The Ratification of Maritime Conventions

Published with the Institute of Maritime Law; Southampton University

Commentary

Chapter I.2.310

INTERNATIONAL CONVENTION RELATING TO THE LIMITATION OF THE LIABILITY OF OWNERS OF SEA-GOING SHIPS, 1957

ADOPTED: Done at Brussels, 10 October 1957

REFERENCE: LIMITATION OF SHIPOWNERS LIABILITY, 1957

ENTERED INTO FORCE: 31 May 1968

DEPOSITARY: Belgian Government

SECRETARY: Belgian Government

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article IX

This Convention shall be open for signature by the States represented at the tenth session of the Diplomatic Conference on Maritime Law.

Article X

This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Government which shall notify through diplomatic channels all signatory and acceding States of their deposit.

Article XII

Any State not represented at the tenth session of the Diplomatic Conference on Maritime Law may accede to this Convention.

The instruments of accession shall be deposited with the Belgian Government which shall inform through diplomatic channels all signatory and acceding States of the deposit of any such instruments.

The Convention shall come into force in respect of the acceding State six months after the date of the deposit of the instrument of accession of that State, but not after the date of entry into force of the Convention as established by Article XI, paragraph (1).

ENTRY INTO FORCE

Article XI

1. This Convention shall come into force six months after the date of deposit of at least ten instruments of ratification, of which at least five by States that have each a tonnage equal or superior to one million gross tons of tonnage.

2. For each signatory State which ratifies the Convention after the date of deposit of the instrument of ratification determining the coming into force such as is stipulated in paragraph 1 of this article, this Convention shall come into force six months after the deposit of their instrument of ratification.

DENUNCIATION

Article XIII

Each 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. Nevertheless, this denunciation shall only 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 signatory and acceding States of such notification.

AMENDMENT

Article XV

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 thereof after request that a conference be convened in order to consider amendments to this 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.

TERRITORIAL APPLICATION

Article XIV

1. Any High Contracting Party may at any time of its ratification of or accession to this Convention or at any time thereafter declare by written notification to the Belgian Government 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 Government 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 Party.

2. Any High Contracting Party which has made a declaration under paragraph (1) of this article extending the Convention to any territory for whose international relations it is responsible may at any time thereafter declare by notification given to the Belgian Government that the Convention 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.

3. The Belgian Government shall inform through diplomatic channels all signatory and acceding States of any notification received by it under this article.

PROTOCOL OF SIGNATURE

1. Any State, at the time of signing, ratifying or acceding to this Convention may make any of the reservations set forth in paragraph 2. No other reservation to this Convention shall be admissible.

2. The following are the only reservations admissible:

(a) Reservation of the right to exclude the application of Article 1 paragraph 1 (c);
(b) Reservation of the right to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than three hundred tons;
(c) Reservation of the right to give effect to this Convention either by giving it force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.

DECLARATIONS AND RESERVATIONS

Australia

“ . . . The Government of Australia, reserves for and on behalf of Australia the right to exclude the application of Article I paragraph (1) (c) of the Convention.”

Bahamas

“ . . . subject to the same reservations as those made by the United Kingdom on ratification namely the reservations set out in sub-paragraphs (a) and (b) of paragraph (2) of the Protocol of Signature.”

Barbados

Belize

Denmark

[IML Translation] “The government of Denmark reserves the right:

1) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

2) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Dominican Republic

“ . . . subject to the same reservations as those made by the United Kingdom on ratification namely the reservations set out in sub-paragraphs (a) and (b) of paragraph 2 of the Protocol of Signature.”

Fiji

[IML Translation] On 22 August 1972 there was received at the Ministry of Foreign Affairs, Overseas Commerce, Co-operation and Development, a letter from Mr K.K.T. Mara, Prime Minister and Foreign Minister of Fiji, notifying that with respect to the Convention, the Government of Fiji would adhere to the rights and liabilities previously undertaken by the United Kingdom, from the date of independence, 10 October 1970, with the following reservations:

(1) In accordance with the provisions of sub-paragraph (a) of paragraph 2 of the said protocol of Signature, the government of the United Kingdom of Great Britain and Northern Ireland exclude paragraph (1)(c) of Article I from their application of the said Convention.

(2) In accordance with the provisions of sub-paragraph (b) of paragraph 2 of the said Protocol of Signature, the Government of the United Kingdom of Great Britain and Northern Ireland will regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons. Furthermore, in accordance with the provisions of sub-paragraph (c) of paragraph 2 of the said protocol of Signature, the Government of Fiji declares that the said Convention as such has not been made part of Fiji law, but that the appropriate provisions to give effect thereto have been introduced in Fiji law.

Finland

[IML Translation] “The government of Finland reserves the right:

1) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

2) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

A Thesleff

Brussels, 28th March 1961.

France

[IML Translation] “The government of the French Republic reserves the right:

1) to exclude the application of article I, paragraph (1) (c);

2) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

3) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

German Democratic Republic

[IML Translation] Reservations with respect to article I, paragraph (1) (c):

“The German Democratic Republic notes that its domestic territorial waters and seas have no limitation of liability within the meaning of this Convention with respect to a law relating to the raising and refloating of wrecks, to the raising or destruction of vessels which have been sunk, run aground or abandoned (including all that which is aboard). Claims included, the liability results from the national law of the German Democratic Republic.”

Reservations with respect to paragraph 2 (c) (of the Protocol of Signature):

“The German Democratic Republic will give effect to this Convention by including in its national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Declaration with respect to article XIV:

“With respect to the provisions of article XIV of the Convention, the German Democratic Republic draws upon: the application of the Convention to its colonies and other dependent territories the provisions of the declaration of the United Nations on the Granting of Independence to Colonial Countries and Peoples (Resolution No. 1514 (XV) of 14 December 1960) proclaiming the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.”

Germany, Federal Republic of

[IML Translation] “. . . with the reservation that the provisions of this Convention will be adopted in an appropriate form into German law, as well as the reservations provided in paragraph 2, sub-paragraphs (a) and (b) of the Protocol of Signature.”

Ghana

“The Government of Ghana in acceding to the Convention reserves the right:

(1) to exclude the application of article I, paragraph (1) (c);

(2) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(3) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this convention.”

Grenada

Guyana

Iceland

“The Government of Iceland reserves the right:

(1) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(2) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

India

(1) to exclude the application of article I, paragraph (1) (c);

(2) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(3) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Iran

[IML Translation] “The Government of Iran reserves the right:

(1) to exclude the application of article I, paragraph (1) (c);

(2) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(3) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Israel

“The Government of Israel reserves to themselves the right:

(1) to exclude from the scope of the Convention the obligations and liabilities stipulated in article I (1) (c);

(2) to regulate the provision of domestic legislation the limitation of liability in respect of ships of less than 300 tons of tonnage.”

“The Government of Israel reserves to themselves the right to give effect to this Convention either by giving it the force of law or by including in its national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

G. Rafael I. Mintz

Brussels, 10 October 1957.

Japan

In depositing its instrument of ratification, the Japanese Government made reservations announced in paragraph 2 of the Protocol of Signature.

Kiribati

Macao Special Administrative Region

“(a) The Government of the People’s Republic of China reserves, for the Macao Special Administrative Region, the right not to be bound by paragraph 1.C of Article 1 of the Convention;

(b) The Government of the People’s Republic of China reserves, for the Macao Special Administrative Region, the right to regulate by specific provisions of laws of the Macao Special Administrative Region the system of limitation of liability to be applied to ships of less than 300 tons;

(c) With reference to the implementation of the Convention in the Macao Special Administrative Region, the Government of the People’s Republic of China reserves, for the Macao Special Administrative Region, the right to implement the Convention either by giving it the force of law of [sic] the Macao Special Administrative Region, or by including the provisions of the Convention, in appropriate form, in legislation of the Macao Special Administrative Region. Within the above ambit, the Government of the People’s Republic of China will assume responsibility for the international rights and obligations that place [sic] on a Party to the Convention.”

Mauritius

Monaco

In depositing its instrument of ratification, Monaco made the reservations announced in paragraph 2 of the Protocol of Signature.

Netherlands

“The Government of the Netherlands reserves the right:

(1) to exclude the application of article I, paragraph (1)(c);

(2) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(3) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Norway

“The Government of the Kingdom of Norway reserves the right to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Papua New Guinea

(a) The Government of Papua New Guinea excludes paragraph (1)(c) of article I;

(b) The Government of Papua New Guinea will regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(c) The Government of Papua New Guinea shall give effect to the said Convention by including the provisions of the said Convention in the national legislation of Papua New Guinea.

Portugal

[IML Translation] “ . . . with the reservations stated in sub-paragraphs (a), (b) and (c) of paragraph 2 of the Protocol of Signature.”

Saint Lucia

Saint Vincent and the Grenadines

“ . . . subject to the same reservations as those made by the United Kingdom on ratification namelythe reservations set out in sub-paragraphs (a) and (b) of paragraph (2) of the Protocol of Signature.”

Seychelles

Singapore

On 13 September 1977 there was received from the Singaporean Ministry of Foreign Affairs a note dated 6 September 1977, in which the Government of Singapore confirmed that it considers itself bound by the Convention with effect from 31 May 1968, with the following reservations:

“(a) the right to exclude the application of article I paragraph 1 (c);
and
(b) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons.

The Government of the Republic of Singapore declares under sub-paragraph (c) of paragraph 2 of the protocol of Signature that provisions of law have been introduced in the Republic of Singapore to give effect to the Convention, although the Convention as such has not been made part of Singapore law.”

Solomon Islands

Spain

“The Government of Spain reserves the right:

(1) to exclude from the field of application of the Convention the rights and liabilities stated in article I, paragraph (1) (c);

(2) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(3) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Sweden

“The Government of Sweden reserves the right:

(1) to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons;

(2) to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.”

Sture Petren.

Brussels, 10 October 1957.

[IML Translation] “Sweden reserves the right:

(a) to exclude the application of article I, paragraph (1) (c);
(b) to regulate by Swedish law the system of limitation of liability applied to ships of less than 300 tons;
(c) to give effect to the Convention by including the provisions of the Convention in Swedish legislation.”

Tonga

Reservations:

“(1) In accordance with the provisions of sub-paragraph (a) of paragraph 2 of the Protocol of Signature, the Government of the Kingdom of Tonga exclude paragraph (1) (c) of article I from their application of the said Convention.

(2) In accordance with the provisions of sub-paragraph (b) of paragraph 2 of the Protocol of Signature, the Government of the Kingdom of Tonga will regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons.”

Tuvalu

United Arab Republic

The instrument of accession contained the following reservations:

(1) to exclude the application of article I, paragraph (1) (c);

(2) to regulate by specific provision of national law the system of limitation of liability to be applied to ships of less than 300 tons.

United Kingdom

“Subject to the following observations:

(1) In accordance with the provisions of sub-paragraph (a) of paragraph 2 of the said Protocol of Signature, the Government of the United Kingdom of Great Britain and Northern Ireland exclude paragraph (1)(c) of article I from their application of the said Convention.

(2) In accordance with the provisions of sub-paragraph (b) of paragraph 2 of the said Protocol of Signature, the Government of the United Kingdom and Northern Ireland will regulate by specific provisions of national law the systems of limitation of liability to be applied to ships of less than 300 tons.

(3) The Government of Great Britain and Northern Ireland also reserve the right in extending the said Convention to any of the territories for whose international relations they are responsible, to make such extension subject to any or all of the reservations set out in paragraph 2 of the said Protocol of Signature. Furthermore, in accordance with the provisions of sub-paragraph (c) of paragraph 2 of the said Protocol of Signature, the Government of the United Kingdom of Great Britain and Northern Ireland declare that the said Convention as such has not been made part of United Kingdom law, but that the appropriate provisions to give effect thereto have been introduced in United Kingdom law.”

Bailiwicks of Guernsey and Jersey

Bermuda (reservations, see Bailiwick of Guernsey and Jersey)

British Antarctic Territories (reservations, see Bailiwick of Guernsey and Jersey)

British Virgin Islands (reservations, see Bailiwick of Guernsey and Jersey)

Cayman Islands (reservations, see Bailiwick of Guernsey and Jersey)

Falklands and Dependencies (reservations, see Bailiwick of Guernsey and Jersey)

Gibraltar (reservations, see Bailiwick of Guernsey and Jersey)

Hong Kong (reservations, see Bailiwick of Guernsey and Jersey)

Isle of Man (reservations, see Bailiwick of Guernsey and Jersey)

Montserrat (reservations, see Bailiwick of Guernsey and Jersey)

Turks and Caicos (reservations, see Bailiwick of Guernsey and Jersey)

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