"МЕЖДУНАРОДНАЯ КОНВЕНЦИЯ ОБ УНИФИКАЦИИ НЕКОТОРЫХ ПРАВИЛ, КАСАЮЩИХСЯ ИММУНИТЕТА ГОСУДАРСТВЕННЫХ СУДОВ" [англ.](Вместе с <ДОПОЛНИТЕЛЬНЫМ ПРОТОКОЛОМ К КОНВЕНЦИИ>)(Конвенция заключена в г. Брюсселе 10.04.1926)(Протокол подписан в г. Брюсселе 24.05.1934)
FOR THE UNIFICATION OF
CERTAIN RULES CONCERNING
THE IMMUNITY OF STATE-OWNED SHIPS
The President of the German Reich, His Majesty the
King of the Belgians, ... etc.
Recognizing the desirability of
determining by common agreement certain uniform rules concerning the immunity of
State-owned ships, have decided to conclude a convention to this effect, and
have appointed as their Plenipotentiaries, namely:
(Follows the list of
Who, having been duly authorized for this purpose
have agreed as follows:
Sea-going ships owned or operated by
States, cargoes owned by them and cargoes and passengers carried on State-owned
ships, as well as the States which own or operate such ships and own such
cargoes shall be subject, as regards claims in respect of the operation of such
ships or in respect of the carriage of such cargoes, to the same rules of
liability and the same obligations as those applicable in the case of
privately-owned ships, cargoes and equipment.
such liabilities and obligations, the rules relating to the jurisdiction of the
Courts, rights or actions and procedure shall be the same as for merchant ships
belonging to private owners and for private cargoes and their owners.
Paragraph 1. The provisions of the two preceding Articles shall
not apply to ships of war, State-owned yachts, patrol vessels, hospital ships,
fleet auxiliaries, supply ships and other vessels owned or operated by a State
and employed exclusively at the time when the cause of action arises on
Government and non-commercial service, and such ships shall not be subject to
seizure, arrest or detention by any legal process, nor to any proceedings in
Nevertheless, claimants shall have the right to proceed before the
appropriate Courts of the State which owns or operates the ship in the following
1) Claims in respect of collision or other accidents of
2) Claims in respect of salvage or in the nature of salvage
and in respect of general average;
3) Claims in respect of repairs,
supplies or other contracts relating to the ship:
and the State shall
not be entitled to rely upon any immunity as a defence.
Paragraph 2. The
same rules shall apply to State-owned cargoes carried on board any of the
Paragraph 3. State-owned cargoes carried on board
merchant ships for Government and non-commercial purposes shall not be subject
to seizure, arrest or detention by any legal process nor any proceedings in
Nevertheless, claims in respect of collisions and nautical
accidents, claims in respect of salvage or in the nature of salvage and in
respect of general average, as well as claims in respect of contracts relating
to such cargoes, may be brought before the Court which has jurisdiction in
virtue of Article 2.
States shall be entitled to rely on all
defences, prescriptions and limitations of liability available to
privately-owned ships and their owners.
Any necessary adaptation or
modification of provisions relating to such defences, prescriptions and
limitations of liability for the purpose or making them applicable to ships of
war or to the State-owned ships specified in Article 3 shall form the subject of
a special Convention to be concluded hereafter. In the meantime the measures
necessary for this purpose may be effected by national legislation in conformity
with the spirit and principles of this Convention.
If in any
proceedings to which Article 3 applies there is, in the opinion of the Court, a
doubt on the question of the Government and non-commercial character of the ship
or the cargo, a certificate signed by the diplomatic representative of the
Contracting State to which the ship or the cargo belongs, communicated to the
Court through the Government of this State before whose Courts and Tribunals the
case is pending, shall be conclusive evidence that the ship or the cargo falls
within the terms of Article 3, but only for the purpose of obtaining the
discharge of any seizure, arrest or detention effected by judicial process.
The provisions of the present Convention shall be applied in
each Contracting State, but without any obligation to extend the benefit thereof
to non-contracting States and their nationals, and with the right in making any
such extension to impose a condition of reciprocity.
Nothing in the
present Convention shall be held to prevent a Contracting State from prescribing
by its own laws the rights of its national before its own Courts.
In time of war each Contracting State reserves to itself the right of
suspending the application of the present Convention by a declaration notified
to the other Contracting States, to the effect that neither ships owned or
operated by that State, nor cargoes owned by it shall be subject to any arrest,
seizure or detention by a foreign Court of Law. But the claimant shall have the
right to take proceeding before the appropriate Court in accordance with
Articles 2 and 3.
Nothing in the present Convention shall
prejudice the right of the Contracting States to take any measures necessitated
by the rights and duties of neutrality.
After the expiration
of a period of not more than two years from the date on which the Convention is
signed, the Belgian Government shall communicate with the Governments of the
High Contracting Parties which have declared themselves ready to ratify it with
a view to deciding whether it shall be put into force. Ratifications shall be
deposited at Brussels at a date which shall be fixed by agreement between the
said Governments. The first deposit of ratifications shall be recorded in a
proces-verbal signed by the representatives of the States which are parties to
it and by the Belgian Minister for Foreign Affairs.
deposit of ratifications shall be made by means of a written notification
addressed to the Belgian Government and accompanied by the instrument of
A duty certified copy of the proces-verbal relating to the
first deposit of ratifications and the notifications mentioned in the preceding
paragraph, as well as the instruments of ratification which accompanied them,
shall be sent forthwith by the Belgian Government through the diplomatic channel
to the States which have accepted to it. In the cases contemplated in the
preceding paragraph the Belgian Government shall state at the same time the date
on which it received the notification.
may accede to the present Convention whether or not they were represented at the
International Conference at Brussels.
A State which desires to accede
shall notify its intention in writing to the Belgian Government, and shall at
the same time transmit to that Government the document of accession which shall
be deposited in the archives of the Belgian Government.
Government shall transmit immediately to all the States which have signed or
acceded to the Convention a duly certified copy of the notification and of the
instrument of accession, stating the date on which it received the
The High Contracting Parties may at the time
of signature, deposit of ratification or accession, declare that their
acceptance of the present Convention does not apply to any one or more of the
self-governing Dominions, colonies, possessions, protectorates or overseas
territories under their sovereignty or authority. They may subsequently accede
separately in the name of any of such self-governing Dominions, colonies,
possessions, protectorates or overseas territories excluded in their original
declaration. They may also in accordance with its provisions denounce the
present Convention separately in respect of each or any of such self-coverning
Dominions, colonies, possessions, protectorates or overseas territories under
their sovereignty or authority.
In the case of States which
have taken part in the first deposit of ratifications, the present Convention
shall take effect one year after the date of the proces-verbal of that deposit.
As regards the States which ratify the Convention subsequently, or which accede
to it, as also in cases in which the Convention is subsequently put into force
in accordance with Article 11, it shall take effect six months after the
notifications mentioned in Article 9, paragraph 2 and in Article 10, paragraph
2, have been received by the Belgian Government.
event of one of the Contracting States wishing to denounce the present
Convention, the denunciation shall be notified in writing to the Belgian
Government, which shall immediately communicate a duly certified copy thereof to
all the other States, at the same time informing them of the date on which it
The denunciation shall operate only in respect of the
State which has made the notification and be effective one year after the
notification has reached the Belgian Government.
Contracting State shall have the right to call for a new Conference for the
purpose of considering possible amendments to the present Convention.
Any State which proposes to exercise this right shall notify its intention one
year in advance to the other States through the Belgian Government which will
assume the duty of convening the Conference.
Done at Brussels, in a single
copy, April 10th, 1926.
(Follow the signatures)
signatory to the International Convention for the unification of certain rules
concerning the immunity of State-owned ships, recognizing the necessity of
making clearer certain provisions of the Convention, have appointed the
undersigned Plenipotentiaries, who, having communicated their respective full
powers found in good and due form, have agreed as follows:
it has been doubted whether, and to what extent, the expression "Exploites par
lui" in Article 3 of the Convention extends or could be construed as extending
to ships chartered by a State, whether for time or voyage, it is hereby declared
for the purpose of removing such doubts, as follows:
"Ships on charter
to a State, whether for time or voyage, while exclusively engaged on
governmental and non-commercial service, and cargoes carried therein, shall not
be subject to any arrest, seizure or detention whatsoever, but this immunity
shall not prejudice in any other respect any rights or remedies accruing to the
parties concerned. A certificate given by a diplomatic representative of the
State concerned in mariner provided by Article 5 of the Convention shall be
conclusive evidence of the nature of the service on which the ship is
For the purpose of the exception provided by Article 3,
paragraph 1, it is understood that the ownership or operation of a ship acquired
or operated by a State at the time when steps by way of seizure, arrest or
detention are taken has the same legal consequences as ownership or operation at
the time when the cause of action arises.
That Article may accordingly
be invoked by States in favour of ships belonging to or operated by them at the
time when steps are taken by way of seizure, arrest or detention, if the ships
are engaged exclusively in Government and non-commercial service.
It is understood that nothing in the provisions of Article 5 of the Convention
prevents Government interested from themselves appearing before the Court in
which the legal proceedings are pending in accordance with the procedure
prescribed by the national law, and producing to it the certificate provided for
in the said Article.
As the Convention in no respect affects the
rights and obligations of belligerents and neutrals, Article 7 does not in any
way prejudice the jurisdiction of duly constituted Prize Courts.
is agreed that nothing contained in the provisions of Article 2 of the
Convention shall limit or affect in any way the application of rules of
procedure prescribed by national law with regard to proceedings to which the
State is a Party.
Where any question of the furnishing of evidence
or production of documents arises and the Government concerned is of opinion
that the furnishing of such evidence or the production of such documents would
be detrimental to its national interests, the said Government may decline to
furnish such evidence or to produce such documents by pleading the necessity of
safeguarding national interests.
In witness whereof the undersigned duly
authorized by their Governments have signed the present additional Protocol
which shall be considered as forming an integral part of the Convention of the
10th April 1926, to which it relates.
Done at Brussels, May 24th, 1934, in
a single copy, which shall remain in the archives of the Belgian Government.
(Follow the signatures)