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II.2.10 (ARREST 1952) INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE ARREST OF SEA-GOING SHIPS, 1952

The Ratification of Maritime Conventions

Chapter I.2.10

INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE ARREST OF SEA-GOING SHIPS, 1952

ADOPTED: Done at Brussels, 10 May 1952
REFERENCE: ARREST 1952
UN TREATY NUMBER: I. 6330
ENTERED INTO FORCE: 24 February 1956
DEPOSITARY: Belgian Ministry of Foreign Affairs
SECRETARY: Belgian Ministry of Foreign Affairs

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article XII

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.

Article XIII

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.

Article XV

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 States six months after the date of the receipt of such notification but not before the Convention comes into force in accordance with the provisions of Article XIV (a).

ENTRY INTO FORCE

Article XIV

a) This Convention shall come into 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 deposit of the instrument of ratification of that State.

DENUNCIATION

Article XVII

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.

AMENDMENTS

Article XVI

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.

TERRITORIAL APPLICATION

Article XVIII

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 Party.

b) A High Contracting Party which has made a declaration under paragraph a) 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 Ministry of Foreign Affairs that the Convention shall cease to extend to such territory and the Convention shall one year after the receipt of the notification by the Belgian Ministry of Foreign Affairs cease to extend thereto.

c) The Belgian Ministry of Foreign Affairs shall inform through diplomatic channels all signatory and acceding States of any notification received by it under this Article.

DECLARATIONS AND RESERVATIONS

Antigua & Barbuda

“The Government of Antigua and Barbuda reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Bahamas

“ . . . with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in service of a State.”

Belize

“ . . . with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in service of a State.”

China

On 4 June 1997 the Belgian Ministry of Foreign Affairs received the following notification from the Embassy of the People’s Republic of China in the Kingdom of Belgium:

“The International Convention Relating to the Arrest of Sea-going Ships done at Brussels on 10 May 1952 which applies to Hong Kong at present will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People’s Republic of China reserves for the Hong Kong Special Administrative Region the right not to apply the provisions of the Convention to warships or vessels owned by or in the service of a State. Within the above ambit, responsibility for the international rights and obligations of a party to the Convention will be assumed by the Government of the People’s Republic of China.”

On 15 October 1999 the Belgian Ministry of Foreign Affairs received the following notification from the Embassy of the People’s Republic of China in the Kingdom of Belgium:

“The International Convention for the Unification of Certain Rules relating to the Arrest of Sea-Going Ships, done at Brussels on 10 May 1952 (hereinafter referred to as ‘the Convention’), which currently applies to Macao, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People’s Republic of China reserves, for the Macao Special Administrative Region, the right not to apply the provisions of the Convention to warships or vessels owned by or in the service of a state.

Within the above ambit, the Government of the People’s Republic of China will assume the responsibility for the international rights and obligations that place [sic] on a Party to the Convention.”.

Costa Rica

[IML translation] “Firstly: Paragraph 1 of article III may not be invoked for the seizure of a ship which is not itself the subject of a claim and which no longer belongs to the person who was the owner of the ship in respect of which the claim arises, conforming to the Maritime Register of the country whose flag it flies, although it may previously have belonged to him.

Secondly: that Costa Rica does not consider sections a,b,c,d,e and f of paragraph one of article VII to be obligatory, given that, in the final analysis, according to the laws of the Republic, the only courts entitled to take action relative to Maritime claims are those of the plaintiff’s home country, except where specified in o, p and q in section 1 of article I, where the courts of the country whose flag the ship flies are responsible.

Whilst ratifying the aforementioned convention, the government of Costa Rica reserves the right to apply domestic commercial and employment legislation with regard to the seizure of foreign ships which arrive in its ports.”

Cuba

[IML translation] “This accession includes the reservations provided by article X of the Convention, the reservation does not apply to the provisions of the Convention on warships or ships of state or in the services of the state, nor to a declaration on article XVIII of the Convention.”

Dominican Republic

[IML translation] “The Government of Dominica reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Egypt

[IML translation] “At the time of signature, the Egyptian plenipotentiary declared reservations provided in article X. Confirmation of the reservations was made at the time of signature.”

Fiji

[IML Translation] On 22 August 1972, the Ministry of Foreign Affairs, Overseas Trade, Co-operation and Development received a letter from Mr. K.K.T. Mara, Prime Minister and Foreign Minister of Foreign Affairs of Fiji, notifying that as far as this Convention was concerned, the Republic of Fiji assumed the rights and responsibilities previously undertaken by the United Kingdom, with effect from the date of Fijian independence, that is to say, 10 October 1970, with the reservations which appear below:

“The Government of Fiji reserves the right not to apply the provisions of this Convention to warships or vessels owned by or in the service of the state.”

Germany, Federal Republic of

(including Land Berlin)

[IML Translation] “ . . . with the reservation provided in article X, subparagraphs (a) and (b).”

Grenada

“The Government of Grenada reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

Guyana

“…with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in service of a state.”

Ireland

Ireland reserves the right not to apply the provisions of this Convention to warships or to ships owned by or in service of a State.

Italy

The Government of the Republic of Italy refers to article X, paragraphs (a) and (b) and makes the following reservation:

  • (a) The right not to apply the provisions of this Convention on the arrest of a vessel by reason of one of the maritime claims provided in (o) and (p) of the first article and to apply her national law to the seizure.
  • (b) The right not to apply the provisions of the first paragraph XX of article III to seizures made in her territory by reason of the claims provided in subparagraph (q) of article I.

Khmer Republic

The Government of the Khmer Republic in acceding to this Convention, makes the reservations provided in article X.

Kiribati

“ . . . with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in service of a state.”

Mauritius

“The Government of Mauritius reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

Netherlands

In addition, she refers to article X, paragraphs (a) and (b) and makes the following reservations:

—the provisions of the Convention are not applicable to the arrest of a vessel by reason of the maritime claims provided in subparagraphs (o) and (p) of article I, the arrest of which will invoke the application of Dutch law; and

—the provisions of the first paragraph of article III do not apply to arrests in the territory of the Kingdom of the Netherlands by reason of the claims provided in subparagraph (q) of article I.

Nigeria

“The Government of the Federal Republic of Nigeria reserves the right not to apply any of the provisions of the said Convention to warships or to vessels owned by or in the service of the State.”

Northern Borneo

“The Government of Borneo reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Norway

“Pursuant to Article 10, paragraph b, of the Convention, the Kingdom of Norway reserves her right not to apply the first paragraph of article 3 to the arrest of a ship, within its jurisdiction, for claims set out in Article 1, paragraph 9.”

Sarawak

“The Government of Sarawak reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Seychelles

“ …with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Solomon Islands

“…with the reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

St. Christopher-Nevis

“The Government of St. Christopher-Nevis reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

St. Lucia

“The Government of St. Lucia reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

St. Vincent & the Grenadines

“The Government of St. Vincent & the Grenadines reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Tonga

“The Government of Tonga reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

Tuvalu

“…with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of the State.”

United Kingdom

Her Majesty’s Government in the United Kingdom reserve the right not to apply the provisions of this convention to warships or to vessels owned by or in the service of a State.

“…subject to the following reservations:

(1) The Government of the United Kingdom of Great Britain and Northern Ireland reserve the right not to apply the provisions of the said Convention to warships or to vessels owned by or in the service of a State.

(2) The Government of the United Kingdom of Great Britain and Northern Ireland 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 the reservations provided for in Article X of the said Convention.”

(s) Selwyn Lloyd.

Anguilla

“The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

Bermuda

“The Government of Bermuda reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

British Virgin Islands

“The Government of the British Virgin Islands reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

Cayman Islands

The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

Falkland Islands & Dependencies

“…subject to the following reservation: The Falkland Islands and its Dependencies reserve the right not to apply the provisions of the said Convention to warships or to vessels owned by or in the service of a State.”

Gibraltar

“The Governments of Gibraltar and Hong-Kong reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

Guernsey

“The Guernsey authorities reserve the right not to apply the provisions of the said Convention to warships or to vessels owned by or in service of a State.”

Isle of Man

The Government of the United Kingdom of Great Britain and Northern Ireland reserve the right not to apply the provisions of the said Convention in respect of its application to the Isle of Man to warships or to vessels owned by or in the service of the State.

Montserrat

The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

St. Helena

The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to apply the provisions of this Convention to warships or to vessels owned by or in the service of a State.”

St. Vincent

(Reservations, see St. Helena)

Turks & Caicos Islands

“ . . . with reservation of the right not to apply the provisions of this Convention to warships or to vessels owned by or in service of a State.”

Yugoslavia

“ . . . with reservation in conformity with article X of the said Convention, the right not to apply its provisions to the arrest of a vessel by reason of maritime claims provided in paragraph (o) of the first article and to apply to the arrest of her national law.”

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