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1948年国际海事组织公约(三)

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  PART XIV Headquarters of the Organization

  Article 58

  (a) The headquarters of the Organization shall be established inLondon.

  (b) The Assembly may by a two-thirds majority vote change the site ofthe headquarters if necessary.

  (c) The Assembly may hold sessions in any place other than theheadquarters if the Council deems it necessary.

  PART XV Relationship with the United Nations and other Organiza-tions

  Article 59

  The Organization shall be brought into relationship with the UnitedNations in accordance with Article 57 of the Charter of the UnitedNations as the specialized agency in the field of shipping and the effectof shipping on the marine environment. This relationship shall be effectedthrough an agreement with the United Nations under Article 63 of theCharter of the United Nations, which agreement shall be concluded asprovided in Article 25.

  [ Article 57 of the Charter of the United Nations reads as follows:Article 57

  1. The various specialized agencies, established by intergovernmentalagreement and having wide international responsibilities, as defined intheir basic instruments, in economic, social, cultural, educational,health, and related fields, shall be brought into relationship with theUnited Nations in accordance with the provisions of Article 63.

  2. Such agencies thus brought into relationship with the UnitedNations are hereinafter referred to as specialized agencies.]

  [ Article 63 of the Charter of the United Nations reads as follows:Article 63

  1. The Economic and Social Council may enter into agreements with anyof the agencies referred to in Article 57, defining the terms on which theagency concerned shall be brought into relationship with the UnitedNations. Such agreements shall be subject to approval by the GeneralAssembly.

  2. It may co-ordinate the activities of the specialized agenciesthrough consultation with and recommendations to such agencies and throughrecommendations to the General Assembly and to the Members of the UnitedNations.]

  Article 60

  The Organization shall co-operate with any specialized agency of theUnited Nations in matters which may be the common concern of theOrganization and of such specialized agency, and shall consider suchmatters and act with respect to them in accord with such specializedagency.

  Article 61

  The Organization may, on matters within its scope, co-operate withother intergovernmental organizations which are not specialized agenciesof the United Nations, but whose interests and activities are related tothe purposes of the Organization.

  Article 62

  The Organization may, on matters within its scope, make suitablearrangements for consultation and co-operation with non-governmentalinternational organizations.

  Article 63

  Subject to approval by a two-thirds majority vote of the Assembly, theOrganization may take over from any other international organizations,governmental or non-governmental, such functions, resources andobligations within the scope of the Organization as may be transferred tothe Organization by international agreements or by mutually acceptablearrangements entered into between competent authorities of the respectiveorganizations. Similarly, the Organization may take over anyadministrative functions which are within its scope and which have beenentrusted to a Government under the terms of any international instrument.

  PART XVI Legal Capacity, Privileges and Immunities

  Article 64

  The legal capacity, privileges and immunities to be accorded to, or inconnexion with, the Organization, shall be derived from and governed bythe General Convention on the Privileges and Immunities of the SpecializedAgencies approved by the General Assembly of the United Nations on 21November 1947, subject to such modifications as may be set forth in thefinal (or revised) text of the Annex approved by the Organization inaccordance with Sections 36 and 38 of the said General Convention.

  Article 65

  Pending its accession to the said General Convention in respect of theOrganization, each Member undertakes to apply the provisions of AppendixII to the present Convention.

  PART XVII Amendments

  Article 66

  Texts of proposed amendments to the Convention shall be communicatedby the Secretary-General to Members at least six months in advance oftheir consideration by the Assembly. Amendments shall be adopted by atwo-thirds majority vote of the Assembly. Twelve months after itsacceptance by two thirds of the Members of the Organization, other thanAssociate Members, each amendment shall come into force for all Members.If within the first 60 days of this period of twelve months a Member givesnotification of withdrawal from the Organization on account of anamendment the withdrawal shall, notwithstanding the provisions of Article73 of the Convention, take effect on the date on which such amendmentcomes into force.

  Article 67

  Any amendment adopted under Article 66 shall be deposited with theSecretary-General of the United Nations, who will immediately forward acopy of the amendment to all Members.

  Article 68

  A declaration or acceptance under Article 66 shall be made by thecommunication of an instrument to the Secretary-General for deposit withthe Secretary-General of the United Nations. The Secretary-General willnotify Members of the receipt of any such instrument and of the date whenthe amendment enters into force.

  PART XVIII Interpretation

  Article 69

  Any question or dispute concerning the interpretation or applicationof the Convention shall be referred to the Assembly for settlement, orshall be settled in such other manner as the parties to the dispute mayagree. Nothing in this Article shall preclude any organ of theOrganization from settling any such question or dispute that may ariseduring the exercise of its functions.

  Article 70

  Any legal question which cannot be settled as provided in Article 69shall be referred by the Organization to the International Court ofJustice for an advisory opinion in accordance with Article 96 of theCharter of the United Nations.

  [ Article 96 of the Charter of the United Nations reads as follows:Article 96

  1. The General Assembly or the Security Council may request theInternational Court of Justice to give an advisory opinion on any legalquestion.

  2. Other organs of the United Nations and specialized agencies, whichmay at any time be so authorized by the General Assembly, may also requestadvisory opinions of the Court on legal questions arising within the scopeof their activities.]

  PART XIX Miscellaneous Provisions

  Article 71 Signature and Acceptance

  Subject to the provisions of Part III the present Convention shallremain open for signature or acceptance and States may become parties tothe Convention by:

  (a) Signature without reservation as to acceptance;

  (b) Signature subject to acceptance followed by acceptance; or

  (c) Acceptance.

  Acceptance shall be effected by the deposit of an instrument with theSecretary-General of the United Nations.

  Article 72 Territories

  (a) Members may make a declaration at any time that theirparticipation in the Convention includes all or a group or a single one ofthe Territories for whose international relations they are responsible.

  (b) The Convention does not apply to Territories for whoseinternational relations Members are responsible unless a declaration tothat effect has been made on their behalf under the provisions ofparagraph (a) of this Article.

  (c) A declaration made under paragraph (a) of this Article shall becommunicated to the Secretary-General of the United Nations and a copy ofit will be forwarded by him to all States invited to the United NationsMaritime Conference and to such other States as may have become Members.

  (d) In cases where under a Trusteeship Agreement the United Nations isthe administering authority, the United Nations may accept the Conventionon behalf of one, several, or all of the Trust Territories in accordancewith the procedure set forth in Article 71.Article 73 Withdrawal

  (a) Any Member may withdraw from the Organization by writtennotification given to the Secretary-General of the United Nations, whowill immediately inform the other Members and the Secretary-General of theOrganization of such notification. Notification of withdrawal may be givenat any time after the expiration of twelve months from the date on whichthe Convention has come into force. The withdrawal shall take effect uponthe expiration of twelve months from the date on which such writtennotification is received by the Secretary-General of the United Nations.

  (b) The application of the Convention to a Territory or group ofTerritories under Article 72 may at any time be terminated by writtennotification given to the Secretary-General of the United Nations by theMember responsible for its international relations or, in the case of aTrust Territory of which the United Nations is the administeringauthority, by the United Nations. The Secretary-General of the UnitedNations will immediately inform all Members and the Secretary-General ofthe Organization of such notification. The notification shall take effectupon the expiration of twelve months from the date on which it is receivedby the Secretary-General of the United Nations.

  PART XX Entry into Force

  Article 74

  The present Convention shall enter into force on the date when 21States, of which seven shall each have a total tonnage of not less than1,000,000 gross tons of shipping, have become parties to the Convention inaccordance with Article 71.

  Article 75

  The Secretary-General of the United Nations will inform all Statesinvited to the United Nations Maritime Conference and such other States asmay have become Members, of the date when each State becomes party to theConvention, and also of the date on which the Convention enters intoforce.

  Article 76

  The present Convention, of which the English, French and Spanish textsare equally authentic, shall be deposited with the Secretary-General ofthe United Nations, who will transmit certified copies thereof to each ofthe States invited to the United Nations Maritime Conference and to suchother States as may have become Members.

  Article 77

  The United Nations is authorized to effect registration of theConvention as soon as it comes into force.

  IN WITNESS WHEREOF the undersigned being duly authorized by theirrespective Governments for that purpose have signed the presentConvention.

  DONE in Geneva on 6 March 1948.

  APPENDIX I

  [ This Appendix became inapplicable with the amendment of Article 17by Assembly resolution A. 69 (ES. II) of 15 September 1964, effective 6October 1967.]

  APPENDIX II (Referred to in Article 65) Legal Capacity, Privilegesand Immunities

  The following provisions on legal capacity, privileges and immunitiesshall be applied by Members to, or in connexion with, the Organizationpending their accession to the General Convention on Privileges andImmunities of Specialized Agencies in respect of the Organization.

  Section 1. The Organization shall enjoy in the territory of each ofits Members such legal capacity as is necessary for the fulfilment of itspurposes and the exercise of its functions.

  Section 2. (a) The Organization shall enjoy in the territory of eachof its Members such privileges and immunities as are necessary for thefulfilment of its purposes and the exercise of its functions.

  (b) Representatives of Members including alternates and advisers,and officials and employees of the Organization shall similarly enjoy suchprivileges and immunities as are necessary for the independent exercise oftheir functions in connexion with the Organization.

  Section 3. In applying the provisions of Sections 1 and 2 of thisAppendix, the Members shall take into account as far as possible thestandard clauses of the General Convention on the Privileges andImmunities of the Specialized Agencies.

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