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修正1924年统一提单某些法律规定的国际公约的1968年议定书 PROTOCOL OF 1968 TO AMEND THE INTERNATIONAL CONVENTION FOR THEUNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING, 1924

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颁布日期:19680223  实施日期:19780101  颁布单位:布鲁塞尔

  THE CONTRACTING PARTIES,

  CONSIDERING that it is desirable to amend the International Conventionfor the Unification of certain rules of law relating to bills of lading,signed at Brussels on August 25, 1924.

  HAVE AGREED as follows:

  Article 1

  1. In Article 3, paragraph 4 shall be added:

  “However, proof to the contrary shall not be admissible when the Billof Lading has been transferred to a third party acting in good faith”。

  2. In Article 3, paragraph 6, subparagraph 4 shall be replaced by:

  “Subject to paragraph 6 bis the carrier and the ship shall in anyevent be discharged from all liability whatsoever in respect of the goods,unless suit is brought within one year of their delivery or of the datewhen they should have been delivered. This period may, however, beextended if the Parties so agree after the cause of action has arisen”。

  3. In Article 3, after paragraph 6 shall be added the followingparagraph 6 bis:

  “An action for indemnity against a third person may be brought evenafter the expiration of the year provided for in the preceding paragraphif brought within the time allowed by the law of the Court seized of thecase. However, the time allowed shall be not less than three months,commencing from the day when the person bringing such action for indemnityhas settled the claim or has been served with process in the actionagainst himself”。

  Article 2

  Article 4, paragraph 5 shall be deleted and replaced by the following:

  (a) Unless the nature and value of such goods have been declaredby the shipper before shipment and inserted in the Bill of Lading, neitherthe carrier nor the ship shall in any event be or become liable for anyloss or damage to or in connection with the goods in an amount exceedingthe equivalent of Frcs. 10,000 per package or unit or Frcs. 30 per kilo ofgross weight of the goods lost or damaged, whichever is the higher.

  (b) The total amount recoverable shall be calculated by referenceto the value of such goods at the place and time at which the goods aredischarged from the ship in accordance with the contract or should havebeen so discharged.

  The value of the goods shall be fixed according to the commodityexchange price, or, if there be no such price, according to the currentmarket price, or, if there be no commodity exchange price or currentmarket price, by reference to the normal value of goods of the same kindand quality.

  (c) Where a container, pallet or similar article of transport isused to consolidate goods, the number of packages or units enumerated inthe Bill of Lading as packed in such article of transport shall be deemedthe number of packages or units for the purpose of this package or unitsare concerned. Except as aforesaid such article of transport shall beconsidered the package or unit.

  (d) A franc means a unit consisting of 65.5 milligrams of gold ofmillesimal fineness 900. The date of conversion of the sum awarded intonational currencies shall be governed by the law of the Court seized ofthe case.

  (e) Neither the carrier nor the ship shall be entitled to thebenefit of the limitation of liability provided for in this paragraph ifit is proved that the damage resulted from an act or omission of thecarrier done with intent to cause damage, or recklessly and with knowledgethat damage would probably result.

  (f) The declaration mentioned in subparagraph (a) of thisparagraph, if embodied in the Bill of Lading, shall be prima facieevidence, but shall not be binding or conclusive on the carrier.

  (g) By agreement between the carrier, master or agent of thecarrier and the shipper other maximum amounts than those mentioned insubparagraph (a) of this paragraph may be fixed, provided that no maximumamount so fixed shall be less than the appropriate maximum mentioned inthat subparagraph.

  (h) Neither the carrier nor the ship shall be responsible in anyevent for loss or damage to, or in connection with, goods if the nature orvalue thereof has been knowingly mis-stated by the shipper in the bill oflading“。

  Article 3

  Between Articles 4 and 5 of the Convention shall be inserted thefollowing Article 4 bis:

  “1. The defences and limits of liability provided for in thisConvention shall apply in any action against the carrier in respect ofloss or damage to goods covered by a contract of carriage whether theaction be founded in contract or in tort.

  2. If such an action is brought against a servant or agent of thecarrier (such servant or agent not being an independent contractor), suchservant or agent shall be entitled to avail himself of the defences andlimits of liability which the carrier is entitled to invoke under thisConvention.

  3. The aggregate of the amounts recoverable from the carrier, and suchservants and agents, shall in no case exceed the limit provided for inthis Convention.

  4. Nevertheless, a servant or agent of the carrier shall not beentitled to avail himself of the provisions of this Article, if it isproved that the damage resulted from an act or omission of the servant oragent done with intent to cause damage or recklessly and with knowledgethat damage would probably result“。

  Article 4

  Article 9 of the Convention shall be replaced by the following:

  “This Convention shall not affect the provisions of any internationalConvention or national law governing liability for nuclear damage”。

  Article 5

  Article 10 of the Convention shall be replaced by the following:

  “The provisions of the Convention shall apply to every Bill of Ladingrelating to the carriage of goods between ports in two different Statesif:

  (a) the Bill of Lading is issued in a contracting State, or

  (b) the carriage is from a port in a contracting State, or

  (c) the contract contained in or evidenced by the Bill of Ladingprovides that the rules of this Convention or legislation of any Stategiving effect to them are to govern the contract

  whatever may be the nationality of the ship, the carrier, the shipper,the consignee, or any other interested person.

  Each contracting State shall apply the provisions of this Conventionto the Bills of Lading mentioned above.

  This Article shall not prevent a contracting State from applying theRules of this Convention to Bills of Lading not included in the precedingparagraphs“。

  Article 6

  As between the Parties to this Protocol the Convention and theProtocol shall be read and interpreted together as one single instrument.

  A Party to this Protocol shall have no duty to apply the provisions ofthis Protocol to Bills of Lading issued in a State which is a Party to theConvention but which is not a Party to this Protocol.

  Article 7

  As between the Parties to this Protocol, denunciation by any of themof the Convention in accordance with Article 15 thereof, shall not beconstrued in any way as a denunciation of the Convention as amended bythis Protocol.

  Article 8

  Any dispute between two or more contracting Parties concerning theinterpretation or application of the 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 9

  1. Each contracting Party may at the time of signature or ratificationof this Protocol or accession thereto, declare that it does not consideritself bound by Article 8 of this Protocol. The other contracting Partiesshall not be bound by this Article with respect to any contracting Partyhaving 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 10

  This Protocol shall be open for signature by the States which haveratified the Convention or which have adhered thereto before February 23,1968, and by any State represented at the twelfth session (1967-1968) ofthe Diplomatic Conference on Maritime Law.

  Article 11

  1. This Protocol shall be ratified.

  2. Ratification of this Protocol by any State which is not a Party tothe Convention shall have the effect of accession to the Convention.

  3. The instruments of ratification shall be deposited with the BelgianGovernment.

  Article 12

  1. States, Members of the United Nations or Members of the Specializedagencies of the United Nations, not represented at the twelfth session ofthe Diplomatic Conference on Maritime Law, may accede to this Protocol.

  2. Accession to this Protocol shall have the effect of accession tothe Convention.

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

  Article 13

  1. This Protocol shall come into force three months after the date ofthe deposit of ten instruments of ratification or accession, of which atleast five shall have been deposited by States that have each a tonnageequal or superior to one million gross tons of tonnage.

  2. For each State which ratifies this Protocol or accedes theretoafter the date of deposit of the instrument of ratification or accessiondetermining the coming into force such as is stipulated in $ 1 of thisArticle, this Protocol shall come into force three months after thedeposit of its instrument of ratification or accession.

  Article 14

  1. Any contracting State may denounce this Protocol by notification tothe Belgian Government.

  2. This denunciation shall have the effect of denunciation of theConvention.

  3. The denunciation shall take effect one year after the date on whichthe notification has been received by the Belgian Government.

  Article 15

  1. Any contracting State may at the time of signature, ratification oraccession, or at any time thereafter declare by written notification tothe Belgian Government which among the territories under its sovereigntyor for whose international relations it is responsible, are those to whichthe present Protocol applies.

  The Protocol shall three months after the date of the receipt of suchnotification by the Belgian Government extend to the territories namedtherein, but not before the date of the coming into force of the Protocolin respect of such State.

  2. This extension also shall apply to the Convention if the latter isnot yet applicable to those territories.

  3. Any contracting State which has made a declaration under $ 1 ofthis Article may at any time thereafter declare by notification given tothe Belgian Government that the Protocol shall cease to extend to suchterritory. This denunciation shall take effect one year after the date onwhich notification thereof has been received by the Belgian Government; italso shall apply to the Convention.

  Article 16

  The Contracting Parties may give effect to this Protocol either bygiving it the force of law or by including in their national legislationin a form appropriate to that legislation the rules adopted under thisProtocol.

  Article 17

  The Belgian Government shall notify the States represented at thetwelfth session (1967 -1968) of the Diplomatic Conference on Maritime Law,the acceding States to this Protocol, and the States Parties to theConvention, of the following:

  1. The signatures, ratifications and accessions received in accordancewith Articles 10, 11 and 12.

  2. The date on which the present Protocol will come into force inaccordance with Article 13.

  3. The notifications with regard to the territorial application inaccordance with Article 15.

  4. The denunciations received in accordance with Article 14.

  IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly authorized,have signed this Protocol.

  DONE at Brussels, this 23rd day of February 1968, in the French andEnglish languages, both texts being equally authentic, in a single copy,which shall remain deposited in the archives of the Belgian Government,which shall issue certified copies.

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