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国际水道测量组织公约

分类: 法律英语 
 

颁布日期:19670503  实施日期:19700922  颁布单位:摩纳哥

The Governments Parties to this Convention,

CONSIDERING that the International Hydrographic Bureau was establishedin June 1921 to contribute to making navigation easier and saferthroughout the world by improving nautical charts and documents;

DESIRING to pursue on an intergovernmental basis their cooperation inhyrography;

HAVE AGREED as follows:

ARTICLE I

There is hereby established an International HydrographicOrganization, hereinafter referred to as the Organization, the seat ofwhich shall be in Monaco.

ARTICLE II

The Organization shall have a consultative and purely technicalnature. It shall be the object of the Organization to bring about:

(a) The co-ordination of the activities of national hydrographicoffices;

(b) The greatest possible uniformity in nautical charts anddocuments;

(c) The adoption of reliable and efficient methods of carrying outand exploiting hydrographic surveys;

(d) The development of the sciences in the field of hydrographyand the techniques employed in descriptive oceanography.

ARTICLE III

The Members of the Organization are the Governments Parties to thisConvention.

ARTICLE IV

The Organization shall comprise:

The International Hydrographic Conference, hereinafter referred to asthe Conference;

The International Hydrographic Bureau, hereinafter referred to as theBureau, administrated by the Directing Committee.

ARTICLE V

The functions of the Conference shall be:

(a) To give general directives on the functioning and work of theOrganization;

(b) To elect the members of the Directing Committee and itsPresident;

(c) To examine the reports submitted to it by the Bureau;

(d) To make decisions in respect of all proposals of a technicalor administrative nature submitted by Member Governments or by the Bureau;

(e) To approve the budget by a majority of two thirds of theMember Governments represented at the Conference;

(f) To adopt, by a two thirds majority of the Member Governments,amendments to the General Regulations and Financial Regulations;

(g) To adopt, by the majority prescribed in the precedingparagraph, any particular regulations that may prove to be necessary,notably on the status of the directors and staff of the Bureau.

ARTICLE VI

1. The Conference shall be composed of representatives of the MemberGovernments. It shall meet in ordinary session every five years. Anextraordinary session of the Conference may be held at the request of aMember Government or of the Bureau, subject to approval by the majority ofthe Member Governments.

2. The Conference shall be convened by the Bureau on at least sixmonths' notice. A provisional agenda shall be submitted with the notice.

3. The Conference shall elect its President and Vice-President.

4. Each Member Government shall have one vote. However, for the votingon the questions referred to in Article V(b), each Government shall have anumber of votes determined by a scale established in relation to thetonnage of their fleets.

5. Conference decisions shall be taken by a simple majority of theMember Governments represented at the Conference, except where thisConvention provides otherwise. When voting for or against is evenlydivided, the President of the Conference shall be empowered to make adecision. In the case of resolutions to be inserted in the Repertory ofTechnical Resolutions, the majority shall in any event include theaffirmative votes of not less than one third of the Member Governments.

6. Between sessions of the Conference the Bureau may consult theMember Governments by correspondence on questions concerning the technicalfunctioning of the Organization. The voting procedure shall conform tothat provided for in paragraph 5 of this Article, the majority beingcalculated in this case on the basis of the total membership of theOrganization.

7. The Conference shall constitute its own Committees, including theFinance Committee referred to in Article VII.

ARTICLE VII

1. The supervision of the financial administration of the Organizationshall be exercised by a Finance Committee on which each Member Governmentmay be represented by one delegate.

2. The Committee shall meet during sessions of the Conference. It maymeet in extraordinary session.

ARTICLE VIII

For the fulfilment of the objects defined in Article II it shall bethe responsibility of the Bureau, in particular:

(a) To bring about a close and permanent association betweennational hydrographic offices;

(b) To study any matters relating to hydrography and the alliedsciences and techniques, and to collect the necessary papers;

(c) To further the exchange of nautical charts and documentsbetween hydrographic offices of Member Governments;

(d) To circulate the appropriate documents;

(e) To tender guidance and advice upon request, in particular tocountries engaged in setting-up or expanding their hydrographic service;

(f) To encourage co-ordination of hydrographic surveys withrelevant oceanographic activities;

(g) To extend and facilitate the application of oceanographicknowledge for the benefit of navigators;

(h) To cooperate with international organizations and scientificinstitutions which have related objectives.

ARTICLE IX

The Bureau shall be composed of the Directing Committee and thetechnical and administrative staff required by the Organization.

ARTICLE X

1. The Directing Committee shall administer the Bureau in accordancewith the provisions of this Convention and the Regulations and withdirectives given by the Conference.

2. The Directing Committee shall be composed of three members ofdifferent nationality, elected by the Conference, which shall furtherelect one of them to fill the office of President of the Committee. Theterm of office of the Directing Committee shall be five years. If a postof director falls vacant during the period between two Conferences, aby-election may be held by correspondence as provided for in the GeneralRegulations.

3. The President of the Directing Committee shall represent theOrganization.

ARTICLE XI

The functioning of the Organization shall be set forth in detail inthe General Regulations and Financial Regulations, which are annexed tothis Convention but do not form an integral part thereof.

ARTICLE XII

The official languages of the Organization shall be English andFrench.

ARTICLE XIII

The Organization shall have juridical personality. In the territory ofeach of its Members it shall enjoy, subject to agreement with the MemberGovernment concerned, such privileges and immunities as may be necessaryfor the exercise of its functions and the fulfilment of its object.

ARTICLE XIV

The expenses necessary for the functioning of the Organization shallbe met:

(a) From the ordinary annual contributions of Member Governmentsin accordance with a scale based on the tonnage of their fleets;

(b) From donations, bequests, subventions and other sources, withthe approval of the Finance Committee.

ARTICLE XV

Any Member Government which is two years in arrears in itscontributions shall be denied all rights and benefits conferred on MemberGovernments by the Convention and the Regulations until such time as theoutstanding contributions have been paid.

ARTICLE XVI

The budget of the Organization shall be drafted by the DirectingCommittee, studied by the Finance Committee and approved by theConference.


ARTICLE XVII

Any dispute concerning the interpretation or application of thisConvention which is not settled by negotiation or by the good offices ofthe Directing Committee shall, at the request of one of the parties to thedispute, be referred to an arbitrator designated by the President of theInternational Court of Justice.

ARTICLE XVIII

1. This Convention shall be open in Monaco on 3 May 1967, andsubsequently at the Legation of the Principality of Monaco in Paris from 1June until 31 December 1967, for signature by any Government whichparticipates in the work of the Bureau on 3 May 1967.

2. The Governments referred to in paragraph 1 above may become Partiesto the present Convention:

(a) By signature without reservation as to ratification orapproval, or

(b) By signature subject to ratification or approval and thesubsequent deposit of an instrument of ratification or approval.

3. Instruments of ratification or approval shall be handed to theLegation of the Principality of Monaco in Paris to be deposited in theArchives of the Government of the Principality of Monaco.

4. The Government of the Principality of Monaco shall inform theGovernments referred to in paragraph 1 above, and the President of theDirecting Committee, of each signature and of each deposit of aninstrument of ratification of approval.

ARTICLE XIX

1. This Convention shall enter into force three months after the dateon which twenty-eight Governments have become Parties in accordance withthe provisions of Article XVIII, paragraph 2.

2. The Government of the Principality of Monaco shall notify this dateto all signatory Governments and the President of the Directing Committee.

ARTICLE XX

After it has entered into force this Convention shall be open foraccession by the Government of any maritime state which applies to theGovernment of the Principality of Monaco specifying the tonnage of itsfleets, and whose admission is approved by two thirds of the MemberGovernments. Such approval shall be notified by the Government of thePrincipality of Monaco to the Government concerned. The Convention shallenter into force for that Government on the date on which it has depositedits instrument of accession with the Government of the Principality ofMonaco which shall inform the Member Governments and the President of theDirecting Committee.

ARTICLE XXI

1. Any Contracting Party may propose amendments to this Convention.

2. Proposals of amendment shall be considered by the Conference anddecided upon by a majority of two thirds of the Member Governmentsrepresented at the Conference. When a proposed amendment has been approvedby the Conference, the President of the Directing Committee shall requestthe Government of the Principality of Monaco to submit it to allContracting Parties.

3. The amendment shall enter into force for all Contracting Partiesthree months after notifications of approval by two thirds of theContracting Parties have been received by the Government of thePrincipality of Monaco. The latter shall inform the Contracting Partiesand the President of the Directing Committee of the fact, specifying thedate of entry into force of the amendment.

ARTICLE XXII

1. Upon expiration of a period of five years after its entry intoforce, this Convention may be denounced by any Contracting Party by givingat least one year's notice, in a notification addressed to the Governmentof the Principality of Monaco. The denunciation shall take effect upon 1January next following the expiration of the notice and shall involve theabandonment by the Government concerned of all rights and benefits ofmembership in the Organization.

2. The Government of the Principality of Monaco shall inform theContracting Parties and the President of the Directing Committee of anynotification of denunciation it receives.

ARTICLE XXIII

After the present Convention enters into force it shall be registeredby the Government of the Principality of Monaco with the Secretariat ofthe United Nations in accordance with Article 102 of its Charter.

IN WITNESS WHEREOF the undersigned, duly authorized thereto, havesigned this Convention.

[ Signature Omitted.]

DONE at Monaco on the third day of May nineteen hundred andsixty-seven, in a single copy in the English and French languages, eachtext being equally authentic, which shall be deposited in the Archives ofthe Government of the Principality of Monaco, which shall transmitcertified copies thereof to all signatories and acceding Governments andto the President of the Directing Committee.

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