PROTOCOL
AMENDING THE INTERNATIONAL CONVENTION
FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING, 25
AUGUST 1924 AS AMENDED BY THE PROTOCOL OF 23 FEBRUARY 1968
(Brussels,
21.XII.1979)
The
Contracting Parties to the present Protocol,
Being
Parties to the International Convention for the unification of certain rules of
law relating to bills of lading, done at Brussels on 25th August 1924, as
amended by the Protocol to amend that Convention, done at Brussels on 23rd
February 1968,
Have
agreed as follows:
For
the purpose of this Protocol, "Convention" means the International
Convention for the unification of certain rules of law relating to bills of
lading and its Protocol of signature, done at Brussels on 25th August 1924, as
amended by the Protocol, done at Brussels on 23rd February 1968.
(1)
Article 4, paragraph 5, (a) of the Convention is replaced by the following:
"(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 666.67 units of account per
package or unit or 2 units of account per kilogramme of gross weight of the
goods lost or damaged, whichever is the higher."
(2)
Article 4, paragraph 5, (d) of the Convention is replaced by the following:
"(d) The
unit of account mentioned in this Article is the Special Drawing Right as
defined by the International Monetary Fund. The amounts mentioned in
sub-paragraph (a) of this paragraph shall be converted into national currency
on the basis of the value of that currency on a date to be determined by the
law of the Court seized of the case.
The value of
the national currency, in terms of the Special Drawing Right, of a State which
is a membre of the International Monetary Fund, shall be calculated in
accordance with the method of valuation applied by the International Monetary
Fund in effect at the date in question for its operations and transactions. The
value of the national currency, in terms of the Special Drawing Right, of a
State which is not a member of the International Monetary Fund, shall be
calculated in a manner determined by that State.
Nevertheless, a
State which is not a member of the International Monetary Fund and whose law
does not permit the application of the provisions of the preceding sentences
may, at the time of ratification of the Protocol of 1979 or accession thereto
or at any time thereafter, declare that the limits of liability provided for in
this Convention to be applied in its territory shall be fixed as follows:
(i) in respect
of the amount of 666.67 units of account mentioned in sub-paragraph (a) of paragraph
5 of this Article, 10,000 monetary units;
(ii) in respect
of the amount of 2 units of account mentioned in sub-paragraph (a) of paragraph
5 of this Article, 30 monetary units.
The monetary
unit referred to in the preceding sentence corresponds to 65.5 milligrammes of
gold of millesimal fineness 900'. The conversion of the amounts specified in
that sentence into the national currency shall be made according to the law of
the State concerned.
The calculation
and the conversion mentioned in the preceding sentences shall be made in such a
manner as to express in the national currency of the State as far as possible
the same real value for the amounts in sub-paragraph (a) of paragraph 5 of this
Article as is expressed there in units of account.
States shall
communicate to the depositary the manner of calculation or the result of the
conversion as the case may be, when depositing an instrument of ratification of
the Protocol of 1979 or of accession thereto and whenever there is a change in
either."
Any
dispute between two or more Contracting Parties concerning the interpretation
or application of the present Protocol, 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 organisation 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.
(1)
Each Contracting Party may at the time of signature or ratification of this
Protocol or of accession thereto, declare that it does not consider itself
bound by Article III.
(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.
This
Protocol shall be open for signature by the States which have signed the
Convention of 25 August 1924 or the Protocol of 23 February 1968 or which are
Parties to the Convention.
(1)
This Protocol shall be ratified.
(2)
Ratification of this Protocol by any State which is not a Party to the
Convention shall have the effect of ratification of the Convention.
(3)
The instruments of ratification shall be deposited with the Belgian Government.
(1)
Stares not referred to in Article V may accede to this Protocol.
(2)
Accession to this Protocol shall have the effect of accession to the
Convention.
(3)
The instruments of accession shall be deposited with the Belgian Government.
(1)
This Protocol shall come into force three months after the date of the deposit
of five instruments of ratification or accession.
(2)
For each Stare which ratifies this Protocol or accedes thereto after the fifth
deposit, this Protocol shall come into force three months after the deposit of
its instrument of ratification or accession.
(1)
Any Contracting Party may denounce this Protocol by notification to the Belgian
Government.
(2)
The denunciation shall take effect one year after the date on which the
notification has been received by the Belgian Government.
(1)
Each 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 for whose international relations it is responsible, are
those to which the present Protocol applies. 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.
(2)
This extension also shall apply to the Convention if the latter is not yet
applicable to these territories.
(3)
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 Protocol 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.