The Ratification of Maritime Conventions
Chapter I.5.270
CONVENTION ON THE LIABILITY OF OPERATORS OF TRANSPORT TERMINALS IN INTERNATIONAL TRADE, 1991
ADOPTED: Done at Vienna, 19 April 1991
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: Secretary-General, United Nations
SECRETARY: Secretary-General, United Nations
IMPLEMENTATION
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
Article XVIII
1. This Convention is open for signature at the concluding meeting of the United Nations Conference on the Liability of Operators of Transport Terminals in International Trade and will remain open for signature by all States at the Headquarters of the United Nations, New York, until 30 April 1992.
2. This Convention is subject to ratification, acceptance or approval by the signatory States.
3. This Convention is open to accession by all States which are not signatory States as from the date it is open for signature.
4. Instruments of ratification, acceptance, approval and accession are to be deposited with the Secretary-General of the United Nations.
ENTRY INTO FORCE
Article XXII
1. This Convention enters into force on the first day of the month following the expiration of one year from the date of deposit of the fifth instrument of ratification, acceptance, approval or accession.
2. For each State which becomes a Contracting State to this Convention after the date of deposit of the fifth instrument of ratification, acceptance, approval or accession, this Convention enters into force on the first day of the month following the expiration of one year after the date of deposit of the appropriate instrument on behalf of that State.
3. Each State Party shall apply the provisions of this Convention to transport-related services with respect to goods taken in charge by the operator on or after the date of entry into force of this Convention in respect of that State.
DENUNCIATION
Article XXIII
1. At the request of not less than one third of the States Parties to this Convention, the depositary shall convene a conference of the Contracting States for revising or amending it.
2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention is deemed to apply to the Convention as amended.
RESERVATIONS
Article XXI
No reservations may be made to this Convention.
AMENDMENTS
Article XXIII
1. At the request of not less than one third of the States Parties to this Convention, the depositary shall convene a conference of the Contracting States for revising or amending it.
2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention is deemed to apply to the Convention as amended.
Article XXIV
1. At the request of at least one quarter of the States Parties, the depositary shall convene a meeting of a Committee composed of a representative from each Contracting State to consider increasing or decreasing the amounts in article 6.
2. If this Convention enters into force more than five years after it was opened for signature, the depositary shall convene a meeting of the Committee within the first year after it enters into force.
3. The meeting of the Committee shall take place on the occasion and at the location of the next session of the United Nations Commission on International Trade Law.
4. In determining whether the limits should be amended, and if so, by what amount, the following criteria, determined on an international basis, and any other criteria considered to be relevant, shall be taken into consideration:
- (a) The amount by which the limits of liability in any transport-related convention have been amended;
- (b) The value of goods handled by operators;
- (c) The cost of transport-related services;
- (d) Insurance rates. including for cargo insurance, liability insurance for operators and insurance covering job-related injuries to workmen;
- (e) The average level of damages awarded against operators for loss of or damage to goods or delay in handing over goods; and
- (f) The costs of electricity, fuel and other utilities.
5. Amendments shall be adopted by the Committee by a two-thirds majority of its members present and voting.
6. No amendment of the limits of liability under this article may be considered less than five years from the date on which this Convention was opened for signature.
7. Any amendment adopted in accordance with paragraph 5 shall be notified by the depositary to all Contracting States. The amendment is deemed to have been accepted at the end of a period of 18 months after it has been notified, unless within that period not less than one third of the States that were States Parties at the time of the adoption of the amendment by the Committee have communicated to the depositary that they do not accept the amendment. An amendment deemed to have been accepted in accordance with this paragraph enters into force for all States Parties 18 months after its acceptance.
8. A State Party which has not accepted an amendment is nevertheless bound by it, unless such State denounces the present Convention at least one month before the amendment enters into force. Such denunciation takes effect when the amendment enters into force.
9. When an amendment has been adopted in accordance with paragraph 5 but the 18-month period for its acceptance has not yet expired, a State which becomes a State Party to this Convention during that period is bound by the amendment if it enters into force. A State which becomes a State Party after that period is bound by any amendment which has been accepted in accordance with paragraph 7.
10. The applicable limit of liability is that which, in accordance with the preceding paragraphs, is in effect on the date of the occurrence which caused the loss, damage or delay.