REG 33 CFR PART NOTE-2011 Application of the 72 COLREGS to territories and possessions .pdf
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1、175 SUBCHAPTER DINTERNATIONAL NAVIGATION RULES Special NoteApplication of the 72 COLREGS to territories and possessions. a. Article III of the Convention on the International Regulations for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, October 20, 1972, as rectified by Proces-Verb
2、al of December 1, 1973, provides that a party may notify the Secretary-Gen-eral of the International Maritime Organiza-tion (IMO, formerly Inter-Governmental Maritime Consultative Organization or IMCO) that it extends the application of the Convention to territory for which it is re-sponsible for in
3、ternational relations. Since it is the intention of the United States that the 72 COLREGS apply to all U.S. territories and possessions to the same extent that the International Regulations for Preventing Collisions at Sea, 1960 (60 COLREGS) (16 USC 794, TIAS 5813) previously applied, the United Sta
4、tes has given notice to the Secretary- General that the provisions of the 1972 COLREGS are applicable on July 15, 1977, to the following territories and possessions for which the United States is responsible for international relations: Puerto Rico Guam The Canal Zone The Virgin Islands of the Unite
5、d States American Samoa Midway Island Wake Island Johnston Island Palmyra Island Kingman Reef Howland Island Baker Island Jarvis Island Navassa Island b. In accordance with Article III, other parties to the Convention have notified the Secretary-General that application of 72 COLREGS is extended. Th
6、ese parties with their territorial extensions are listed in Table 1. TABLE 1. TERRITORIAL EXTENSIONS OF OTHER PARTIES TO 72 COLREGS Party to convention Territories to which 72 COLREGS are extended United Kingdom Hong Kong. Because earlier formulations of the COLREGS were not elaborated as treaties,
7、they came into force by the almost simulta-neous enactment of domestic legislation by the majority of maritime nations. The COLREGS were judicially considered as being customary international law, that is to say international law based upon the con-sensus of maritime nations rather than upon an expr
8、ess instrument. Because 72 COLREGS was elaborated as a treaty, and under usual treaty practice only parties are bound, there may be a period of time after the 72 COLREGS come into force during which the ships of a nation not party to 72 COLREGS might not be considered as being bound to comply with t
9、he convention. While it is most likely that the 72 COLREGS will rapidly achieve the status of customary inter-national law, thereby obviating any concern on the part of the mariner as to whether a particular nation is a party, it does not nec-essarily follow that the courts in all nations will apply
10、 72 COLREGS to the vessels of a non-party nation. In the absence of changes in their domestic law there may be certain nations that will feel compelled to continue 60 COLREGS in force, despite the coming into force of 72 COLREGS. The following nations are Contracting Par-ties for which 72 COLREGS wi
11、ll apply upon the Conventions entry into force: Algeria Bahamas Belgium Brazil Bulgaria Canada Denmark Finland France German Democratic Republic Germany, Federal Republic Ghana Greece Hungary Iceland India Liberia Mexico Monaco Netherlands New Zealand Nigeria Norway Papua New Guinea Poland Romania S
12、outh Africa Spain Sweden Switzerland Syrian Arab Republic USSR United Kingdom United States Yugloslavia Zaire The following nations have accepted the 60 COLREGS but are not Contracting Parties to 72 COLREGS: Argentina Australia Austria Barbados Burma China Cuba Cyprus Czechoslovakia Ecuador Egypt Fi
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