:

  (a) Subject to the provisions of Article 3, consider and makerecommendations upon matters arising under Article 1 (a), (b) and (c) thatmay be remitted to it by Members, by any organ or specialized agency ofthe United Nations or by any other intergovernmental organization or uponmatters referred to it under Article 1 (d);

  (b) Provide for the drafting of conventions, agreements, or othersuitable instruments, and recommend these to Governments and tointergovernmental organizations, and convene such conferences as may benecessary;

  (c) Provide machinery for consultation among Members and the exchangeof information among Governments;

  (d) Perform functions arising in connexion with paragraphs (a), (b)and (c) of this Article, in particular those assigned to it by or underinternational instruments relating to maritime matters and the effect ofshipping on the marine environment;

  (e) Facilitate as necessary, and in accordance with Part X, technicalco-operation within the scope of the Organization.

  Article 3

  In those matters which appear to the Organization capable ofsettlement through the normal processes of international shipping businessthe Organization shall so recommend. When, in the opinion of theOrganization, any matter concerning unfair restrictive practices byshipping concerns is incapable of settlement through the normal processesof international shipping business, or has in fact so proved, and providedit shall first have been the subject of direct negotiations between theMembers concerned, the Organization shall, at the request of one of thoseMembers, consider the matter.

  PART III Membership

  Article 4

  Membership in the Organization shall be open to all States, subject tothe provisions of Part III.

  Article 5

  Members of the United Nations may become Members of the Organizationby becoming parties to the Convention in accordance with the provisions ofArticle 71.

  Article 6

  States not Members of the United Nations which have been invited tosend representatives to the United Nations Maritime Conference convened inGeneva on 19 February 1948, may become Members by becoming parties to theConvention in accordance with the provisions of Article 71.

  Article 7

  Any State not entitled to become a Member under Article 5 or 6 mayapply through the Secretary-General of the Organization to become a Memberand shall be admitted as a Member upon its becoming a party to theConvention in accordance with the provisions of Article 71 provided that,upon the recommendation of the Council, its application has been approvedby two-thirds of the Members other than Associate Members.

  Article 8

  Any Territory or group of Territories to which the Convention has beenmade applicable under Article 72, by the Member having responsibility forits international relations or by the United Nations, may become anAssociate Member of the Organization by notification in writing given bysuch Member or by the United Nations, as the case may be, to the SecretaryGeneral of the United Nations.

  Article 9

  An Associate Member shall have the rights and obligations of a Memberunder the Convention except that it shall not have the right to vote or beeligible for membership on the Council and subject to this the word“Member” in the Convention shall be deemed to include Associate Memberunless the context otherwise requires.Article 10

  No State or Territory may become or remain a Member of theOrganization contrary to a resolution of the General Assembly of theUnited Nations.

  PART IV Organs

  Article 11

  The Organization shall consist of an Assembly, a Council, a MaritimeSafety Committee, a Legal Committee, a Marine Environment ProtectionCommittee, a Technical Co-operation Committee and such subsidiary organsas the Organization may at any time consider necessary; and aSecretariat.

  PART V The Assembly

  Article 12

  The Assembly shall consist of all the Members.

  Article 13

  Regular sessions of the Assembly shall take place once every twoyears. Extraordinary sessions shall be convened after a notice of sixtydays whenever one-third of the Members give notice to theSecretary-General that they desire a session to be arranged, or at anytime if deemed necessary by the Council, after a notice of sixty days.

  Article 14

  A majority of the Members other than Associate Members shallconstitute a quorum for the meetings of the Assembly.

  Article 15

  The functions of the Assembly shall be:

  (a) To elect at each regular session from among its Members, otherthan Associate Members, its President and two Vice-Presidents who shallhold office until the next regular session;

  (b) To determine its own Rules of Procedure except as otherwiseprovided in the Convention;

  (c) To establish any temporary or, upon recommendation of the Council,permanent subsidiary bodies it may consider to be necessary;

  (d) To elect the Members to be represented on the Council as providedin Article 17;

  (e) To receive and consider the reports of the Council, and to decideupon any question referred to it by the Council;

  (f) To approve the work programme of the Organization;

  (g) To vote the budget and determine the financial arrangements of theOrganization, in accordance with Part XII;

  (h) To review the expenditures and approve the accounts of theOrganization;

  (i) To perform the functions of the Organization, provided that inmatters relating to Article 2 (a) and (b), the Assembly shall refer suchmatters to the Council for formulation by it of any recommendations orinstruments thereon; provided further that any recommendations orinstruments submitted to the Assembly by the Council and not accepted bythe Assembly shall be referred back to the Council for furtherconsideration with such observations as the Assembly may make;

  (j) To recommend to Members for adoption regulations and guidelinesconcerning maritime safety, the prevention and control of marine pollutionfrom ships and other matters concerning the effect of shipping on themarine environment assigned to the Organization by or under internationalinstruments, or amendments to such regulations and guidelines which havebeen referred to it;

  (k) To take such action as it may deem appropriate to promotetechnical co-operation in accordance with Article 2 (e), taking intoaccount the special needs of developing countries;

  (l) To take decisions in regard to convening any internationalconference or following any other appropriate procedure for the adoptionof international conventions or of amendments to any internationalconventions which have been developed by the Maritime Safety Committee,the Legal Committee, the Marine Environment Protection Committee, theTechnical Co-operation Committee, or other organs of the Organization.

  (m) To refer to the Council for consideration or decision any matterswithin the scope of the Organization, except that the function of makingrecommendations under paragraph (j) of this Article shall not bedelegated.

  PART VI The Council

  Article 16

  The Council shall be composed of thirty-two Members elected by theAssembly.

  Article 17

  In electing the Members of the Council, the Assembly shall observe thefollowing criteria:

  (a) Eight shall be States with the largest interest in providinginternational shipping services;

  (b) Eight shall be other States with the largest interest ininternational seaborne trade;

  (c) Sixteen shall be States not elected under (a) or (b) above whichhave special interests in maritime transport or navigation, and whoseelection to the Council will ensure the representation of all majorgeographic areas of the world.

  Article 18

  Members represented on the Council in accordance with Article 16 shallhold office until the end of the next regular session of the Assembly.Members shall be eligible for re-election.

  Article 19

  (a) The Council shall elect its Chairman and adopt its own Rules ofProcedure except as otherwise provided in the Convention.

  (b) Twenty-one Members of the Council shall constitute a quorum.

  (c) The Council shall meet upon one month's notice as often as may benecessary for the efficient discharge of its duties upon the summons ofits Chairman or upon request by not less than four of its Members. Itshall meet at such places as may be convenient.

  Article 20

  The Council shall invite any Member to participate, without vote, inits deliberations on any matter of particular concern to that Member.

  Article 21

  (a) The Council shall consider the draft work programme and budgetestimates prepared by the Secretary-General in the light of the proposalsof the Maritime Safety Committee, the Legal Committee, the MarineEnvironment Protection Committee, the Technical Co-operation Committee andother organs of the Organization and, taking these into account, shallestablish and submit to the Assembly the work programme and budget of theOrganization, having regard to the general interest and priorities of theOrganization.

  (b) The Council shall receive the reports, proposals andrecommendations of the Maritime Safety Committee, the Legal Committee, theMarine Environment Protection Committee, the Technical Co-operationCommittee and other organs of the Organization and shall transmit them tothe Assembly and, when the Assembly is not in session, to the Members forinformation, together with the comments and recommendations of theCouncil.

  (c) Matters within the scope of Articles 28, 33, 38 and 43 shall beconsidered by the Council only after obtaining the views of the MaritimeSafety Committee, the Legal Committee, the Marine Environment ProtectionCommittee, or the Technical Co-operation Committee, as may beappropriate.

  Article 22

  The Council, with the approval of the Assembly, shall appoint theSecretary-General. The Council shall also make provision for theappointment of such other personnel as may be necessary, and determine theterms and conditions of service of the Secretary-General and otherpersonnel, which terms and conditions shall conform as far as possiblewith those of the United Nations and its specialized agencies.Article 23

  The Council shall make a report to the Assembly at each regularsession on the work performed by the Organization since the previousregular session of the Assembly.

  Article 24

  The Council shall submit to the Assembly financial statements of theOrganization, together with the Council's comments and recommendations.

  Article 25

  (a) The Council may enter into agreements or arrangements covering therelationship of the Organization with other organizations, as provided forin Part XV. Such agreements or arrangements shall be subject to approvalby the Assembly.

  (b) Having regard to the provisions of Part XV and to the relationsmaintained with other bodies by the respective Committees under Articles28, 33, 38 and 43, the Council shall, between sessions of the Assembly, beresponsible for relations with other organizations.

  Article 26

  Between sessions of the Assembly, the Council shall perform all thefunctions of the Organization, except the function of makingrecommendations under Article 15 (j)。 In particular, the Council shallco-ordinate the activities of the organs of the Organization and may makesuch adjustments in the work programme as are strictly necessary to ensurethe efficient functioning of the Organization.

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