IMO IA436E-2003 Passengers and their Luggage (Second Edition).pdf
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1、Passengers and their Luggage 2003 Edition Passengers and their Luggage 2003 Edition Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 INTERNATIONAL MARITIME ORGANIZATION London, 2003 First published in 1975 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Emb
2、ankment, London SE1 7SR Second edition 2003 Printed by the International Maritime Organization, London 2 4 6 8 10 9 7 5 3 1 ISBN 92-801-4161-9 1 IMO PUBLICATION 1 I Sales number: IA436E I Copyright 0 IMO 2003 NOTE: The name ofthe Organization as it appears in this publication was changed to “Interna
3、tional Maritime Organization” by virtue ofamendments to the Organizations Convention which entered into force on 22 May 1982. All rights reserved. No pari ofthis publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magneti
4、c tape, mechanical, photocopying or otherwise, without prior permission in writingfrom the International Maritirne Organization. Foreword The Athens Convention relating to the Camage of Passengers and their Luggage by Sea, 1974 (the 1974 Athens Convention), was adopted at the International Legal Con
5、ference on the Carriage of Passengers and their Luggage on Board Ships convened in Greece from 2 to 13 December 1974 at the invitation of the Government of Greece. The 1974 Athens Convention entered into force on 28 April 1987 and, as at August 2003, 29 States have become Parties. Two Protocols to t
6、he Convention were subsequently adopted in 1976 and 1990, respectively. The 1976 Protocol entered into force on 30 April 1989. Its sole purpose was to introduce the Special Drawing Right as defined by the International Monetary Fund as the Unit ofAccount in place ofthe gold franc for the calculation
7、 of compensation. The 1990 Protocol raised the amounts of compensation established by the 1974 Convention and introduced the “tacit acceptance” procedure to be used to amend the limitation amounts. This protocol never came into force. Following extensive debate within IMOS Legal Committee aimed at u
8、pdating the text of the 1974 Athens Convention and bringing it into line with other IMO liability conventions, a Diplomatic Conference was convened at the Headquarters of the International Mantime Organization in London from 21 October to 1 November 2002 to consider an extensive revision of the 1974
9、 Convention. The Conference adopted the Protocol of 2002 to amend the Athens Convention relating to the Carnage of Passengers and their Luggage by Sea (the 2002 Protocol). In particular, the 2002 Protocol introduces the principles of strict liability and compulsory insurance. The 2002 Protocol requi
10、res that, as between the Parties thereto, the 1974 Athens Convention and the 2002 Protocol shall be read as one single instrument. It also (at article 9) effectively incorporates the text of the 1976 Protocol relating to introduction of the Special Drawing Kght. Prior to becoming Parties to the 2002
11、 Protocol, States are required to denounce the 1974 Convention as well as the 1976 and 1990 Protocols, in cases where they have ratified, or acceded to one or both of them. This denunciation should come into effect as from the time the 2002 Protocol enters into force. The 2002 Protocol is also the f
12、irst IMO treaty instrument to introduce (at article 19) a provision allowing a Regional Economic Integration Organization, which is constituted by sovereign States that have transferred competence to it over certain matters governed by the Protocol, to become a Party in its own right. . 111 This pub
13、lication contains the Final Act of the International Legal Conference on the Carriage of Passengers and their Luggage on Board Ships, 1974, the text of the Athens Convention 1974, resolutions 1 and 2, and Understanding of the Conference in Relation to the Participation in the Convention and the Perf
14、ormance of Depositary Functions in relation thereto by the Secretary-General of the Inter-Governmental Mantime Consultative Organization (IMCO). It also contains the Final Act of the International Conference on the Revision of the Athens Convention and the text of the 2002 Protocol. The 1976 Protoco
15、l has not been included. Pursuant to article 20, the 2002 Protocol shall enter into force twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or a
16、ccession with the Secretary-General. This Protocol was opened for signature at the Headquarters of the Organization on 1 May 2003 and wd remain open for signature until 30 April 2004. As at August 2003, no State has yet signed the Convention. iv Contents Final Act of the International Legal Conferen
17、ce on the Carriage of Passengers and their Luggage on Board Ships, 1974 . Attachment 1 - Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 Attachment 2 - Resolutions 1 and 2 Attachment 3 - Understanding of the Conference in Relation to Participation in the Conve
18、ntion and the Performance of Depositary Functions in Relation thereto by the Secretary-General of the Inter-Governmental Maritime Consultative Organization (IMCO) . Final Act of the International Conference on the Revision of the Athens Convention relating to the Carriage of Passengers and their Lug
19、gage Attachment to thc Final Act Resolution 1 - Resolution on regional economic Resolution 2 - Resolution on certificates of insurance by Sea, 1974 integration organizations or other financial security and ships flying the flag of State under the terms of a bareboat charter registration . Resolution
20、 3 - Resolution on framework of good practice with respect to carriers liabilities . Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 1 5 17 19 23 27 29 30 31 V FINAL ACT OF THE INTERNATIONAL LEGAL CONFERENCE ON THE CARRIAGE OF PASSENGER
21、S AND THEIR LUGGAGE ON BOARD SHIPS, 1974 1 Pursuant to Resolution A.248(VII) of 15 October 1971 adopted by the Assembly of the Inter-Governmental Maritime Consultative Organiz- ation, the Council of the Organization decided, at its thirty-second session in June 1974, to convene a diplomatic conferen
22、ce to consider the adoption of a convention on the carriage of passengers and their luggage on board ships. 2 Upon the invitation of the Government of Greece, the Conference was held in Athens from 2 to 13 December 1974. The following States were represented by delegations at the Conference: Algeria
23、 Argentina Australia Austria Belgium Canada Denmark Finland France Germany, Federal Republic of Greece India Indonesia Ir e 1 and Italy Liberia Japan Libyan Arab Republic Netherlands Nigeria Norway Poland Republic of Viet-Nam Spain Sweden Switzerland Thailand Ukrainian Soviet Socialist Union of Sovi
24、et Socialist United Kingdom of Great United States of America Yugoslavia Republic Republics Britain and Northern Ireland 3 Observers: The folowing States were represented at the Conference by Bulgaria Turkey Uruguay At the invitation of the Organization, the following organizations in United Nations
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