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  • 海上核材料运输民事责任公约

     

    颁布日期:19711129  实施日期:19750715  颁布单位:布鲁塞尔

      THE HIGH CONTRACTING PARTIES,

      CONSIDERING that the Paris Convention of July 29, 1960 on Third PartyLiability in the Field of Nuclear Energy and its Additional Protocol ofJanuary 28, 1964 (hereinafter referred to as “the Paris Convention”) andthe Vienna Convention of May 21, 1963 on Civil Liability for NuclearDamage (hereinafter referred to as “the Vienna Convention”) provide that,in the case of damage caused by a nuclear incident occurring in thecourse of maritime carriage of nuclear material covered by suchConventions, the operator of a nuclear installation is the person liablefor such damage,

      CONSIDERING that similar provisions exist in the national law in forcein certain States,

      CONSIDERING that the application of any preceding internationalConvention in the field of maritime transport is however maintained,

      DESIROUS of ensuring that the operator of a nuclear installation willbe exclusively liable for damage caused by a nuclear incident occurring inthe course of maritime carriage of nuclear material,

      HAVE AGREED as follows:Article 1

      Any person who by virtue of an international convention or nationallaw applicable in the field of maritime transport might be held liable fordamage caused by a nuclear incident shall be exonerated from suchliability:

      (a) if the operator of a nuclear installation is liable for suchdamage under either the Paris or the Vienna Convention, or

      (b) if the operator of a nuclear installation is liable for suchdamage by virtue of a national law governing the liability for suchdamage, provided that such law is in all respects as favourable to personswho may suffer damage as either the Paris or the Vienna Convention.Article 2

      1. The exoneration provided for in Article 1 shall also apply inrespect of damage caused by a nuclear incident:

      (a) to the nuclear installation itself or to any property on thesite of that installation which is used or to be used in connexion withthat installation, or

      (b) to the means of transport upon which the nuclear materialinvolved was at the time of the nuclear incident.

      for which the operator of the nuclear installation is not liablebecause his liability for such damage has been excluded pursuant to theprovisions of either the Paris or the Vienna Convention, or, in casesreferred to in Article 1(b), by equivalent provisions of the national lawreferred to therein.

      2. The provisions of paragraph 1 shall not, however, affect theliability of any individual who has caused the damage by an act oromission done with intent to cause damage.Article 3

      No provision of the present Convention shall affect the liability ofthe operator of a nuclear ship in respect of damage caused by a nuclearincident involving the nuclear fuel of or radioactive products or wasteproduced in such ship.Article 4

      The present Convention shall supersede any international Conventionsin the field of maritime transport which, at the date on which the presentConvention is opened for signature, are in force or open for signature,ratification or accession but only to the extent that such Conventionswould be in conflict with it, however, nothing in this Article shallaffect the obligations of the Contracting Parties to the presentConvention to non-Contracting States arising under such internationalConventions.Article 5

      1. The present Convention shall be opened for signature in Brusselsand shall remain open for signature in London at the Headquarters of theInter-Governmental Maritime Consultative Organization (hereinafterreferred to as “the Organization”) until December 31, 1972 and shallthereafter remain open for accession.

      2. States Members of the United Nations or any of the SpecializedAgencies or of the International Atomic Energy Agency or Parties to theStatute of the International Court of Justice may become Parties to thepresent Convention by;

      (a) signature without reservation as to ratification, acceptanceor approval;

      (b) signature subject to ratification, acceptance or approvalfollowed by ratification, acceptance or approval; or

      (c) accession.

      3. Ratification, acceptance, approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General of the Organization.Article 6

      1. The present Convention shall enter into force on the ninetieth dayfollowing the date on which five States have either signed it withoutreservation as to ratification, acceptance or approval or have depositedinstruments of ratification, acceptance, approval or accession with theSecretary-General of the Organization.

      2. For any State which subsequently signs the present Conventionwithout reservation as to ratification, acceptance or approval, ordeposits its instrument of ratification, acceptance, approval oraccession, the Convention shall come into force on the ninetieth day afterthe date of such signature or deposit.Article 7

      1. The present Convention may be denounced by any Contracting Party toit at any time after the date on which the Convention comes into force forthat State.

      2. Denunciation shall be effected by a notification in writingdelivered to the Secretary-General of the Organization.

      3. A denunciation shall take effect one year, or such longer period asmay be specified in the notification, after its receipt by theSecretary-General of the Organization.

      4. Notwithstanding a denunciation by a Contracting Party pursuant tothis Article the provisions of the present Convention shall continue toapply to any damage caused by a nuclear incident occurring before thedenunciation takes effect.Article 8

      1. The United Nations where it is the administering authority for aterritory, or any Contracting Party to the present Convention responsiblefor the international relations of a territory, may at any time bynotification in writing to the Secretary-General of the Organizationdeclare that the present Convention shall, extend to such territory.

      2. The present Convention shall from the date of receipt of thenotification or from such other date as may be specified in thenotification, extend to the territory named therein.

      3. The United Nations or any Contracting Party which had made adeclaration under paragraph 1 of this Article may at any time after thedate on which the Convention has been so extended to any territory declareby notification in writing to the Secretary-General of the Organizationthat the present Convention shall cease to extend to any such territorynamed in the notification.

      4. The present Convention shall cease to extend to any territorymentioned in such notification one year, or such longer period as may bespecified therein, after the date of receipt of the notification by theSecretary-General of the Organization.Article 9

      1. A Conference for the purpose of revising or amending the presentConvention may be convened by the Organization.

      2. The Organization shall convene a Conference of the ContractingParties to the present Convention for revising or amending it at therequest of not less than one-third of the Contracting Parties.Article 10

      A Contracting Party may make reservations corresponding to those whichit has validly made to the Paris or Vienna Convention. A reservation maybe made at the time of signature, ratification, acceptance, approval oraccession.Article 11

      1. The present Convention shall be deposited with theSecretary-General of the Organization.

      2. The Secretary-General of the Organization shall:

      (a) inform all States which have signed or acceded to the presentConvention of:

      (i) each new signature and each deposit of an instrumenttogether with the date thereof;

      (ii) any reservation made in conformity with the presentConvention;

      (iii) the date of entry into force of the present Convention;

      (iv) any denunciation of the present Convention and the dateon which it takes effect;

      (v) the extension of the present Convention to any territoryunder paragraph 1 of Article 8 and of the termination of any suchextension under the provisions of paragraph 4 of that Article stating ineach case the date on which the present Convention has been or will ceaseto be so extended;

      (b) transmit certified true copies of the present Convention toall Signatory States and to all States which have acceded to the presentConvention.

      3. As soon as the present Convention comes into force, a certifiedtrue copy thereof shall be transmitted by the Secretary-General of theOrganization to the Secretariat of the United Nations for registration andpublication in accordance with Article 102 of the Charter of the UnitedNations.Article 12

      The present Convention is established in a single original in theEnglish and French languages, both texts being equally authentic.Official translations in the Russian and Spanish languages shall beprepared by the Secretariat of the Organization and deposited with thesigned original.

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

      DONE at Brussels this seventeenth day of December 1971.

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