CONVENTION ON THE INTERNATIONAL RGIME OF MARITIME PORTS

Adopted in Geneva, Switzerland on 9 Dec 1923

[http://www.austlii.edu.au/au/other/dfat/treaties/1926/14.html] CONVENTION ON THE INTERNATIONAL RGIME OF MARITIME PORTS............................1 Article 1 ..................................................................................................................................3 Article 2 ..................................................................................................................................3 Article 3 ..................................................................................................................................4 Article 4 ..................................................................................................................................4 Article 5 ..................................................................................................................................4 Article 6 ..................................................................................................................................4 Article 7 ..................................................................................................................................4 Article 8 ..................................................................................................................................5 Article 9 ..................................................................................................................................5 Article 10 ................................................................................................................................5 STATUTE ...................................................................................................................................5 Article 1 ..................................................................................................................................5 Article 2 ..................................................................................................................................6 Article 3 ..................................................................................................................................6 Article 4 ..................................................................................................................................6 Article 5 ..................................................................................................................................6 Article 6 ..................................................................................................................................6 Article 7 ..................................................................................................................................7 Article 8 ..................................................................................................................................7 Article 9 ..................................................................................................................................7 Article 10 ................................................................................................................................8 Article 11 ................................................................................................................................8 Article 12 ................................................................................................................................8 Article 13 ................................................................................................................................8 Article 14 ................................................................................................................................8 Article 15 ................................................................................................................................8 Article 16 ................................................................................................................................9
UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

Article 17 ................................................................................................................................9 Article 18 ..............................................................................................................................10 Article 19 ..............................................................................................................................10 Article 20 ..............................................................................................................................10 Article 21 ..............................................................................................................................10 Article 22 ..............................................................................................................................11 Article 23 ..............................................................................................................................11 Article 24 ..............................................................................................................................11 PROTOCOL OF SIGNATURE OF THE CONVENTION ON THE INTERNATIONAL RGIME OF MARITIME PORTS .............................................................................................................11

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 2 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

Germany, Belgium, Brazil, the British Empire (with New Zealand and India), Bulgaria, Chile, Denmark, Spain, Estonia, Greece, Hungary, Italy, Japan, Lithuania, Norway, the Netherlands, Salvador, Kingdom of the Serbs, Croats and Slovenes, Siam, Sweden, Switzerland, Czechoslovakia and Uruguay, DESIROUS of ensuring in the fullest measure possible the freedom of communications mentioned in Article 23(e) of the Covenant by guaranteeing in the maritime ports situated under their sovereignty or authority and for purposes of international trade equality of treatment between the ships of all the Contracting States, their cargoes and passengers; CONSIDERING that the best method of achieving their present purpose is by means of a general convention to which the greatest possible number of States can later accede; AND WHEREAS the Conference which met at Genoa on 10 April 1922 requested, in a resolution which was transmitted to the competent organisations of the League of Nations with the approval of the Council and the Assembly of the League, that the International Conventions relating to the Rgime of Communications provided for in the Treaties of Peace should be concluded and put into operation as soon as possible, and whereas, Article 379 of the Treaty of Versailles and the corresponding Articles of the other Treaties provide for the preparation of a General Convention on the International Rgime of Ports; HAVING ACCEPTED the invitation of the League of Nations to take part in a Conference which met at Geneva on 15 November 1923; DESIROUS of bringing into force the provisions of the Statute relating to the International Rgime of Ports adopted thereat, and of concluding a General Convention for this purpose, the High Contracting Parties have appointed as their plenipotentiaries: [Names of plenipotentiaries not reproduced here] Who, after communicating their full powers, found in good and due form, have agreed as follows:

ARTICLE 1
The Contracting States declare that they accept the Statute on the International Rgime of Maritime Ports, annexed hereto, adopted by the Second General Conference on Communications and Transit which met at Geneva on 15 November 1923. This Statute shall be deemed to constitute an integral part of the present Convention. Consequently, they hereby declare that they accept the obligations and undertakings of the said Statute in conformity with the terms and in accordance with the conditions set out therein.

ARTICLE 2
The present Convention does not in any way affect the rights and obligations arising out of the provisions of the Treaty of Peace signed at Versailles on 28 June 1919, or out of the provisions

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 3 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

of the other corresponding Treaties, in so far as they concern the Powers which have signed, or which benefit by, such Treaties.

ARTICLE 3
The present Convention of which the French and English texts are both authentic, shall bear this day's date, and shall be open for signature until 31 October 1924 by any State represented at the Conference of Geneva, by any Member of the League of Nations and by any States to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose.

ARTICLE 4
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the League of Nations, who shall notify their receipt to every State signatory of or acceding to the Convention.

ARTICLE 5
On and after 1 November 1924, the present Convention may be acceded to by any State represented at the Conference referred to in Article 1, by any Member of the League of Nations, or by any State to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose.[1] Accession shall be effected by an instrument communicated to the Secretary-General of the League of Nations to be deposited in the archives of the Secretariat. The Secretary-General shall at once notify such deposit to every State signatory of or acceding to the Convention.

ARTICLE 6
The present Convention will not come into force until it has been ratified in the name of five States. The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification.[2] Thereafter, the present Convention will take effect in the case of each Party ninety days after the receipt of its ratification or of the notification of its accession. In compliance with the provisions of Article 18 of the Covenant of the League of Nations, the Secretary-General will register the present Convention upon the day of its coming into force.

ARTICLE 7
A special record shall be kept by the Secretary-General of the League of Nations showing, with due regard to the provisions of Article 9, which of the Parties have signed, ratified, acceded to or denounced the present Convention. This record shall be open to the Members of the League at

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 4 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

all times; it shall be published as often as possible, in accordance with the directions of the Council.

ARTICLE 8
Subject to the provisions of Article 2 above, the present Convention may be denounced by any Party thereto after the expiration of five years from the date when it came into force in respect of that Party. Denunciation shall be effected by notification in writing addressed to the SecretaryGeneral of the League of Nations. Copies of such notification shall be transmitted forthwith by him to all the other Parties, informing them of the date on which it was received. A denunciation shall take effect one year after the date on which the notification thereof was received by the Secretary-General, and shall operate only in respect of the notifying State.

ARTICLE 9
Any State signing or acceding to the present Convention may declare at the moment either of its signature, ratification or accession, that its acceptance of the present Convention does not include any or all of its colonies, overseas possessions, protectorates, or overseas territories, under its sovereignty or authority, and may subsequently accede, in conformity with the provisions of Article 5, on behalf of any such colony, overseas possession, protectorate or territory excluded by such declaration. Denunciation may also be made separately in respect of any such colony, overseas possession, protectorate or territory, and the provisions of Article 8 shall apply to any such denunciation.

ARTICLE 10
The revision of the present Convention may be demanded at any time by one-third of the Contracting States. IN FAITH WHEREOF the abovenamed plenipotentiaries have signed the present Convention. DONE at Geneva the ninth day of December, one thousand nine hundred and twenty-three, in a single copy which shall remain deposited in the archives of the Secretariat of the League of Nations. [Signatures not reproduced here.]

STATUTE
ARTICLE 1
All ports which are normally frequented by sea-going vessels and used for foreign trade shall be deemed to be maritime ports within the meaning of the present Statute.

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 5 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

ARTICLE 2
Subject to the principle of reciprocity and to the reservation set out in the first paragraph of Article 8, every Contracting State undertakes to grant the vessels of every other Contracting State equality of treatment with its own vessels, or those of any other State whatsoever, in the maritime ports situated under its sovereignty or authority, as regards freedom of access to the port, the use of the port, and the full enjoyment of the benefits as regards navigation and commercial operations which it affords to vessels, their cargoes and passengers. The equality of treatment thus established shall cover facilities of all kinds, such as allocation of berths, loading and unloading facilities, as well as dues and charges of all kinds levied in the name or for the account of the Government, public authorities, concessionaries or undertakings of any kind.

ARTICLE 3
The provisions of the preceding Article in no way restrict the liberty of the competent port authorities to take such measures as they may deem expedient for the proper conduct of the business of the port provided that these measures comply with the principle of equality of treatment as defined in the said Article.

ARTICLE 4
All dues and charges levied for the use of maritime ports shall be duly published before coming into force. The same shall apply to the by-laws and regulations of the port. In each maritime port, the port authority shall keep open for inspection by all persons concerned a table of the dues and charges in force, as well as a copy of the by-laws and regulations.

ARTICLE 5
In assessing and applying Customs and other analogous duties, local octroi or consumption duties, or incidental charges, levied on the importation or exportation of goods through the maritime ports situated under the sovereignty or authority of the Contracting States, the flag of the vessel must not be taken account, and accordingly no distinction may be made to the detriment of the flag of any Contracting State whatsoever as between that flag and the flag of the State under whose sovereignty or authority the port is situated, or the flag of any other State whatsoever.

ARTICLE 6
In order that the principle of equal treatment in maritime ports laid down in Article 2 may not be rendered ineffective in practice by the adoption of other methods of discrimination against the

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 6 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

vessels of a Contracting State using such ports, each Contracting State undertakes to apply the provisions of Articles 4, 20, 21 and 22 of the Statute annexed to the Convention on the International Rgime of Railways, signed at Geneva on 9 December 1923,[3] so far as they are applicable to traffic to or from a maritime port, whether or not such Contracting State is a party to the said Convention on the International Rgime of Railways. The aforesaid Articles are to be interpreted in conformity with the provisions of the Protocol of Signature of the said Convention. (See Annex.)

ARTICLE 7
Unless there are special reasons justifying an exception, such as those based upon special geographical, economic, or technical conditions, the Customs duties levied in any maritime port situated under the sovereignty or authority of a Contracting State may not exceed the duties levied on the other Customs frontiers of the said State on goods of the same kind, source or destination. If, for special reasons as set out above, a Contracting State grants special Customs facilities on other routes for the importation or exportation of goods, it shall not use these facilities as a means of discrimination unfairly against importation or exportation through the maritime ports situated under its sovereignty or authority.

ARTICLE 8
Each of the Contracting States reserves the power, after giving notice through diplomatic channels, of suspending the benefit of equality of treatment from any vessel of a State which does not effectively apply, in any maritime port situated under its sovereignty or authority, the provisions of this Statute to the vessels of the said Contracting State, their cargoes and passengers. In the event of action being taken as provided in the preceding paragraph, the State which has taken action and the State against which action is taken, shall both alike have the right of applying to the Permanent Court of International Justice by an application addressed to the Registrar; and the Court shall settle the matter in accordance with the rules of summary procedure. Every Contracting State shall, however, have the right at the time of signing or ratifying this Convention, of declaring that it renounces the right of taking action as provided in the first paragraph of this Article against any other State which may make a similar declaration.

ARTICLE 9
This Statute does not in any way apply to the maritime coasting trade.

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 7 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

ARTICLE 10
Each Contracting State reserves the right to make such arrangements for towage in its maritime ports as it thinks fit, provided that the provisions of Articles 2 and 4 are not thereby infringed.

ARTICLE 11
Each Contracting State reserves the right to organise and administer pilotage services as it thinks fit. Where pilotage is compulsory, the dues and facilities offered shall be subject to the provisions of Articles 2 and 4, but each Contracting State may exempt from the obligation of compulsory pilotage such as its nationals as possess the necessary technical qualifications.

ARTICLE 12
Each Contracting State shall have the power, at the time of signing or ratifying this Convention, of declaring that it reserves the right of limiting the transport of emigrants, in accordance with the provisions of its own legislation to vessels which have been granted special authorisation as fulfilling the requirements of the said legislation. In exercising this right, however, the Contracting State shall be guided, as far as possible, by the principles of this Statute. The vessels so authorised to transport emigrants shall enjoy all the benefits of this Statute in all maritime ports.

ARTICLE 13
This Statute applies to all vessels, whether publicly or privately owned or controlled. It does not, however, apply in any way to warships or vessels performing police or administrative functions, or, in general, exercising any kind of public authority, or any other vessels which for the time being are exclusively employed for the purposes of the naval, military or air forces of a State.

ARTICLE 14
This Statute does not in any way apply to fishing vessels or to their catches.

ARTICLE 15
Where in virtue of a treaty, convention or agreement, a Contracting State has granted special rights to another State within a defined area in any of its maritime ports for the purpose of facilitating the transit of goods or passengers to or from the territory of the said State, no other Contracting State can invoke the stipulations of this Statute in support of any claim for similar special rights.

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 8 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

Every Contracting State which enjoys the aforesaid special rights in a maritime port of another State, whether Contracting or not, shall conform to the provisions of this Statute in its treatment of the vessels trading with it, and their cargoes and passengers. Every Contracting State which grants the aforesaid special rights to a non-Contracting State is bound to impose, as one of the conditions of the grant, an obligation on the State which is to enjoy the aforesaid rights to conform to the provisions of this Statute in its treatment of the vessels trading with it, and their cargoes and passengers.

ARTICLE 16
Measures of a general or particular character which a Contracting State is obliged to take in case of an emergency affecting the safety of the State or the vital interests of the country may, in exceptional cases, and for as short a period as possible, involve a deviation from the provisions of Articles 2 to 7 inclusive; it being understood that the principles of the present Statute must be observed to the utmost possible extent.

ARTICLE 17
No Contracting State shall be bound by this Statute to permit the transit of passengers whose admission to its territories is forbidden, or of goods of a kind of which the importation is prohibited, either on grounds of public health or security, or as a precaution against diseases of animals or plants. As regards traffic other than traffi on transit, no Contracting State shall be bound by this Statute to permit the transport of passengers whose admission to its territories is

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW www.cil.nus.edu.sg

Page 9 of 12

1923 CONVENTION AND STATUTE OF THE INTERNATIONAL REGIME OF MARITIME PORTS

UNOFFICIAL TEXT CENTRE FOR INTERNATIONAL LAW