We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

II.2.30 (COLLISION/PENAL JURISDICTION) INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO PENAL JURISDICTION IN MATTERS OF COLLISION OR OTHER INCIDENTS OF NAVIGATION, 1952

The Ratification of Maritime Conventions

Chapter I.2.30

INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO PENAL JURISDICTION IN MATTERS OF COLLISION OR OTHER INCIDENTS OF NAVIGATION, 1952

ADOPTED: Done at Brussels, 10 May 1952
REFERENCE: COLLISION / PENAL JURISDICTION, 1952
UN TREATY NUMBER: I. 6332
ENTERED INTO FORCE: 20 November 1955
DEPOSITARY: Belgian Ministry of Foreign Affairs
SECRETARY: Belgian Ministry of Foreign Affairs

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article VI

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 VII

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 IX

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.

This 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 comes into force in accordance with the provisions of Article VIII (a).

ENTRY INTO FORCE

Article VIII

(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 the deposit of the instrument of ratification of that State.

DENUNCIATION

Article XI

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 X

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 XII

(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 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

“(a) The Government of Antigua and Barbuda reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship is flying has as respects that ship or any class of ship to which that ship belongs assented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in Antigua and Barbuda.

(b) The Government of Antigua and Barbuda reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of Antigua and Barbuda.”

Argentina

[IML Translation] “The Republic of Argentina adheres to the International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collisions or Other Incidents of Navigation, with the exception of the right accorded under the second part of article IV and is determined that the term infractions, to which this article refers, should include collisions and all other matters targeted in article I of the Convention.”

Bahamas

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, assented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities of the Bahamas;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of the Bahamas.”

Belgium

[IML Translation] “ . . . The Belgian Government, making use of the powers incorporated in article IV of this Convention, reserves the right to pursue infringements committed in Belgian territorial waters.”

Belize

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities of Belize;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Belize.”

China

“(a) The Government of the People’s Republic of China reserves, for the Macao Special Administrative Region, the right not to observe the provisions of Article 1 of the Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which tht ship belongs consented to the institution of criminal or disciplinary proceedings before the judicial or administrative authorities of the Macao Special Administrative Region.

(b) In accordance with Article 4 of the Convention, the Government of the People’s Republic of China reserves, for the Macao Special Administrative Region, the right to take proceedings in respect of offences committed within the waters under the jurisdiction 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.”

Costa Rica

[IML Translation] The Government of Costa Rica doesn’t recognise the obligatory nature of articles I and II of this Convention.

Dominican, Republic of

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, assented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities of Dominica;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Dominica.”

Egypt

At the time of signature, the Egyptian plenipotentiary made the reservation provided by article IV, paragraph 2.

Confirmation of the reservation was made at the time of signature.

Fiji

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

“The Government of Fiji reserves the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship is flying has as respect that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in Fiji.

The Government of Fiji reserves the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of Fiji.”

France

[IML Translation] “In the name of the Government of the French Republic, I make the reservation provided for in article IV, paragraph 2 of the International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in matters of Collisions or other Incidents of Navigation.”

(s) H. Philippe Monod.

Germany, Federal Republic of

(including Land Berlin)

[IML Translation] “With the reservation provided in article IV, section 2.”

Grenada

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of Grenada;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Grenada.”

Guyana

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of Guyana;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Guyana.”

Italy

The Government of the Republic of Italy makes reference to article IV, paragraph 2, and reserves the right to pursue infringements committed in her own territorial waters.

Khmer Republic

[IML Translation] “The Government of the Khmer Republic, in accordance with article IV of the said Convention, reserves the right to pursue infringements committed in her own territorial waters.”

Kiribati

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of Kiribati;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Kiribati.”

Mauritius

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of Mauritius;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Mauritius.”

Netherlands

[IML Translation] “In conformity with article IV of this Convention, the Government of the Kingdom of the Netherlands reserves the right to pursue infringements committed in its own territorial waters.”

Ratification applies to the Kingdom of Europe and the Dutch Antilles.

The Netherlands gave notification of the international act in question by note-verbale received on the 3 January 1986, which has effect from 1 January 1986, as concerns the Kingdom of the Netherlands, the Dutch Antilles (excluding Aruba) and Aruba.

Nigeria

“The Government of the Federal Republic of Nigeria reserve the right not to implement the provisions of Article I of the Convention in any case where that Government has an agreement with any other State that is applicable to a particular collision or other incident of navigation and if such agreement is inconsistent with the provisions of the said Article I.

The Government of the Federal Republic of Nigeria reserves the right, in accordance with Article IV of the Convention to take proceedings in respect of offences committed within the territorial waters of the Federal Republic of Nigeria.”

Northern Borneo

The Government of North Borneo reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in North Borneo.

The Government of North Borneo reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of North Borneo.

Portugal

[IML Translation] “In the name of the Portuguese Government, I make the reservation provided in article IV, paragraph 2 of this Convention.”

(s) Edouardo Vieira Leitao.

St. Christopher-Nevis

(a) “The Government of St. Christopher-Nevis reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, assented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in St. Christopher-Nevis.

(b) The Government of St. Christopher-Nevis reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of St. Christopher-Nevis.”

Saint Lucia

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of St. Lucia;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of St. Lucia.”

St. Vincent & the Grenadines

“(a) The Government of St. Vincent-and-Grenadines reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, assented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in St. Vincent-and-Grenadines.

(b) the Government of St. Vincent-and-Grenadines reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of St. Vincent-and-Grenadines.”

Sarawak

“The Government of Sarawak reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before the judicial or administrative authorities in Sarawak.”

“The Government of Sarawak reserve the right under Article IV of the Convention to take proceedings in respect of offences committed within the territorial waters of Sarawak.”

Seychelles

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of the Seychelles Islands.

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of the Seychelles Islands.”

Solomon Islands

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of the Solomon Islands.

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of the Solomon Islands.”

Spain

[IML Translation] “The Spanish delegation, in accordance with article IV of the Convention on Penal Jurisdiction in Matters of Collisions or Other Incidents of Navigation, reserves the right in the name of its Government, to pursue infringements committed in its own territorial waters.”

(s) Marquis de Merry del Val.

Confirmation of the reservation was made at the time of signature.

Tonga

Reservations:

“(1) The Government of Tonga reserves the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in Tonga.

(2) The Government of Tonga reserves the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Tonga.”

Tuvalu

“…subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before the judicial or administrative authorities of Tuvalu;

(b) the right under Article IV of the said Convention to take proceedings in respect of offences committed within territorial waters of Tuvalu.”

United Kingdom

“1.—Her Majesty’s Government in the United Kingdom reserves the right not to apply the provisions of Article I of this Convention in any case where there exists between Her Majesty’s Government and the Government of any other State an agreement which is applicable to a particular collision or other incident of navigation and is inconsistent with that Article.

2.—Her Majesty’s Government in the United Kingdom reserves the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of the United Kingdom.”

(s) G. St. Cl. Pilcher (s) C.P. Scot-Malden (s) A.H. Kent.

“…subject to the following reservations:

(1) The Government of the United Kingdom of Great Britain and Northern Ireland reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities of the United Kingdom.

(2) In accordance with the provisions of Article IV of the said Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserve the right to take proceedings in respect of offences committed within the territorial waters of the United Kingdom.

(3) 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 IV of the said Convention…”

(s) Selwyn Lloyd.

Anguilla

(a) “The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs assented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in the Cayman Islands, Montserrat, Anguilla and St. Helena.

(b) The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of the Cayman Islands, Montserrat, Anguilla and St. Helena.”

Bermuda

“The Government of Bermuda reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of disciplinary proceedings before judicial or administrative authorities in Bermuda.

The Government of Bermuda reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of Bermuda.”

British Virgin Islands

“The Government of the British Virgin Islands reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in the British Virgin Islands.

The Government of the British Virgin Islands reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of the British Virgin Islands.”

Cayman Islands

(a) “The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs assented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in the Cayman Islands, Montserrat, Anguilla and St. Helena.

(b) The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of the Cayman Islands, Montserrat, Anguilla and St. Helena.”

Falkland Islands & Dependencies

“…subject to the following reservations:

(a) The Falkland Islands and its Dependencies reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship is flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities in their respective territories;

(b) The Falkland Islands and its Dependencies reserve the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of the Falkland Islands and its Dependencies.”

Gibraltar

“The Governments of Gibraltar and Hong-Kong reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in Gibraltar and Hong-Kong.”

The Governments of Gibraltar and Hong-Kong reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of Gibraltar and Hong-Kong.

Guernsey

“…subject to the following reservations:

(a) The Guernsey authorities reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship is flying has, in respect that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities in their respective territories;

(b) The Guernsey authorities reserve the right under Article IV of the said Convention to take proceedings in respect of offences committed within the territorial waters of Guernsey.”

Hong Kong

“The Governments of Gibraltar and Hong Kong reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in Gibraltar and Hong Kong.”

The Governments of Gibraltar and Hong Kong reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of Gibraltar and Hong Kong.

Isle of Man

(i) “In accordance with the provisions of Article 4 of the said Convention and reservation 3 made by the Government of the United Kingdom of Great Britain and Northern Ireland at the time of ratification of the said Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserve the right for the Isle of Man to take proceedings in respect of offences committed within the territorial waters of the Isle of Man.

(ii) The Government of the United Kingdom of Great Britain and Northern Ireland reserve the right not to observe the provisions of Article I of the said Convention in respect of its application to the Isle of Man in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs consented to the institution of criminal or disciplinary proceedings before the judicial or administrative authorities of the Isle of Man.”

Montserrat

(a) “The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs assented to the institu- tion of criminal or disciplinary proceedings before judicial or administrative authorities in the Cayman Islands, Montserrat, Anguilla and St. Helena.

(b) The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of the Cayman Islands, Montserrat, Anguilla and St. Helena.”

Saint-Helena

(a) “The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has as respects that ship or any class of ship to which that ship belongs assented to the institution of criminal or disciplinary proceedings before judicial or administrative authorities in the Cayman Islands, Montserrat, Anguilla and St. Helena.

(b) The Governments of the Cayman Islands, Montserrat, Anguilla and St. Helena reserve the right under Article IV of this Convention to take proceedings in respect of offences committed within the territorial waters of the Cayman Islands, Montserrat, Anguilla and St. Helena.”

Turks & Caicos Islands

“ . . . subject to the following reservations:

(a) the right not to observe the provisions of Article I of the said Convention in the case of any ship if the State whose flag the ship was flying has, as respects that ship or any class of ship to which that ship belongs, consented to the institution of criminal and disciplinary proceedings before judicial or administrative authorities of the Turks and Caicos Islands;

(b) the right under Article IV to the said Convention to take proceedings in respect of offences committed within the territorial waters of the Turks and Caicos Islands.”

Vietnam

[IML Translation] “As provided in article IV of the same Convention, the Government of Vietnam reserves the right to pursue infringements committed in her own territorial waters.”

Yugoslavia

[IML Translation] “With the reservation provided in article IV of this Convention.”

(s.) P. Nikolic.

“In conformity with article IV of the said Convention, the Yugoslavian Government reserves the right to pursue infringements committed in her own territorial waters.”

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more

Unable to display the content
Unable to display the content
Unable to display the content
Unable to display the content