IMO I1013E-1984 CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION.pdf

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1、 CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION INTERNATIONAL MARITIME ORGANIZATION London, 1984 First published in 1984 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Printed by the International Maritime Organization, London 681097 ISBN 92-801-1 166-3 Copyrig

2、ht Q IMO 1984 CONTENTS Page Part I . Purposes of the Organization Article 1 7 Part II . Functions Article 2 8 Article 3 8 Part III . Membership Article 4 9 Article 5 9 Article 6 9 Article 7 9 Article 8 9 Article 9 10 Article 10 . 10 Part IV . Organs Article 11 . 10 Part V . The Assembly Article 12 .

3、 10 Article 13 . 11 Article 14 . 11 Article 15 . 11 Part VI . The Council Article 16 . 12 Article 17 . 12 Article 18 . 13 Article 19 . 13 Article 20 . 13 Article 21 . 3 Article 22 . 14 Article 23 . 14 Article 24 . 14 Article 25 . 14 Article 26 . 15 3 Page Part VI1 . Maritime Safety Committee Article

4、 27 . 15 Article 28 15 Article 29 . 16 Article 30 . 16 Article 31 . 16 Part VI11 . Legal Committee Article 32 . 16 Article 33 . 16 Article 34 . 17 Article 35 . 17 Article 36 . 17 Part IX . Marine Environment Protection Committee Article 37 . 18 Article 38 . 18 Article 39 . 18 Article 40 . 19 Article

5、 41 . 19 Part X . Technical Co-operation Committee Article 42 . 19 Article 43 . 19 Article 44 . 20 Article 45 . 20 Article 46 . 20 Part XI . The Secretariat Article 47 . 21 Article 48 . 21 Article 49 . 21 Article 50 . 21 Article 51 . 21 Article 52 . 22 Part XII . Finances Article 53 . 22 Article 54

6、. 22 Article 55 . 22 Article 56 . 22 Part XII1 . Voting Article 57 . 23 4 Page Part XIV . Headquarters of . the Organization Article 58 . 23 Part XV . Relationship with the United Nations and other Organizations Article 59 . 24 Article 60 . 24 Article 61 . 25 Article 62 . 25 Article 63 . 25 Part XVI

7、 . Legal Capacity. Privileges and Immunities Article 64 . 25 Article 65 . 26 Part XVII . Amendments Article 66 . 26 Article 67 . 26 Article 68 . 26 Part XVIII . Interpretation Article 69 . 21 Article 70 . 27 Part XIX . Miscellaneous Provisions Article 71 . Signature and Acceptance 27 Article 72 . Te

8、rritories 28 Article 73 . Withdrawal . 28 Part XX . Entry into Force Article 74 . 29 Article 75 . 29 Article 76 . 29 Article 77 . 30 APPENDIX I 31 APPENDIX II 32 5 Note The present text incorporates the original text of the Convention on the Inter-Governmental Maritime Consultative Organization adop

9、ted by the United Nations Maritime Conference in Geneva on 6 March 1948, as modified by amendments adopted by Assembly resolutions A.69(ES.II), A.70(IV), A.315(ES.V), A.358(IX), A.400(X) and A.450(XI). The amendments entered into force on the following dates: Date of entry into force 6 October 1967

10、3 November 1968 1 April 1978 22 May 1982 10 November 1984 10 November 1984 A.69(ES.II) of 15 September 1964 A.70(IV) of 28 September 1965 A.315(ES.V) of 17 October 1974 A.358(IX) of 14 November 1975 A.400(X) of 17 November 1977 A.450(XI) of 15 November 1979 as corrected by resolution A.371(X) of 9 N

11、ovember 1977. 28 July 1982 in respect of Article 66. 6 CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION The States parties to the present Convention hereby establish the Inter- national Maritime Organization (hereinafter referred to as “the Organization”). PART I Purposes of the Organization Ar

12、ticle 1 The purposes of the Organization are: (a) To provide machinery for co-operation among Goverments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoptio

13、n of the highest practicable standards in matters concerning maritime safety, efficiency of navigation and prevention and control of marine pollution from ships; and to deal with administrative and legal matters related to the purposes set out in this Article; (b) To encourage the removal of discrim

14、inatory action and unnecessary restrictions by Governments affecting shipping engaged in international trade so as to promote the availability of shipping services to the commerce of the world without discrimination; assistance and encouragement given by a Government for the development of its natio

15、nal shipping and for purposes of security does not in itself constitute discrimination, provided that such assistance and encouragement is not based on measures designed to restrict the freedom of shipping of all flags to take part in international trade; (c) To provide for the consideration by the

16、Organization of matters concerning unfair restrictive practices by shipping concerns in accordance with Part II; (6) To provide for the consideration by the Organization of any matters concerning shipping and the effect of shipping on the marine environment that may be referred to it by any organ or

17、 specialized agency of the United Nations; (e) To provide for the exchange of information among Governments on matters under consideration by the Organization. See note opposite. 7 PART II Functions Article 2 In order to achieve the purposes set out in Part I, the Organization shall: (a) Subject to

18、the provisions of Article 3, consider and make recommenda- tions upon matters arising under Article i), (b) and (c) that may be remitted to it by Members, by any organ or specialized agency of the United Nations or by any other intergovernmental organization or upon matters referred to it under Arti

19、cle l(d); (b) Provide for the drafting of conventions, agreements, or other suitable instruments, and recommend these to Governments and to intergovernmental organizations, and convene such conferences as may be necessary; (c) Provide machinery for consultation among Members and the exchange of info

20、rmation among Governments; (d) Perform functions arising in connexion with paragraphs (a), (b) and (c) of this Article, in particular those assigned to it by or under international instruments relating to maritime matters and the effect of shipping on the marine environment; (e) Facilitate as necess

21、ary, and in accordance with Part X, technical co- operation within the scope of the Organization. Article 3 In those matters which appear to the Organization capable of settlement through the normal processes of international shipping business the Organiza- tion shall so recommend. When, in the opin

22、ion of the Organization, any matter concerning unfair restrictive practices by shipping concerns is incapable of settle- ment through the normal processes of international shipping business, or has in fact so proved, and provided it shall first have been the subject of direct negotiations between th

23、e Members concerned, the Organization shall, at the request of one of those Members, cnsider the matter. 8 PART III Membership Article 4 Membership in the Organization shall be open to all States, subject to the provisions of Part III. Article 5 Members of the United Nations may become Members of th

24、e Organization by becoming parties to the Convention in accordance with the provisions of Article 71. Article 6 States not Members of the United Nations which have been invited to send representatives to the United Nations Maritime Conference convened in Geneva on 19 February 1948, may become Member

25、s by becoming parties to the Convention in accordance with the provisions of Article 71. Article 7 Any State not entitled to become a Member under Article 5 or 6 may apply through the Secretary-General of the Organization to become a Member and shall be admitted as a Member upon its becoming a party

26、 to the Convention in accordance with the provisions of Article 71 provided that, upon the recommendation of the Council, its application has been approved by two-thirds of the Members other than Associate Members. Article 8 Any Territory or group of Territories to which the Convention has been made

27、 applicable under Article 72, by the Member having responsibility for its international relations or by the United Nations, may become an Associate Member of the Organization by notification in writing given by such Member or by the United Nations, as the case may be, to the Secretary-General of the

28、 United Nations. 9 Article 9 An Associate Member shall have the rights and obligations of a Member under the Convention except that it shall not have the right to vote or be eligible for membership on the Council and subject to this the word “Member“ in the Convention shall be deemed to include Asso

29、ciate Member unless the context otherwise requires. Article 10 No State or Territory may become or remain a Member of the Organization contrary to a resolution of the General Assembly of the United Nations. PART IV Organs Article 11 The Organization shall consist of an Assembly, a Council, a Maritim

30、e Safety Committee, a Legal Committee, a Marine Environment Protection Committee, a Technical Co-operation Committee and such subsidiary organs as the Organization may at any time consider necessary; and a Secretariat. PART V The Assembly Article 12 The Assembly shall consist of all the Members. 10

31、Article 13 Regular sessions of the Assembly shall take place once every two years. Extraordinary sessions shall be convened after a notice of sixty days whenever one-third of the Members give notice to the Secretary-General that they desire a session to be arranged, or at any time if deemed necessar

32、y by the Council, after a notice of sixty days. Article 14 A majority of the Members other than Associate Members shall constitute a quorum for the meetings of the Assembly. Article 15 The functions of the Assembly shall be: (u) To elect at each regular session from among its Members, other than Ass

33、ociate Members, its President and two Vice-presidents who shall hold office until the next regular session; (b) To determine its own Rules of Procedure except as otherwise provided in the Convention; (c) To establish any temporary or, upon recommendation of the Council, permanent subsidiary bodies i

34、t may consider to be necessary; (d) To elect the Members to be represented on the Council as provided in Article 17; (e) To receive and consider the reports of the Council, and to decide upon any question referred to it by the Council; u To approve the work programme of the Organization; (g) To vote

35、 the budget and determine the financial arrangements of the Organization, in accordance with Part XII; (h) To review the expenditures and approve the accounts of the Organiza- tion; (i) To perform the functions of the Organization, provided that in matters relating to Article 2(a) and (b), the Assem

36、bly shall refer such matters to the Council for foTmulation by it of any recommendations or instruments thereon; 11 provided further that any recommendations or instruments submitted to the Assembly by the Council and not accepted by the Assembly shall be referred back to the Council for further con

37、sideration with such observations as the Assembly may make; 0 To recommend to Members for adoption regulations and guidelines concerning maritime safety, the prevention and control of marine pollution from ships and other matters concerning the effect of shipping on the marine environment assigned t

38、o the Organization by or under international instruments, or amendments to such regulations and guidelines which have been referred to it; (k) To take such action as it may deem appropriate to promote technical co-operation in accordance with Article 2(e), taking into account the special needs of de

39、veloping countries; (i) To take decisions in regard to convening any international conference or following any other appropriate procedure for the adoption of international conventions or of amendments to any international conventions which have been developed by the Maritime Safety Committee, the L

40、egai Committee, the Marine Environment Protection Committee, the Technical Co-operation Committee, or other organs of the Organization. (m) To refer to the Council for consideration or decision any matters within the scope of the Organization, except that the function of making recommendations under

41、 paragraph (JI of this Article shall not be delegated. PART VI The Council Article 16 The Council shall be composed of thirty-two Members elected by the Assembly. Article 17 In electing the Members of the Council, the Assembly shall observe the following criteria: (a) Eight shall be States with the

42、largest interest in providing international shipping services; 12 (b) Eight shall be other States with the largest interest in international seaborne trade; (c) Sixteen shall be States not elected under (u) or (b) above which have special interests in maritime transport or navigation, and whose elec

43、tion to the Council will ensure the representation of ail major geographic areas of the world. Article 18 Members represented on the Council in accordance with Article 16 shall hold office until the end of the next regular session of the Assembly. Members shall be eligible for re-election. Article 1

44、9 (u) The Council shall elect its Chairman and adopt its own Rules of Procedure except as otherwise provided in the Convention. (b) Twenty-one Members of the Council shall constitute a quorum. (c) The Council shall meet upon one months notice as often as may be necessary for the efficient discharge

45、of its duties upon the summons of its Chairman or upon request by not less than four of its Members. It shall meet at such places as may be convenient. Article 20 The Council shall invite any Member to participate, without vote, in its deliberations on any matter of particular concern to that Member

46、. Article 21 (u) The Council shall consider the draft work programme and budget esti- mates prepared by the Secretary-General in the light of the proposals of the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, the Technical Co-operation Committee and oth

47、er organs of the Organization and, taking these into account, shall establish and submit to the Assembly the work programme and budget of the Organization, having regard to the general interest and priorities of the Organization. 13 (b) The Council shall receive the reports, proposais and recommenda

48、tions of the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, the Technical Co-operation Committee and other organs of the Organization and shall transmit them to the Assembly and, when the Assembly is not in session, to the Members for information, togeth

49、er with the comments and recommendations of the Council. (c) Matters within the scope of Articles 28, 33, 38 and 43 shall be considered by the Council only after obtaining the views of the Maritime Safety Committee, the Legal Committee, the Marine Environment Protection Committee, or the Technical Co-operation Committee, as may be appropriate. Article 22 The Council, with the approval of the Assembly, shall appoint the Secretary-General. The Council shall also make provision for the appointment of such other personnel as may be necessary, and d