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统一提单的若干法律规则的国际公约（1924年8月22日订于布鲁塞尔，1924年8月25日颁布，1942年8月25日实施）INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW RELATING TO BILLS OF LADING(“HAGUE RULES”), AND PROTOCOL OF SIGNATURE(Brussels, 25 August 1924)The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King ofRomania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay,HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading,HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries:WHO, duly authorized thereto, have agreed as follows:第一条Article 1本公约所用下列各词，涵义如下：In this Convention the following words are employed with the meanings set out below:(a) “承运人”包括与托运人订有运输合同的船舶所有人或租船人。
Convention for the Unification of CertainRules for International Carriage by AirMontreal, 28 May 1999 Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)Chapter 1 - General ProvisionsChapter II - Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and CargoChapter III - Liability of the Carrier and Extent of Compensation for DamageArticle 20 - Exoneration 0If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1 of Article 21.thereafter, declare that the limit of liability of thecarrier prescribed in Article 21 is fixed at a sum of1,500,000 monetary units per passenger in judicial proceedings in their territories; 62,500 monetaryunits per passenger with respect to paragraph 1 ofArticle 22; 15,000 monetary units per passenger with respect to paragraph 2 of Article 22; and 250 monetary units per kilogram with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrams of goldof millesimal fineness nine hundred. These sums maybe converted into the national currency concerned inround figures. The conversion of these sums into national currency shall be made according to the lawof the State concerned.3.The calculation mentioned in the last sentence of paragraph I of this Article and the conversion method mentioned in paragraph 2 of this Article shall be made in such manner as to express in the national currency of the State Party as far as possible the same real value for the amounts in Articles 21 and 22 as would result from the application of the first three sentences of paragraph 1 of this Article. States Parties shall communicate to the depositary the manner of calculation pursuant to paragraph 1 of this Article, or the result of the conversion in paragraph 2 of this Article as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.majority of the States Parties register their disapproval, the revision shall not become effectiveand the Depositary shall refer the matter to a meetingof the States Parties. The Depositary shall immediately notify all States Parties of the coming intoforce of any revision.3.Notwithstanding paragraph 1 of this Article, the procedure referred to in paragraph 2 of this Article shall be applied at any time provided that one-third of the States Parties express a desire to that effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 percent since the previous revision or since the date of entry into force of this Convention if there has been no previous revision. Subsequent reviews using the procedure described in paragraph 1 of this Article will take place at five-year intervals starting at the end of the fifth year following the date of the reviews under the present paragraph.provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.Chapter IV - Combined CarriageChapter V - Carriage by Air Performed by a Person other than the Contracting CarrierConvention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as "the actual carrier") performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention. Such authority shall be presumed in the absence of proof to the contrary.contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.Chapter VI - Other ProvisionsChapter VII - Final Clauses。
三个关于提单的国际公约由于提单的利害关系人常分属于不同国籍，提单的签发地或起运港和目的港又分处于不同的国家，而提单又是由各船公司根据本国有关法规定自行制定的，其格式、内容和词句并不完全相同，一旦发生争议或涉及诉讼，就会产生提单的法律效力和适用法规的问题，因此，统一各国有关提单的法规，一直是各国追求的目标。
当前已经生效，在统一各国有关提单的法规方面起着重要作用或有关国际货物运输的国际公约有三个：(1) 海牙规则(Hague Rules)海牙规则的全称是《统一提单若干法律规定的国际公约》(International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading)，1924年8月25日由26个国家在布鲁塞尔签订，1931年6月2日生效。
公约草案是1921年在海牙通过，因此定名为海牙规则。
包括欧美许多国家在内的50多个国家都先后加入了这个公约。
1936年，美国政府以这一公约作为国内立法的基础制定了1936年美国海上货物运输法。
海牙规则使得海上货物运输中有关提单的法律得以统一，在促进海运事业发展，推动国际贸易发展方面发挥了积极作用，是最重要的和目前仍被普遍使用的国际公约，我国于1981年承认该公约。
海牙规则的特点是较多的维护了承运人的利益，在风险分担上很不均衡，因而引起了作为主要货主国的第三世界国家的不满，纷纷要求修改海牙规则，建立航运新秩序。
(2) 维斯比规则(Visby Rules)在第三世界国家的强烈要求下，修改海牙规则的意见已为北欧国家和英国等航运发达国家所接受，但他们认为不能急于求成，以免引起混乱，主张折衷各方意见，只对海牙规则中明显不合理或不明确的条款作局部的修订和补充，维斯比规则就是在此基础上产生的。
所以维斯比规则也称为海牙---维斯比规则(Hague-Visby Rules)，它的全称是《关于修订统一提单若干法律规定的国际公约的议订书》(Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading)，或简称为“1968年布鲁塞尔议订书”(The 1968 Brussels Protocol)，1968年2月23日在布鲁塞尔通过，于1977年6月生效。
International Convention for the Unification of Certain Rules of Law relating to Bills of Lading ("Hague Rules"), and Protocol of Signature(Brussels, 25 August 1924)统一提单的若干法律规则的国际公约——海牙规则Article 1In this Convention the following words are employed with the meanings set out below:(a) "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.(b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.(c) "Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried.(d) "Ship" means any vessel used for the carriage of goods by sea.(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.第一条本公约所用下列各词，涵义如下：(a) “承运人”包括与托运人订有运输合同的船舶所有人或租船人。
海牙规则是《统一提单若干法律规定的国际公约》（International Convention for the Unification 海牙规则是《统一提单若干法律规定的国际公约》（International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading，简称《海牙规则》）的规定之一。
该规则规定了承运人最低限度义务、免责事项、索赔和诉讼、责任限制和适用范围以及程序性等几个方面。
根据《海牙规则》第五条第二款规定：“本公约的规定，不适用于租船合同，但如果提单是根据租船合同签发的，则它们应符合公约的规定。
”同时该规则第十条规定：“本公约的各项规定，应适用于在任何缔约国内所签发的一切提单。
”。
CONVENTION FOR THE UNIFICATION OF CERTAIN RULESFOR INTERNATIONAL CARRIAGE BY AIRDONE AT MONTREAL ON 28 MAY 1999Entry into force: The Convention entered into force on 4 November 2003*. Status: 101 parties.StateDate ofsignatureDate of deposit ofinstrument ofratification,acceptance (A),approval (AA) oraccession (a)Date of entryinto forceAlbania20/10/04(a)19/12/04 Argentina (22) 16/12/09 (a) 14/02/10Armenia16/04/10(a)15/06/10 Australia25/11/08(a)24/01/09 Austria (10) 29/04/04 (a) 28/06/04Bahamas 28/05/99Bahrain02/02/01(a)04/11/03 Bangladesh 28/05/99Barbados02/01/02(a)04/11/03 Belgium (1)(15) 28/05/99 29/04/04 28/06/04Belize 28/05/9924/08/9904/11/03 Benin 28/05/9930/03/0429/05/04 Bolivia 28/05/99Bosnia and Herzegovina 09/03/07 (a) 08/05/07Botswana28/03/01(a)04/11/03 Brazil 03/08/9919/05/0618/07/06 Bulgaria10/11/03(a)09/01/04 Burkina Faso 28/05/99Cambodia 28/05/99Cameroon 27/09/0105/09/0304/11/03 Canada (6) 01/10/01 19/11/02 04/11/03Cape Verde 23/08/04 (a) 22/10/04Central African Republic 25/09/01Chile (21) 28/05/99 19/03/09 18/05/09China (18) 28/05/99 01/06/05 31/07/05Colombia 15/12/9928/03/0304/11/03Cook Islands 22/05/07 (a) 21/07/07Costa Rica 20/12/99Côte d’Ivoire 28/05/99Croatia23/01/08(a)23/03/08 Cuba 28/05/9914/10/0513/12/05 Cyprus20/11/02(a)04/11/03 Czech Republic (3) 28/05/99 16/11/00 04/11/03Denmark (1)(11) 28/05/99 29/04/04 28/06/04Dominican Republic 28/05/99 21/09/07 20/11/07Ecuador27/06/06(a)26/08/06 Egypt24/02/05(A)25/04/05 El Salvador 07/11/07 (a) 06/01/08Estonia 04/02/0210/04/0304/11/03 Finland (4) 09/12/99 29/04/04 28/06/04France (1) 28/05/99 29/04/04 28/06/04Gabon 28/05/99Gambia10/03/0409/05/04 Georgia20/12/10(a)18/02/11 Germany (1)(12) 28/05/99 29/04/04 28/06/04Ghana 28/05/99Greece (1) 28/05/99 22/07/02 04/11/03Hungary08/11/04(a)07/01/05Convention for the Unification of - 2 - Certain Rules for International Carriage by AirMontreal, 28 May 1999StateDate ofsignatureDate of deposit ofinstrument ofratification,acceptance (A),approval (AA) oraccession (a)Date of entryinto forceIceland 28/05/9917/06/0416/08/04India01/05/09(a)30/06/09 Ireland (1) 16/08/00 29/04/04 28/06/04Israel (24) 19/01/11 (a) 20/03/11Italy (1) 28/05/99 29/04/04 28/06/04Jamaica 28/05/9907/07/0905/09/09 Japan (8) 20/06/00 (A) 04/11/03Jordan 05/10/0012/04/0204/11/03 Kenya 28/05/9907/01/0204/11/03 Kuwait 28/05/9911/06/0204/11/03 Latvia17/12/04(A)15/02/05 Lebanon15/03/05(a)14/05/05 Lithuania (17) 28/05/99 30/11/04 29/01/05Luxembourg (2) 29/02/00 29/04/04 28/06/04Madagascar 28/05/9928/12/0626/02/07 Malaysia (20) 31/12/07 (a) 29/02/08Maldives31/10/05(a)30/12/05 Mali16/01/08(a)16/03/08 Malta 28/05/9905/05/0404/07/04 Mauritius 28/05/99Mexico 28/05/9920/11/0004/11/03 Monaco 28/05/9918/08/0417/10/04 Mongolia05/10/04(a)04/12/04 Montenegro (23) 15/01/10 (a) 16/03/10Morocco15/04/10(a)14/06/10 Mozambique 28/05/99Namibia 28/05/9927/09/0104/11/03 Netherlands (14) 30/12/99 29/04/04 28/06/04New Zealand (5) 13/07/01 18/11/02 04/11/03Niger 28/05/99Nigeria 28/05/9910/05/0204/11/03 Norway29/04/04(a)28/06/04 Oman28/05/07(a)27/07/07 Pakistan 28/05/9919/12/0617/02/07 Panama 28/05/9913/09/0204/11/03 Paraguay 17/03/0029/03/0104/11/03Peru 07/09/9911/04/0204/11/03 Poland 28/05/9917/01/0618/03/06 Portugal (1) 28/05/99 28/02/03 04/11/03Qatar (16) 15/11/04 (a) 14/01/05Republic of Korea 30/10/07 (a) 29/12/07Republic of Moldova 17/03/09 (a) 16/05/09Romania 18/11/9920/03/0104/11/03Saint Vincent and the Grenadines 29/03/04 (a) 28/05/04Saudi Arabia 28/05/99 15/10/03 14/12/03Senegal 28/05/99Serbia03/02/10(a)04/04/10 Seychelles13/09/10(a)12/11/10 Singapore (19) 17/09/07 (a) 16/11/07Slovakia 28/05/9911/10/0004/11/03 Slovenia 28/05/9927/03/0204/11/03South Africa 28/05/99 22/11/06 21/01/07- 3 - Convention for the Unificationof Certain Rules for International Carriage by AirMontreal, 28 May 1999StateDate ofsignatureDate of deposit ofinstrument ofratification,acceptance (A),approval (AA) oraccession (a)Date of entryinto forceSpain (13) 14/01/00 29/04/04 28/06/04Sudan 28/05/99Swaziland 28/05/99Sweden (1) 27/08/99 29/04/04 28/06/04Switzerland 28/05/9907/07/0505/09/05Syrian Arab Republic 18/07/02 (a) 04/11/03The former Yugoslav Republic of Macedonia 15/05/00 (a) 04/11/03Togo 28/05/99Tonga20/11/03(a)19/01/04 Turkey (25) 28/05/99 25/01/11 26/03/11Ukraine06/03/09(a)05/05/09 United Arab Emirates 07/07/00 (a) 04/11/03United Kingdom (1) 28/05/99 29/04/04 28/06/04United Republic of Tanzania 11/02/03 (a) 04/11/03United States (7) 28/05/99 05/09/03 04/11/03Uruguay 09/06/9904/02/0804/04/08 Vanuatu09/11/05(a)08/01/06 Zambia 28/05/99Regional Economic Integration OrganisationsEuropean Union (9) 09/12/99 29/04/04 (AA) 28/06/04* As a result of the first review of limits of liability conducted by ICAO in accordance with Article 24, therounded revised limits, effective as of 30 December 2009, in Special Drawing Rights (SDRs), are:— 19 SDRs per kilogramme in the case of destruction, loss, damage or delay in relation to the carriageof cargo (Article 22, paragraph 3)— 1 131 SDRs for each passenger in case of destruction, loss, damage or delay with respect to baggage(Article 22, paragraph 2)— 4 694 SDRs for each passenger in relation to damage caused by delay in the carriage of persons(Article 22, paragraph 1)— 113 100 SDRs for each passenger for damage sustained in case of death or bodily injury of a passenger(for the first tier) (Article 21, paragraph 1)(1) Upon signature of the Convention, this State, Member State of the European Community, declared that,“in accordance with the Treaty establishing the European Community, the Community has competence to takeactions in certain matters governed by the Convention”.(2) On 3 October 2000, ICAO received from Luxembourg the following declaration: “The Grand Duchy ofLuxembourg, Member State of the European Community, declares that in accordance with the Treatyestablishing the European Community, the Community has competence to take actions in certain mattersgoverned by the Convention”.(3) Upon deposit of its instrument of ratification, the Czech Republic notified ICAO that “as a Member of theInternational Monetary Fund, [the Czech Republic] shall proceed in accordance with Article 23, paragraph 1 ofthe Convention”.(4) By a Note dated 13 July 2000, Finland transmitted a declaration dated 7 July 2000 signed by the Minister forForeign Trade, setting forth the wording quoted in note (1) above.(5) Upon deposit of its instrument of accession (deemed to be an instrument of ratification), New Zealand declared“that this accession shall extend to Tokelau”.Convention for the Unification of - 4 -Certain Rules for International Carriage by AirMontreal, 28 May 1999(6) At the time of ratification, Canada made the following declaration: “Canada declares, in accordance withArticle 57 of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 and signed by Canada on 1 October 2001, that the Convention does not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Canada, the whole capacity of which has been reserved by or on behalf of such authorities [Article 57(b)].”(7) The instrument of ratification of the United States contains the following declaration:“Pursuant to Article 57 of the Convention, the United States of America declares that the Convention shall not apply to international carriage by air performed and operated directly by the United States of America for non-commercial purposes in respect to the functions and duties of the United States of America as a sovereign State.”(8) By a Note dated 24 October 2003 signed by the Minister for Foreign Affairs, Japan informed ICAO “that, inaccordance with Article 57(a) of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999, the Government of Japan declares that this Convention shall not apply to international carriage by air performed and operated directly by the Government of Japan for non-commercial purposes in respect to its functions and duties as a sovereign State.”(9) On 9 February 2010, the Council of the European Union deposited with ICAO a note verbale referringto the entry into force, on 1 December 2009, of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, and stating: “As a consequence, as from1 December 2009, the European Union has replaced and succeeded the European Community . . . and hasexercised all rights and assumed all obligations of the European Community whilst continuing to exercise existing rights and assume obligations of the European Union.”The note further states “that, as from 1 December 2009, the European Community has been replaced and succeeded by the European Union in respect of the Convention for the Unification of Certain Rules for International Carriage by Air for which the International Civil Aviation Organization is the depositary and to which the European Community, replaced from 1 December 2009 by the European Union, is a contracting party.”The instrument of approval by the European Community deposited on 29 April 2004 contains the following declaration: “Declaration concerning the competence of the European Community with regard to matters governed by the Convention of 28 May 1999 for the unification of certain rules for international carriage by air (the Montreal Convention):1. The Montreal Convention provides that Regional Economic Integration Organisations constituted bysovereign States of a given region, which have competence in respect of certain matters governed by thisConvention, may become parties to it.2. The current Member States of the European Community are the Kingdom of Belgium, the Kingdom ofDenmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the FrenchRepublic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of theNetherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom ofSweden and the United Kingdom of Great Britain and Northern Ireland.3. This declaration is not applicable to the territories of the Member States in which the Treaty establishingthe European Community does not apply and is without prejudice to such acts or positions as may beadopted under the Convention by the Member States concerned on behalf of and in the interests of thoseterritories.4. In respect of matters covered by the Convention, the Member States of the European Community havetransferred competence to the Community for liability for damage sustained in case of death or injury ofpassenger. The Member States have also transferred competence for liability for damage caused by delayand in the case of destruction, loss, damage or delay in the carriage of baggage. This includesrequirements on passenger information and a minimum insurance requirement. Hence, in this field, it is- 5 - Convention for the Unificationof Certain Rules for International Carriage by AirMontreal, 28 May 1999 for the Community to adopt the relevant rules and regulations (which the Member States enforce) andwithin its competence to enter into external undertakings with third States or competent organisations*.5. The exercise of competence which the Member States have transferred to the Community pursuant to theEC Treaty is, by its nature, liable to continuous development. In the framework of the Treaty, thecompetent institutions may take decisions which determine the extent of the competence of the EuropeanCommunity. The European Community therefore reserves the right to amend the present declarationaccordingly, without this constituting a prerequisite for the exercise of its competence with regard tomatters governed by the Montreal Convention.______________*Sources:1) Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents,Official Journal of the European Union, L 285, 17.10.1997, p. 1;2) Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amendingCouncil Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, Official Journal ofthe European Union, L 140, 30.05.2002, p. 2.”(10) The instrument of accession by Austria contains the following declaration:“The Republic of Austria declares according to Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 that this Convention shall not apply to:a) international carriage by air performed and operated directly by the Republic of Austria fornon-commercial purposes in respect to its functions and duties as a sovereign State;b) the carriage of persons, cargo and baggage for the military authorities on aircraft registered in or leasedby the Republic of Austria, the whole capacity of which has been reserved on behalf of such authorities.”(11) The instrument of ratification by Denmark contains a declaration that until later decision, the Convention willnot be applied to the Faroe Islands.(12) The instrument of ratification by Germany was accompanied by the following declaration:“In accordance with Article 57 of the Convention of for the Unification of Certain Rules for International Carriage by Air of 28 May 1999, the Federal Republic of Germany declares that the Convention shall not apply to international carriage by air performed and operated directly by the Federal Republic of Germany for non-commercial purposes in respect to its functions and duties as a sovereign State or to the carriage of persons, cargo and baggage for the military authorities of the Federal Republic of Germany on aircraft registered in or leased by the Federal Republic of Germany, the whole capacity of which has been reserved by or on behalf of such authorities.”(13) The instrument of ratification by Spain contains the following declarations:“The Kingdom of Spain, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention.”“In accordance with the provisions of Article 57, the Convention shall not apply to:a) international carriage by air performed and operated directly by Spain for non-commercial purposes inrespect to its functions and duties as a sovereign State;b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leasedby Spain, the whole capacity of which has been reserved by or on behalf of such authorities.”(14) The instrument of ratification by the Kingdom of the Netherlands states that the ratification is for the Kingdomin Europe.By a Note dated 29 April 2004 from the Ministry of Foreign Affairs, the Netherlands transmitted to ICAO the following declaration: “The Kingdom of the Netherlands, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.Convention for the Unification of - 6 -Certain Rules for International Carriage by AirMontreal, 28 May 1999(15) By a Note dated 15 July 2004 from the Minister of Foreign Affairs, Belgium transmitted to ICAO the followingdeclaration in accordance with Article 57:“the Convention does not apply to:a) international carriage by air performed and operated directly by Belgium for non-commercial purposesin respect to its functions and duties as a sovereign State;b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leasedby Belgium, the whole capacity of which has been reserved by or on behalf of such authorities.” (16) In its instrument of accession, Qatar confirmed the application of the following declaration in accordance withArticle 57:“the Convention does not apply to:a) international carriage by air performed and operated directly by that State Party for non-commercialpurposes in respect to its functions and duties as a sovereign State, and/orb) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leasedby that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.”(17) The instrument of ratification by Lithuania contains the following declarations:“. . . in accordance with Article 57 . . . , the Seimas of the Republic of Lithuania declares that this Convention shall not apply to international carriage by air performed and operated directly by the Republic of Lithuania for non-commercial purposes in respect to its functions and duties as a sovereign State; and also shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Republic of Lithuania, the whole capacity of which has been reserved by or on behalf of such authorities.”“. . . in accordance with the Treaty establishing the European Community, the Seimas of the Republic of Lithuania declares that the Community has competence to take actions in certain matters governed by the Convention.”(18) (A) The instrument of ratification by China contains the following declaration:“The Convention does not apply in the Hong Kong Special Administrative Region of the People’s Republic of China until notified otherwise by the Government of the People’s Republic of China.”(B) In addition, the Representative of China on the Council of ICAO made the following declaration at the timeof deposit of the instrument of ratification:“The Convention applies in the Macao Special Administrative Region of the People’s Republic of China.”(C) By a letter dated 20 October 2006, the Representative of China on the Council of ICAO made the followingstatement on behalf of the Government of the People’s Republic of China (PRC):“Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the PRC provides that the application to the Hong Kong Special Administrative Region of the PRC of international agreements to which the PRC is or becomes a party shall be decided by the Central People’s Government in accordance with the circumstances and needs of the Region and after seeking the views of the Government of the Region.In consultation with the Government of the Hong Kong Special Administrative Region, the Government of the PRC has decided to apply the Convention in the Hong Kong Special Administrative Region of the PRC from the date of December 15, 2006.”(19) The instrument of accession by Singapore contains the following declaration in accordance with Article 57:“the Convention shall not apply to:a) international carriage by air performed and operated directly by the Republic of Singapore fornon-commercial purposes in respect to its functions and duties as a sovereign State; andb) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leasedby the Republic of Singapore, the whole capacity of which has been reserved by or on behalf of suchauthorities.”(20) The instrument of accession by Malaysia is accompanied by the following reservation:“Malaysia, in accordance with Article 57 (b) of the Montreal Convention, declares that the Convention shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Malaysia, the whole capacity of which has been reserved by or on behalf of such authorities.”(21) The instrument of ratification by Chile contains the following reservation in accordance with Article 57 (b):- 7 - Convention for the Unificationof Certain Rules for International Carriage by AirMontreal, 28 May 1999“The Republic of Chile declares that the Convention shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.”(22) The instrument of accession by Argentina contains the following “interpretative declaration”: “For theArgentine Republic, the term ‘bodily injury’ in Article 17 of this treaty includes mental injury related to bodily injury, or any other mental injury which affects the passenger’s health in such a serious and harmful way that his or her ability to perform everyday tasks is significantly impaired.”(23) The instrument of accession by Montenegro contains the following reservation in accordance with Article 57:“this Convention shall not apply to:a) international carriage by air performed and operated directly by Montenegro for non-commercialpurposes in respect to its functions and duties as a sovereign State;b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leasedby Montenegro, the whole capacity of which has been reserved by or on behalf of such authorities.”(24) The instrument of accession by Israel contains the following reservation in accordance with Article 57:“The Convention shall not apply to:a) international carriage by air performed and operated directly by the State of Israel for non-commercialpurposes in respect to its functions and duties as a sovereign State; and/orb) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leasedby the State of Israel, the whole capacity of which has been reserved by or on behalf of such authorities.”(25) The instrument of ratification by Turkey contains the following reservation in accordance with Article 57:“The said Convention shall not apply to international carriage by air performed and operated directly by the Republic of Turkey for non-commercial purposes in respect to its functions and duties as a Sovereign State and to the carriage of persons, cargo and baggage for Turkish military authorities on aircraft registered in or leased by the Republic of Turkey, the whole capacity of which has been reserved by or on behalf of such authorities.”。
海牙规则-英文版-中文版INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING (“HAGUE RULES”), AND PROTOCOL OF SIGNATURE(Brussels, 25 August 1924)The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Headof the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King of Romania, His Majesty the King of the Serbs, Croats andSlovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay,HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading,HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries:WHO, duly authorized thereto, have agreed as follows:Article 1In this Convention the following words are employed with the meanings set out below:(a)"Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.(b)"Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.(c)"Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried.(d)"Ship" means any vessel used for the carriage of goods by sea.(e)"Carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.Article 2Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.Article 31.The carrier shall be bound before and at the beginning of the voyage to exercise due diligence t(a)Make the ship seaworthy.(b)Properly man, equip and supply the ship.(c)Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.2.Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.3.After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things:(a)The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b)Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c)The apparent order and condition of the goods.Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.4.Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c).5.The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.6.Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, suchremoval shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.If the loss or damage is not apparent, the notice must be given within three days of the delivery of the goods.The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection.In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered.In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.7.After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with thename or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, shall for the purpose of this Article be deemed to constitute a "shipped" bill of lading.8.Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in this Convention, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.Article 41.Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted from unseaworthinessthe burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this Article.2.Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:(a)Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.(b)Fire, unless caused by the actual fault or privity of the carrier.(c)Perils, dangers and accidents of the sea or other navigable waters.(d)Act of God.(e)Act of war.(f)Act of public enemies.(g)Arrest or restraint or princes, rulers or people, or seizure under legal process.(h)Quarantine restrictions.(i)Act or omission of the shipper or owner of the goods, his agent or representative.(j)Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general.(k)Riots and civil commotions.(l)Saving or attempting to save life or property at sea.(m)Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.(n)Insufficiency of packing.(o)Insufficiency or inadequacy of marks.(p)Latent defects not discoverable by due diligence.(q)Any other cause arising without the actual fault or privity of the carrier, or without the actual fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.3.The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.4.Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of this Convention or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.5.Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connexion with goods in an amount exceeding 100 pounds sterling per package or unit, or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading.This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding or conclusive on the carrier.By agreement between the carrier, master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be less than the figure above named.Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connexion with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.6.Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damage and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.Article 5A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under this Convention, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.The provisions of this Convention shall not be applicable to charter parties, but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.Article 6Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.Any agreement so entered into shall have full legal effect.Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.Article 7Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connexion with, the custody and care and handling of goods prior to the loading on, and subsequent to, the discharge from the ship on which the goods are carried by sea.Article 8The provisions of this Convention shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.Article 9The monetary units mentioned in this Convention are to be taken to be gold value.Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the right of translating the sums indicated in this Convention in terms of pound sterling into terms of their own monetary system in round figures.The national laws may reserve to the debtor the right of discharging his debt in national currency according to the rate of exchange prevailing onthe day of the arrival of the ship at the port of discharge of the goods concerned.Article 10The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States.Article 11After an interval of not more than two years from the day on which the Convention is signed, the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the Convention, with a view to deciding whether it shall be put into force. The ratifications shall be deposited at Brussels at a date to be fixed by agreement among the said Governments. The first deposit of ratifications shall be recorded in a procès-verbal signed by the representatives of the Powers which take part therein and by the Belgian Minister of Foreign Affairs.The subsequent deposit of ratifications shall be made by means of a written notification, addressed to the Belgian Government and accompanied by the instrument of ratification.A duly certified copy of the procès-verbal relating to the first deposit of ratifications, of the notifications referred to in the previous paragraph, and also of the instruments of ratification accompanying them, shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers who have signed this Convention or who have acceded to it. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.Article 12Non-signatory States may accede to the present Convention whether or not they have been represented at the International Conference at Brussels.A State which desires to accede shall notify its intention in writing to the Belgian Government, forwarding to it the document of accession, which shall be deposited in the archives of the said Government.The Belgian Government shall immediately forward to all the States which have signed or acceded to the Convention a duly certified copy of the notification and of the act of accession, mentioning the date on which it received the notification.Article 13The High Contracting Parties may at the time of signature, ratification or accession declare that their acceptance of the present Convention does not include any or all of the self-governing dominions, or of the colonies, overseas possessions, protectorates or territories under their sovereignty or authority, and they may subsequently accede separately on behalf of any self-governing dominion, colony, overseas possession, protectorate or territory excluded in their declaration. They may also denounce the Convention separately in accordance with its provisions in respect of any self-governing dominion, or any colony, overseas possession, protectorate or territory under their sovereignty or authority.Article 14The present Convention shall take effect, in the case of the States which have taken part in the first deposit of ratifications, one year after the date of the protocol recording such deposit.As respects the States which ratify subsequently or which accede, and also in cases in which the Convention is subsequently put into effect in accordance with Article 13, it shall take effect six months after the notifications specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have been received by the Belgian Government.Article 15In the 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 of the notification to all the other States, informing them of the date on which it was received.The denunciation shall only operate in respect of the State which made the notification, and on the expiry of one year after the notification has reached the Belgian Government.Article 16Any one of the contracting States shall have the right to call for a fresh conference with a view to considering possible amendments.A State which would exercise this right should notify its intention to the other States through the Belgian Government, which would make arrangements for convening the Conference.DONE at Brussels, in a single copy, August 25th, 1924.PROTOCOL OF SIGNATUREAt the time of signing the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading the Plenipotentiaries whose signatures appear below have adopted this Protocol, which will have the same force and the same value as if its provisions were inserted in the text of the Convention to which it relates.The High Contracting Parties may give effect to this Convention either by giving it the force of law or by including in their national legislation in a form appropriate to that legislation the rules adopted under this Convention.They may reserve the right:1.To prescribe that in the cases referred to in paragraph 2(c) to (p) of Article 4 the holder of a bill of lading shall be entitled to establish responsibility for loss or damage arising from the personal fault of the carrier or the fault of his servants which are not covered by paragraph (a).2.To apply Article 6 in so far as the national coasting trade is concerned to all classes of goods without taking account of the restriction set out in the last paragraph of that Article.DONE at Brussels, in single copy, August 25th, 1924.。
《海牙规则》是《统一提单的若干法律规定的国际公约》（international Convention for theUnification of Certain Rules of Law Relating to Bills of Lading）的简称。
它是1924年8月25日在比利时布鲁塞尔由26个国家代表出席的外交会议签署的，于1931年6月2日起生效，截至1997年2月，加入该规则的国家和地区共有88个。
一、《海牙规则》产生的背景提单的使用由来已久。
早期的提单，无论是内容还是格式，都比较简单，而且其作用也较为单一，仅作为货物的交接凭证，只是表明货物已经装船的收据。
随着国际贸易和海上货物运输的逐步发展，提单的性质、作用和内容特别是其中的背面条款都发生了巨大变化。
在提单产生的早期，即自货物托运形式出现后的很长一个时期，在海上航运最为发达的英国，一方面，从事提单运输的承运人，即英国习惯上视为“公共承运人”（Common Carrier）必须按照英国普通法（Common law）对所承运的货物负绝对责任，即负有在目的港将货物以装货港收到货物时的相同状态交给收货人的义务，对所运货物的灭失或损坏，除因天灾（Act of God）、公敌行为（Queen|s Enemies）、货物的潜在缺陷、托运人的过错行为所造成，或属于共同海损损失之外，不论承运人本人、船长、船员或其他受雇人、代理人有无过错，承运人均应负赔偿责任。
但另一方面，法律对私人合同却采取“契约自由”原则，这就为承运人逃避普通法上的法律责任打开了方便之门，承运人在提单上列入对货物灭失或损失免责的条款，强加给货主的各种不公平的条件和不应承担的风险越来越多。
这种免责条款从18世纪开始出现，到19世纪中期的后半期，便发展到不可收拾的地步。
有的提单上的免责事项甚至多达六七十项，以至有人说，承运人只有收取运费的权利，无责任可言。
承运人滥用契约自由，无限扩大免责范围的作法使当时的国际贸易和运输秩序陷入极度的混乱，其直接结果不但使货方正当权益失去了起码的保障，而且还出现了保险公司不敢承保，银行不肯汇兑，提单在市场上难以转让流通的不良局面。
International Convention for the Unification of Certain Rules relating to Maritime Liensand Mortgages(Brussels, 27 May 1967)THE CONTRACTING PARTIES,HAVING RECOGNIZED the desirability of determining by agreement certain rules relating to maritime liens and mortgages,HAVE RESOLVED to conclude a convention for this purpose, and thereto agreed as follows:Article 1Mortgages and "hypothèques" on sea-going vessels shall be enforceable in Contracting States provided that:(a) such mortgages and "hypothèques" have been effected and registered in accordance with the law of the State where the vessel is registered;(b) the register and any instruments required to be deposited with the registrar in accordance with the law of the State where the vessel is registered are open to public inspection, and that extracts of the register and copies of such instruments are obtainable from the registrar, and(c) either the register or any instruments referred to in paragraph (b) above specifies the name and address of the person in whose favour the mortgage or "hypothèque" has been effected or that it has been issued to bearer, the amount secured and the date and other particulars which, according to the law of the State of registration, determine the rank as respects other registered mortgages and "hypothèques".Article 2The ranking of registered mortgages and "hypothèques" as between themselves and, without prejudice to the provisions of this Convention, their effect in regard to third parties shall be determined by the law of the State of registration; however, without prejudice to the provisions of this Convention, all matters relating to the procedure of enforcement shall be regulated by the law of the State where enforcement takes place.Article 31. Subject to the provisions of Article 11, no Contracting State shall permit the deregistration of a vessel without the written consent of all holders of registered mortgages and "hypothèques".2. A vessel which is or has been registered in a Contracting State shall not be eligible for registration in another Contracting State, unless:(a) a certificate has been issued by the former State to the effect that the vessel has been deregistered, or(b) a certificate has been issued by the former State to the effect that the vessel will be deregistered on the day when such new registration is effected.Article 41. The following claims shall be secured by maritime liens on the vessel:(i) wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel;(ii) port, canal and other waterway dues and pilotage dues;(iii) claims against the owner in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;(iv) claims against the owner, based on tort and not capable of being based on contract, in respect of loss of or damage to property occurring, whether on land or on water, in direct connection with the operation of the vessel;(v) claims for salvage, wreck removal and contribution in general average.The word "owner" mentioned in this paragraph shall be deemed to include the demise or other charterer, manager or operator of the vessel.2. No maritime lien shall attach to the vessel securing claims as set out in paragraph 1 (iii) and (iv) of this Article which arise out of or result from the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive product or waste.Article 51. The maritime liens set out in Article 4 shall take priority over registered mortgages and "hypothèques", and no other claim shall take priority over such maritime liens or over mortgages and "hypothèques" which comply with the requirements of Article 1, except as provided in Article 6(2).2. The maritime liens set out in Article 4 shall rank in the order listed, provided however that maritime liens securing claims for salvage, wreck removal and contribution in general average shall take priority over all other maritime liens which have attached to the vessel prior to the time when the operations giving rise to the said liens were performed.3. The maritime liens set out in each of sub-paragraphs (i), (ii), (iii) and (iv) of paragraph (1) of Article 4 shall rank pari passu as between themselves.4. The maritime liens set out in sub-paragraph (v) of paragraph (1) of Article 4 shall rank in the inverse order of the time when the claims secured thereby accrued. Claims for contribution in general average shall be deemed to have accrued on the date on which the general average act was performed; claims for salvage shall be deemed to have accrued on the date on which the salvage operation was terminated.Article 61. Each Contracting State may grant liens or rights of retention to secure claims other than those referred to in Article 4. Such liens shall rank after all maritime liens set out in Article 4 and after all registered mortgages and "hypothèques" which comply with the provisions of Article 1; and such rights of retention shall not prejudice the enforcement of maritime liens set out in Article 4 or registered mortgages or "hypothèques" which comply with the provisions of Article 1, nor the delivery of the vessel to the purchaser in connection with such enforcement.2. In the event that a lien or right of retention is granted in respect of a vessel in possession of:(a) a shipbuilder, to secure claims for the building of the vessel, or(b) a ship repairer, to secure claims for repair of the vessel effected during such possession,such lien or right of retention shall be postponed to all maritime liens set out in Article 4, but may be preferred to registered mortgages or "hypothèques". Such lien or right of retention may be exercisable against the vessel notwithstanding any registered mortgage or "hypothèque" on the vessel, but shall be extinguished when the vessel ceases to be in the possession of the shipbuilder or ship repairer, as the case may be.Article 71. The maritime liens set out in Article 4 arise whether the claims secured by such liens are against the owner or against the demise or other charterer, manager or operator of the vessel.2. Subject to the provisions of Article 11, the maritime liens securing the claims set out in Article 4 follow the vessel notwithstanding any change of ownership or of registration.Article 81. The maritime liens set out in Article 4 shall be extinguished after a period of one year from the time when the claims secured thereby arose unless, prior to the expiry of such period, the vessel has been arrested, such arrest leading to a forced sale.2. The one year period referred to in the preceding paragraph shall not be subject to suspension or interruption, provided, however, that time shall not run during the period that the lienor is legally prevented from arresting the vessel.Article 9The assignment of or subrogation to a claim secured by a maritime lien set out in Article 4 entails the simultaneous assignment of or subrogation to such maritime lien.Article 10Prior to the forced sale of a vessel in a Contracting State, the competent authority of such State shall give, or cause to be given at least thirty days written notice of the time and place of such sale to:(a) all holders of registered mortgages and "hypothèques" which have not been issued to bearer;(b) such holders of registered mortgages and "hypothèques" issued to bearer and to such holders of maritime liens set out in Article 4 whose claims have been notified to the said authority;(c) the registrar of the register in which the vessel is registered.Article 111. In the event of the forced sale of the vessel in a Contracting State all mortgages and"hypothèques", except those assumed by the purchaser with the consent of the holders, and all liens and other encumbrances of whatsoever nature shall cease to attach to the vessel, provided however that:(a) at the time of the sale, the vessel is in the jurisdiction of such Contracting State, and(b) the sale has been effected in accordance with the law of the said State and the provisions of this Convention.No charter party or contract for the use of the vessel shall be deemed a lien or encumbrance for the purpose of this Article.2. The cost awarded by the Court and arising out of the arrest and subsequent sale of the vessel and the distribution of the proceeds shall first be paid out of the proceeds of such sale. The balance shall be distributed among the holders of maritime liens, liens and rights of retention mentioned in paragraph 2 of Article 6 and registered mortgages and "hypothèques" in accordance with the provisions of this Convention to the extent necessary to satisfy their claims.3. When a vessel registered in a Contracting State has been the object of a forced sale in a Contracting State, the Court or other competent authority having jurisdiction shall, at the request of the purchaser, issue a certificate to the effect that the vessel is sold free of all mortgages and "hypothèques", except those assumed by the purchaser, and all liens and other encumbrances, provided that the requirements set out in paragraph 1, sub-paragraphs (a) and (b) have been complied with, and that the proceeds of such forced sale have been distributed in compliance with paragraph 2 of this Article or have been deposited with the authority that is competent under the law of the place of the sale. Upon production of such certificate the registrar shall be bound to delete all registered mortgages and "hypothèques", except those assumed by the purchaser, and toregister the vessel in the name of the purchaser or to issue a certificate of deregistration for the purpose of re-registration, as the case may be.Article 121. Unless otherwise provided in this Convention, its provisions shall apply to all sea-going vessels registered in a Contracting State or in a non-Contracting State.2. Nothing in this Convention shall require any rights to be conferred in or against, or enable any rights to be enforced against any vessel owned, operated or chartered by a State and appropriated to public non-commercial services.Article 13For the purposes of Articles 3, 10 and 11 of this Convention, the competent authorities of the Contracting States shall be authorized to correspond directly between themselves.Article 14Any Contracting Party may at the time of signing, ratifying or acceding to this Convention make the following reservations:1. to give effect to this Convention either by giving it the force of law or by including the provisions of this Convention in its national legislation in a form appropriate to that legislation;2. to apply the International Convention relating to the limitation of the liability of owners ofsea-going ships, signed at Brussels on 10 October 1957.Article 15Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.Article 161. Each Contracting Party may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by Article 15 of the Convention. The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party having made such a reservation.2. Any Contracting Party having made a reservation in accordance with paragraph 1 may at any time withdraw this reservation by notification to the Belgian Government.Article 17This Convention shall be open for signature by the States represented at the twelfth session of the Diplomatic Conference on Maritime LawArticle 18This Convention shall be ratified and the instruments of ratification shall be deposited w ith the Belgian Government.Article 191. This Convention shall come into force three months after the date of the deposit of the fifth instrument of ratification.2. This Convention shall come into force in respect of each signatory State which ratifies it after the deposit of the fifth instrument of ratification, three months after the date of the deposit of the instrument of ratification.Article 201. States, Members of the United Nations or Members of the specialized agencies, not represented at the twelfth session of the Diplomatic Conference on Maritime Law, may accede to this Convention.2. The instruments of accession shall be deposited with the Belgian Government.3. The Convention shall come into force in respect of the acceding State three months after the date of deposit of the instrument of accession of that State, but not before the date of entry into force of the Convention as established by Article 19(1).Article 21Each Contracting Party shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such Contracting Party. Nevertheless, this denunciation shall only take effect one year after the date on which notification thereof have been received by the Belgian Government.Article 221. Any Contracting Party may at the time of signature, ratification or accession to this Convention or at any time thereafter declare by written notification to the Belgian Government which, among the territories under its sovereignty or for whose international relations it is responsible, are those to which the present Convention applies.The Convention shall three months after the date of the receipt of such notification by the Belgian Government, extend to the territories named therein.2. Any Contracting Party which has made a declaration under paragraph (1) of this Article may at any time thereafter declare by notification given to the Belgian Government that the Convention shall cease to extend to such territories.This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government.Article 23The Belgium Government shall notify the States represented at the twelfth session of the Diplomatic Conference on Maritime Law, and the acceding States to this Convention, of the following:1. The signatures, ratifications and accessions received in accordance with Articles 17, 18 and 20.2. The date on which the present Convention will come into force in accordance with Article 19.3. The notifications with regard to Articles 14, 16 and 22.4. The denunciations received in accordance with Article 21.Article 24Any Contracting Party may three years after the coming into force of this Convention, in respect of such Contracting Party, or at any time thereafter request that a Conference be convened in order to consider amendments to this Convention.Any Contracting Party proposing to avail itself of this right shall notify the Belgian Government which, provided that one-third of the Contracting Parties are in agreement, shall convene the Conference within six months thereafterArticle 25In respect of the relations between States which ratify this Convention or accede to it, this Convention shall replace and abrogate the International Convention for the unification of certain rules relating to Maritime Liens and Mortgages and Protocol of signature, signed at Brussels on 10 April 1926.IN WITNESS WHEREOF the undersigned plenipotentiaries, duly authorized, have signed this Convention.DONE at Brussels, this 27th day of May 1967, in the French and English 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。
