INTERNATIONAL CONVENTION
FOR THE UNIFICATION OF CERTAIN RULES RELATING TO PENAL JURISDICTION IN MATTERS
OF COLLISION OR OTHER INCIDENTS OF NAVIGATION
(Brussels,
10.V.1952)
The
High Contracting Parties,
Having
recognised the advisability of establishing by agreement certain uniform rules
relating to penal jurisdiction in matters of collision or other incidents of
navigation,
Have
decided to conclude a Convention for this purpose and thereto have agreed as
follows:
In
the event of a collision or any other incident of navigation concerning a
sea-going ship and involving the penal or disciplinary responsibility of the
master or of any other person in the service of the ship, criminal or
disciplinary proceedings may be instituted only before the judicial or
administrative authorities of the State of which the ship was flying the flag
at the time of the collision or other incident of navigation.
In
the case provided for in the preceding Article, no arrest or detention or the
vessel shall be ordered oven as a measure of investigation, by any authorities
other than those whose flag the ship was flying.
Nothing
contained in this Convention shall prevent any State from permitting its own
authorities, in cases of collision or other incidents of navigation, to take
any action in respect of certificates of competence or licences issued by that
State or to prosecute its own nationals for offences committed while on board a
ship flying the flag of another State.
This
Convention does not apply to collisions or other incidents of navigation
occurring within the limits of a port or in inland waters.
Furthermore
the High Contracting Parties shall be at liberty, at the time of signature,
ratification or accession to the Convention, to reserve to themselves the right
to take proceedings in respect of offences committed within their own
territorial waters.
The
High Contracting Parties undertake to submit to arbitration any disputes
between States arising out of the interpretation or application of this
Convention, but this shall be without prejudice to the obligations of those
High Contracting Parties who have agreed to submit their disputes to the
International Court of Justice.
This
Convention shall be open for signature by the States represented at the Ninth
Diplomatic Conference on Maritime Law. The protocol of signature shall be drawn
up through the good offices of the Belgian Ministry of Foreign Affairs.
This
Convention shall be ratified and the instruments of ratification shall be
deposited with the Belgian Ministry of Foreign Affairs which shall notify all
signatory and acceding States of the deposit of any such instruments.
a)
This Convention shall come info force between the two States which first ratify
it, six months after the date of the deposit of the second instrument of
ratification.
b)
This Convention shall come into force in respect of each signatory State which
ratifies it after the deposit of the second instrument of ratification six
months after the date of the deposit of the instrument of ratification of that
State.
Any
State not represented at the Ninth Diplomatic Conference on Maritime Law may
accede to this Convention.
The
accession of any State shall be notified to the Belgian Ministry of Foreign
Affairs which shall inform through diplomatic channels all signatory and
acceding States of such notification.
The
Convention shall come into force in respect of the acceding State six months
after the date of the receipt of such notification but not before the
Convention has come into force in accordance with the provisions of Article 8
"a".
Any
High Contracting Party may three years after the coming into force of this
Convention in respect of such High Contracting Party or at any time thereafter
request that a conference be convened in order to consider amendments to the
Convention.
Any
High Contracting Party proposing to avail itself of this right shall notify the
Belgian Government which shall convene the conference within six months
thereafter.
Any
High Contracting Party shall have the right to denounce this Convention at any
time after the coming into force thereof in respect of such High Contracting
Party. This denunciation shall take effect one year after the date on which
notification thereof has been received by the Belgian Government which shall
inform through diplomatic channels all the other High Contracting Parties of
such notification.
a)
Any High Contracting Party may at the time of its ratification of or accession
to this Convention or at any time thereafter declare by written notification to
the Belgian Ministry of Foreign Affairs that the Convention shall extend to any
of the territories for whose international relations it is responsible. The
Convention shall six months after the date of the receipt of such notification
by the Belgian Ministry of Foreign Affairs extend to the territories named
therein, but not before the date of the coming into force of the Convention in
respect of such High Contracting