修改统提单干法律规定国际公约议定书(维斯规)
(Brussels 23 February 1968)
(1968223 日订布鲁塞尔)
THE CONTRACTING PARTIES
缔约国:
CONSIDERING that it is desirable to amend the International Convention for the unification of certain rules of law relating to Bills of Lading signed at Brussels on 25th August 1924
考虑修改九二四年八月二十五日布鲁塞尔签订关统提单干法律规国际公约需
HAVE AGREED as follows
协议:
Article 1
第条
(1) In Article 3 paragraph 4 shall be added
第三条第4款中应增加:
However proof to the contrary shall not be admissible when the Bill of Lading has been transferred to a third party acting in good faith
提单已转善意行事第三者时相反证予接受
(2) In Article 3 paragraph 6 subparagraph 4 shall be deleted and replaced by
第三条第6款中第4段应改:
Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods unless suit is brought within one year of their delivery or of the date when they should have been delivered This period may however be extended if the parties so agree after the cause of action has arisen
遵第6款(修改)规定非货物交付日应付日起年提起诉讼承运船舶情况免货物货物责诉讼事提出事方意该期限延长
(3) In Article 3 after paragraph 6 shall be added the following paragraph 6bis
第三条第6款应增加列条文作第6款(修改):
An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case However the time allowed shall be not less than three months commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself
前款规定年限期满果受理该案法院法律准许时间第三者提出赔偿诉讼准许时间少三月提出种赔偿诉讼已解决索赔者起诉传票送达日起算
Article 2
第二条
Article 4 paragraph 5 shall be deleted and replaced by the following
第四条第5款应予删改列规定:
(a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the Bill of Lading neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 10000 francs per package or unit or 30 francs per kilo of gross weight of the goods lost or damaged whichever is the higher
非装货前托运已声明该货物性质价值载入提单否情况承运船舶货物遭受关灭失损害件单位金额超10000法郎部分灭失损害货物公斤先重超达30法郎部分均负责两者较高金额准
(b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged
全部赔偿金额应参货物根契约船卸应卸时价值计算
The value of the goods shall be fixed according to the commodity exchange price or if there be no such price according to the current market price or if there be no commodity exchange price or current market price by reference to the normal value of goods of the same kind and quality
货物价值应商品交易价格确定者种价格时现行市场价格者商品交易价格现行市场价格时参类质货物正常价值确定
(c) Where a container pallet or similar article of transport is used to consolidate goods the number of packages or units enumerated in the Bill of Lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned Except as aforesaid such article of transport shall be considered the package or unit
果货物集装箱托盘类似装运器具拼装时提单中载明装种装运器具中件数单位数应视款指件数单位数述情况外应视种装运器具件单位
(d) A franc means a unit consisting of 655 milligrammes of gold of millesimal fineness 900' The date of conversion of the sum awarded into national currencies shall be governed by the law of the Court seized of the case
法郎指含纯度千分九百黄金六十五点五毫克单位裁决赔偿数额兑换成国家货币日期应受理该法院法律规定
(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result
证实损失承运蓄意造成损失作出行行明知会产生损失顾果作出行行产生承运船舶权享受款规定责限制利益
(f) The declaration mentioned in subparagraph (a) of this paragraph if embodied in the Bill of Lading shall be prima facie evidence but shall not be binding or conclusive on the carrier
款(a)项提声明载入提单时应作初步证承运具约束力终效力
(g) By agreement between the carrier master or agent of the carrier and the shipper other maximum amounts than those mentioned in subparagraph (a) of this paragraph may be fixed provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that subparagraph
承运船长承运代理托运间协议规定高款(a)项规定外高金额样规定高金额低(a)项列高金额
(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with goods if the nature or value thereof has been knowingly misstated by the shipper in the Bill of Lading
托运提单中意谎报货物性质价值情况承运船舶货物货物关灭失损害承担责
Article 3
第三条
Between Articles 4 and 5 of the Convention shall be inserted the following Article 4bis
公约第四条第五条间应插入条文作第四条(修订):
1 The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort
公约规定抗辩责限制应适运输合涉关货物灭失损害承运提起诉讼该诉讼合根侵权行根
2 If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor) such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention
果种诉讼承运雇佣员代理(该雇佣员代理独立缔约)提出该雇佣员代理适公约承运援引项答辩责限制
3 The aggregate of the amounts recoverable from the carrier and such servants and agents shall in no case exceed the limit provided for in this Convention
承运雇佣员代理赔偿总额情况超公约规定限制
4 Nevertheless a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article 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
证实损失该雇佣员代理蓄意造成损失作出行行明知会产生损失意作出作行产生该承运雇佣员代理适条项规定
Article 4
第四条
Article 9 of the Convention shall be deleted and replaced by the following
公约第九条应改列规定:
This Convention shall not affect the provisions of any international Convention or national law governing liability for nuclear damage
公约应影响国际公约国法关核损害责项规定
Article 5
第五条
Article 10 of the Convention shall be deleted and replaced by the following
公约第十条应改列规定:
The provisions of this Convention shall apply to every Bill of Lading relating to the carriage of goods between ports in two different States if
公约项规定应适两国家港口间关货物运输份提单果:
(a) the Bill of Lading is issued in a Contracting State
or
提单缔约国签发
(b) the carriage is from a port in a Contracting State
or
缔约国港口起运
(c) the contract contained in or evidenced by the Bill of Lading provides that the rules of this Convention or legislation of any State giving effect to them are to govern the contract whatever may be the nationality of the ship the carrier the shipper the consignee or any other interested person
提单载提单证明契约规定该契约应受公约项规约束应受公约生效国家立法约束船舶承运托运收货关国籍
Each Contracting State shall apply the provisions of this Convention to the Bills of Lading mentioned above
缔约国应公约项规定适述提单
This Article shall not prevent a Contracting State from applying the rules of this Convention to Bills of Lading not included in the preceding paragraphs
条应妨碍缔约国公约项规定适包括前款中提单
Article 6
第六条
As between the Parties to this Protocol the Convention and the Protocol shall be read and interpreted together as one single instrument
议定书缔约国间公约议定书应作文件结合起阅读解释
A Party to this Protocol shall have no duty to apply the provisions of this Protocol to Bills of Lading issued in a State which is a Party to the Convention but which is not a Party to this Protocol
议定书缔约国没义务议定书项规定适公约缔约国议定书缔约国签发提单
Article 7
第七条
As between the Parties to this Protocol denunciation by any of them of the Convention in accordance with Article 15 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol
议定书缔约国间国公约第十五条规定退出公约解释退出议定书修订公约
Article 8
第八条
Any dispute between two or more Contracting Parties concerning the interpretation or application of the 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
两两缔约国公约解释适发生争议未通协商解决时应根中方请求提交仲裁提请仲裁日起六月方仲裁组成取致意见时中方国际法庭条例纠纷提交国际法庭
Article 9
第九条
(1) Each Contracting Party may at the time of signature or ratification of this Protocol or accession thereto declare that it does not consider itself bound by Article 8 of this Protocol The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party having made such a reservation
缔约国签字批准议定书加入议定书时声明受议定书第八条约束缔约国作出保留缔约国间关系应受该条约束
(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
根第1款作出保留缔约国时候通知利时政府撤销保留
Article 10
第十条
This Protocol shall be open for signature by the States which have ratified the Convention or which have adhered thereto before the 23rd February 1968 and by any State represented at the twelfth session (19671968) of the Diplomatic Conference on Maritime Law
议定书批准公约九六八年二月二十三日前加入公约出席海外交会议第十二次会议(九六七— 九六八年)国家开放供签字
Article 11
第十条
(1) This Protocol shall be ratified
议定书须批准
(2) Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of accession to the Convention
非公约缔约国国家提交议定书批准书具加入公约效力
(3) The instruments of ratification shall be deposited with the Belgian Government
批准文件应交存利时政府
Article 12
第十二条
(1) States Members of the United Nations or Members of the specialized agencies of the United Nations not represented at the twelfth session of the Diplomatic Conference on Maritime Law may accede to this Protocol
未出席海法外交会议第十二次会议联合国成员国联合国专门机构成员国加入议定书
(2) Accession to this Protocol shall have the effect of accession to the Convention
加入议定书具加入公约效力
(3) The instruments of accession shall be deposited with the Belgian Government
加入文件应交存利时政府
Article 13
第十三条
(1) This Protocol shall come into force three months after the date of the deposit of ten instruments of ratification or accession of which at least five shall have been deposited by States that have each a tonnage equal or superior to one million gross tons of tonnage
收十份批准书加入文件日三月议定书生效中少应五交存批准书国家拥相超百万总吨船舶国家
(2) For each State which ratifies this Protocol or accedes thereto after the date of deposit of the instrument of ratification or accession determining the coming into force such as is stipulated in paragraph (1) of this Article this Protocol shall come into force three months after the deposit of its instrument of ratification or accession
条第1款规定交存议定书生效需批准加入文件日批准加入议定书国家议定书交存批准加入文件三月生效
Article 14
第十四条
(1) Any Contracting State may denounce this Protocol by notification to the Belgian Government
缔约国通知利时政府退出议定书
(2) This denunciation shall have the effect of denunciation of the Convention
项退出通知具退出公约效力
(3) The denunciation shall take effect one year after the date on which the notification has been received by the Belgian Government
项退出通知利时政府收该通知日年生效
Article 15
第十五条
(1) Any Contracting State may at the time of signature ratification or accession 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 Protocol applies
缔约国签署批准加入议定书时时候书面通知利时政府声明该国权辖域该国负责国际关系域中域适议定书
The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein but not before the date of the coming into force of the Protocol in respect of such State
利时政府收该通知日三月议定书适范围扩通知书列明域议定书该缔约国生效日前适
(2) This extension also shall apply to the Convention if the latter is not yet applicable to those territories
果域尚未适公约种扩适公约
(3) Any Contracting State 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 Protocol shall cease to extend to such territory This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government it also shall apply to the Convention
根条第1款作出声明缔约国时候通知利时政府声明议定书停止扩适该域项退出应利时政府收退出通知日年生效项退出应适公约
Article 16
第十六条
The Contracting Parties may give effect to this Protocol 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 Protocol
缔约国采述方法议定书生效:赋法律效力适合国立法形式国立法中订入议定书采项规
Article 17
第十七条
The Belgian Government shall notify the States represented at the twelfth session (19671968) of the Diplomatic Conference on Maritime Law the acceding States to this Protocol and the States Parties to the Convention of the following
利时政府应列事项通知出席海法外交会议第十二次会议(九六七 – 九六八年)国议定书加入国公约缔约国:
1 The signatures ratifications and accessions received in accordance with Articles 10 11 and 12
根第十条第十条第十二条收签署批准加入文件
2 The date on which the present Protocol will come into force in accordance with Article 13
根第十三条议定书生效日期
3 The notifications with regard to the territorial application in accordance with Article 15
根第十五条关适域通知
4 The denunciations received in accordance with Article 14
根第十四条退出通知
IN WITNESS WHEREOF the undersigned Plenipotentiaries duly authorized have signed this Protocol
列全权代表正式授权已议定书签字资证明
DONE at Brussels this 23rd day of February 1968 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
九六八年二月二十三日订布鲁塞尔份份法文英文写成两种文具等效力议定书交存利时政府档案库利时政府分发核证误议定书副
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