| □ Convention Relating to Civil Liability in the Field of MaritimeCarriage of Nuelear Material 1971 |
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Convention Relating to Civil Liability in the Field of MaritimeCarriage of Nuelear Material 1971
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| ［ 作者：佚名 来源：来自网络 点击数：36 更新时间：2008-8-27 文章录入：szlaw008 ］ |
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【标 题】 Convention Relating to Civil Liability in the Field of MaritimeCarriage of Nuelear Material 1971
【分 类】 Foreign_Laws
【时 效 性】 有效
【颁布时间】 1971年12月17日
【实施时间】 0000年19月75日
【发布部门】 International Court of Arbitration for Maritime and Inland Navigation
CONVENTION RELATING TO CIVIL LIABILITY IN THE
FIELD OF MARITIME CARRIAGE OF NUCLEAR MATERIAL,
BRUSSELS, DECEMBER 17, 1971
FINAL ACT OF THE INTERNATIONAL LEGAL CONFERENCE
ON MARITIME CARRIAGE OF NUCLEAR SUBSTANCES, 1971
1. On the basis of decisions and co-operative measures taken in the
Inter-Governmental Maritime Consultative Organization, the Interna-
tional Atomic Energy Agency and in the European Nuclear Energy
Agency of the Organization for Economic Co-operation and Development a
Conference on Maritime Carriage of Nuclear Substances was held in the
Palais des Congres, Brussels at the kind invitation of the Government
of Belgium from November 29, to December 2, 1971.
2. The Governments of the following thirty-eight States were
represented by delegations at the Conference:
Argentina Mexico
Australia Monaco
Belgium Netherlands
Brazil Norway
Canada Panama
Costa Rica Portugal
Denmark Romania
Ecuador Senegal
Egypt, Arab Republic of Singapore
Federal Republic of Spain
Germany Syrian Arab Republic
Finland Sweden
France Switzerland
Greece Togo
Iraq United Kingdom of Great
Italy Britain and Northern
Japan Ireland
Korea, Republic of United States of America
Lebanon Yugoslavia
Liberia Zaire, Republic of
Malagasy Republic
3. Observers from the Governments of the following States were also
present at the Conference:
Guatemala Turkey
India Viet-Nam, Republic of
Indonesia
4. The following inter-governmental and non-governmental organiza-
tions were represented at the Conference:
Inter-Governmental Organizations
Council of Europe
Council for Mutual Economic Assistance
European Economic Communities
International Institute for the Unification of Private Law
Non-Governmental Organizations
Baltic and International Maritime Conference
Comite Europeen des Assurances
International Chamber of Commerce
International Chamber of Shipping
5. Mr. Albert Lilar, Head of the Belgian delegation, was elected
President of the Conference.
6. The Conference elected Mr. Z.A.EI Sadr (Arab Republic of Egypt),
Mr.H. Tanikawa (Japan), Mr. G. Escudero (Ecuador) and Mr. R. Economu
(Romania) as Vice-Presidents of the Conference.
7. The Secretary-General of the Conference was Mr. Colin Goad
(Secretary-General of the Inter-Governmental Maritime Consultative
Organization), the Deputy Secretary-General was Mr. S. Sugihara
(Director of the Legal Division of the International Atomic Energy
Agency) and the Executive Secretary was Mr. Pierre Strohl (Head of the
Legal and External Relations Division, European Nuclear Energy
Agency).
8. The Conference established the following Committees:
Committee of the Whole
Chairman: Mr. Maurice Lagorce (France)
Vice-Chairmen: Mr. Seah Hark Loy (Singapore)
Mr. J.C.Langley (Canada)
Credentials Committee
Chairman: Mr. G.E. do Nascimento e Silva
(Brazil)
Drafting Committee
Chairman: Mr. U. Nordenson (Sweden)
9. The Conference based its deliberations on the text of a preamble
and a draft article of a proposed Convention together with
observations and proposals thereon submitted by governments. In
addition the Conference had before it a set of draft final clauses
together with comments and proposals of governments on those
provisions.
10. At the conclusion of the Conference, an expression of sincere
gratitude was addressed by it to the Government and people of Belgium
for their warm hospitality.
11. As a result of its deliberations, contained in the records and
reports of the Committees and the records of the Plenary sessions, the
Conference prepared and opened for signature and accession a
Convention relating to Civil Liability in the Field of Maritime
Carriage of Nuclear Material.
12. The text of this Final Act, being a single original in the
English, French, Russian and Spanish languages, together with the
attached text of the Convention relating to Civil Liability in the
Field of Maritime Carriage of Nuclear Material shall be deposited with
the Secretary-General of the Inter-Governmental Maritime Consultative
Organization. An official translation of the text of the Convention
shall be prepared in the Russian and Spanish languages and shall be
deposited together with this Final Act. The Secretary-General shall
send a certified copy of this Final Act and, when they have been
prepared, a certified copy of each of the official translations of the
Convention to each of the Governments invited to send representatives
to the Conference.
In witness whereof, the Representatives of participating States have
signed this Final Act.
Done at Brussels this seventeenth day of December, 1971.
CONVENTION RELATING TO CIVIL LIABILITY IN THE
FIELD OF MARITIME CARRIAGE OF NUCLEAR MATERIAL
The High Contracting Parties,
Considering that the Paris Convention of July 29, 1960 on Third Party
Liability in the Field of Nuclear Energy and its Additional Protocol
of January 28, 1964 (hereinafter referred to as "the Paris Conven-
tion") and the Vienna Convention of May 21, 1963 on Civil Liability
for Nuclear Damage (hereinafter referred to as "the Vienna Conven-
tion") provide that, in the case of damage caused by a nuclear
incident occurring in the course of maritime carriage of nuclear
material covered by such Conventions, the operator of a nuclear
installation is the person liable for such damage.
Considering that similar provisions exist in the national law in force
in certain States,
Considering that the application of any preceding international
Convention in the field of maritime transport is however maintained,
Desirous of ensuring that the operator of a nuclear installation will
be exclusively liable for damage caused by a nuclear incident occurr-
ing in the course of maritime carriage of nuclear material,
Have agreed as follows:
Article 1. Any person who by virtue of an international
convention or national law applicable in the field of maritime
transport might be held liable for damage caused by a nuclear incident
shall be exonerated from such liability:
(a) if the operator of a nuclear installation is liable for such
damage under either the Paris or the Vienna Convention, or
(b) if the operator of a nuclear installation is liable for such
damage by virtue of a national law governing the liability for such
damage, provided that such law is in all respects as favourable to
persons who may suffer damage as either the Paris or the Vienna
Convention.
Article 2.
1. The exoneration provided for in Article 1 shall also apply in
respect of damage caused by a nuclear incident:
(a) to the nuclear installation itself or to any property on the site
of that installation which is used or to be used in connexion with
that installation, or
(b) to the means of transport upon which the nuclear material
involved was at the time of the nuclear incident,
for which the operator of the nuclear installation is not liable
because his liability for such damage has been excluded pursuant to
the provisions of either the Paris or the Vienna Convention, or, in
casses referred to in Article 1 (b), by equivalent provisions of the
national law referred to therein. &, amp;, nbsp;
2. The provisions of paragraph 1 shall not, however, affect the
liability of any individual who has caused the damage by an act or
omission done with intent to cause damage.
Article 3. No provision of the present Convention shall affect
the liability of the operator of a nuclear ship in respect of damage
caused by a nuclear incident involving the nuclear fuel of or
radioactive products or waste produced in such ship.
Article 4. The present Convention shall supersede any
international Conventions in the field of maritime transport which, at
the date on which the present Convention is opened for signature, are
in force or open for signature, ratification or accession but only to
the extent that such Conventions would be in conflict with it:
however, nothing in this Article shall affect the obligations of the
Contracting Parties to the Present Convention to non-Contracting
States arising under such international Conventions.
Article 5.
1. The present Convention shall be opened for signature in Brussels
and shall remain open for signature in London at the Headquarters of
the Inter-Governmental Maritime Consultative Organization (hereinafter
referred to as "the Organization") until December 31, 1972 and shall
thereafter remain open for accession.
2. States members of the United Nations or any of the Specialized
Agencies or of the International Atomic Energy Agency or Parties to
the Statute of the International Court of Justice may become Parties
to the present Convention by:
(a) signature without reservation as to ratification, acceptance or
approval;
(b) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(c) accession.
3. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization.
Article 6.
1. The present Convention shall enter into force on the ninetieth day
following the date on which five States have either signed it without
reservation as to ratification, acceptance or approval or have
deposited instruments of ratification, acceptance, approval or
accession with the Secretary-General of the Organization.
2. For any State which subsequently signs the present Convention
without reservation as to ratification, acceptance or approval, or
deposits its instrument of ratification, acceptance, approval or
accession, the Convention shall come into force on the ninetieth day
after the date of such signature or deposit.
Article 7.
1. The present Convention may be denounced by any Contracting Party
to it at any time after the date on which the Convention comes into
force for that State.
2. Denunciation shall be effected by a notification in writing
delivered to the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer period
as may be specified in the notification, after its receipt by the
Secretary-General of the Organization.
4. Notwithstanding a denunciation by a Contracting Party pursuant to
this Article the provisions of the present Convention shall continue
to apply to any damage caused by a nuclear incident occurring before
the denunciation takes effect.
Article 8.
1. The United Nations where it is the administering authority for a
territory, or any Contracting Party to the present Convention
responsible for the international relations of a territory, may at any
time by notification in writhing to the Secretary-General of the
Organization declare that the present Convention shall extend to such
territory.
2. The present Convention shall, from the date of receipt of the
notification or from such other date as may be specified in the
notification, extend to the territory named therein.
3. The United Nations, or any Contracting Party which had made a
declaration under paragraph 1 of this Article may at any time after
the date on which the Convention has been so extended to any territory
declare by notification in writing to the Secretary-General of the
Organization that the present Convention shall cease to extend to any
such territory named in the notification.
4. The present Convention shall cease to extend to any territory
mentioned in such notification one year, or such longer period as may
be specified therein, after the date of receipt of the notification by
the Secretary-General of the Organization.
Article 9.
1. A Conference for the purpose of revising or amending the present
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the Contracting
Parties to the present Convention for revising or amending it at the
request of not less than one-third of the Contracting Parties.
Article 10. A Contracting Party may make reservations correspond-
ing to those which it has validly made to the Paris or Vienna Conven-
tion. A reservation may be made at the time of signature, ratifica-
tion, acceptance, approval or accession.
Article 11.
1. The present Convention shall be deposited with the Secretary-
General of the Organization.
2. The Secretary-General of the Organization shall:
(a) inform all States which have signed or acceded to the present
Convention of:
(i) each new signature and each deposit of an instrument together
with the date thereof;
(ii) any reservation made in conformity with the present Convention;
(iii) the date of entry into force of the present Convention;
(vi) any denunciation of the present Convention and the date on
which it takes effect;
(v) the extension of the present Convention to any territory under
paragraph 1 of Article 8 and of the termination of any such extension
under the provisions of paragraph 4 of that Article stating in each
case the date on which the present Convention has been or will cease
to be so extended;
(b) transmit certified true copies of the present Convention to all
Signatory States and to all States which have acceded to the present
Convention.
3. As soon as the present Convention comes into force, a certified
true copy thereof shall be transmitted by the Secretary-General of the
Organization to the Secretariat of the United Nations for registration
and publication in accordance with Article 102 of the Charter of the
United Nations.
Article 12.Article 12. The present Convention is established in
original in the English and French languages, both texts being equally
authentic. Official translations in the Russian and Spanish languages
shall be prepared by the Secretariat of the Organization and deposited
with the signed original.
In witness whereof the undersigned being duly authorized by their
respective Governments for that purpose have signed the present
Convention.
Done at Brussels this seventeenth day of December 1971.
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