International Convention on Civil Liability for Oil Pollution Damage 3

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International Convention on Civil Liability for Oil Pollution Damage

 

ARTICLE X

1. Any judgment given by a court with jurisdiction in accordance
with Article IX which is enforceable in the state of origin where it is
no longer subject to ordinary forms of review, shall be recognized in
any Contracting State, except:
(a) where the judgment was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a
fair opportunity to present his case.

2. A judgment recognized under paragraph 1 of this article shall be en-
forceable in each Contracting State as soon as the formalities required in
that state have been complied with. The formalities shall not permit the
merits of the case to be re-opened.

ARTICLE XI

1. The provisions of this Convention shall not apply to warships or other
ships owned or operated by a state and used, for the time being, only on
government noncommercial service.
2. With respect to ships owned by a Contracting State and used for
commercial purposes, each state shall be subject to suit in the
jurisdictions set forth in Article IX and shall waive all defences based
on its status as a sovereign state.

ARTICLE XII

This Convention shall supersede any international conventions in force
or open for signature, ratification or accession at the date on which the
Convention is opened for signature, but only to the extent that such con-
ventions would be in conflict with it; however, nothing in this article shall
affect the obligations of Contracting States to non-Contracting States arising
under such international conventions.

ARTICLE XIII

1. The present Convention shall remain open for signature until 31
December 1970 and shall thereafter remain open for accession.
States Members of the United Nations or any of the Specialized
agencies or of the International Atomic Energy Agency or parties to the
Itute of the International Court of Justice may become parties to this
Convention by:
(a) signature without reservation as to ratification, acceptance or ap-
proval;
(b) signature subject to ratification, acceptance or approval followed
by ratification, acceptance or approval; or
(e) accession.

ARTICE XIV
1. Ratification, acceptance, approval or accession shall be effected
by the
deposit of a formal instrument to that effect with the Secretary-General of
the Organization.
2. Any instrument of ratification, acceptance, approval or accession de-
posited after the entry into force of an amendment to the present Conven-
tion with respect to all existing Contracting States, or after the completion
of all measures required for the entry into force of the amendment with
respect to those Contracting States shall be deemed to apply to the Con-
vention as modified by the amendment.

ARTICLE XV

1. The present Convention shall enter into force on the ninetieth day
following the date on which governments of eight states including five
states each with not less than 1,000,000 gross tons of tanker tonnage have
either signed it without reservation as to ratification, acceptance or approval
or have deposited instruments of ratification, acceptance, approval or access
with the Secretary-General of the Organization.
2. For each state which subsequently ratifies, accepts, approves or
accedes to it the present Convention shall come into force on the ninetieth
day after deposit by such state of the appropriate instrument.

ARTICLE XVI

1. The present Convention may be denounced by any Contracting State
at any time after the date on which the Convention comes into force for
that state.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer period as
may be specified in the instrument of denunciation, after its deposit with
Secretary-General of the Organization.

ARTICLE XVII

1. The United Nations, where it is the administering authority for a
territory, or any Contracting State responsible for the international relations
of a territory, shall as soon as possible consult with the appropriate authorities
of such territory or take such other measures as may be appropriate,in
order to extend the present Convention to that territory and may at any time
by notification in writing to the Secretary-General of the Organization,
declare that the present Convention shall extend to such territory.
2. The present Convention shall, from the date of receipt of the
notificaction or from such other date as may be specified in the notification,
extend to the territory named therein.
3. The United Nations, or any Contracting State which has made a dec-
laration under paragraph I of this article may at any time after the date on
which the Convention has been so extended to any territory declare by
notification in writing to the Secretary-General of the Organization that
the present Convention shall cease to extend to any such territory named
in the notification.
4. The present Convention shall cease to extend to any territory men-
tioned in such notification one year, or such longer period as may be
specified therein, after the date of receipt of the notification by the
Secretary-General of the Organization.

ARTICLE XVIII

1. A Conference for the purpose of revising or amending the present
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the Contracting States
for revising or amending the present Convention at the request of not less
than one-third of the Contracting States.

ARTICLE XIX

1. The present Convention shall be deposited with the Secretary-General
of the Organization.
2. The Secretary-General of the Organization shall:
(a) inform all states which have signed or acceded to the Convention of
(i) each new signature or deposit of instrument together with the
date thereof;
(ii) the deposit of any instrument of denunciation of this Convention
together with the date of the deposit;
(iii) the extension of the present Convention to any territory under
paragraph I of Article XVII and of the termination of any such ex-
tension under the provisions of paragraph 4 of that article stating in
each case the date on which the present Convention has been or will
cease to be so extended;
(b) transmit certified true copies of the present Convention to all Signa-
tory States and to all states which accede to the present Convention.

ARTICLE XX

As soon as the present Convention comes into force, the text shall be
transmitted by the Secretary-General of the Organization to the Secretariat
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the Unite Nations.

ARTICLE XXI

The present Convention is establisbed in a single copy in the English and
French languages, both texts being equally authentic. Official translations
in the Russian and Spanish languages shall be prepared and deposited with
the signed original.

IN WITNESS WHEREOF the undersigned being duly authorized by their
respective governments for that purpose have signed the present Con-
vention.

DONE at Brussels this twenty-ninth day of November 1969.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Court of Justice.

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