1974年海上旅客及其行李运输雅典公约的1976年议定书
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颁布日期:19761119  实施日期:19890430  颁布单位:伦敦

  THE PARTIES TO THE PRESENT PROTOCOL1

  BEING PARTIES to the Athens Convention Relating to the Carriage ofPassengers and their Luggage by Sea, done at Athens on December 13, 1974;

  HAVE AGREED as follows:Article I

  For the purpose of the present Protocol:

  1. “Convention” means the Athens Convention Relating to the Carriageof passengers and their Luggage by Sea, 1974.

  2. “Organization” has the same meaning as in the Convention.

  3. “Secretary-General” means the Secretary-General of theOrganization.Article II

  (1) Article 7, paragraph 1 of the Convention is replaced by thefollowing text:

  1. The liability of the carrier for the death of or personalinjury to a passenger shall in no case exceed 46,666 units of account percarriage. Where in accordance with the law of the court seized of the casedamages are awarded in the form of periodical income payments, theequivalent capital value of those payments shall not exceed the saidlimit.

  (2) Article 8 of the Convention is replaced by the following text:

  1. The liability of the carrier for the loss of or damage to cabinluggage shall in no case exceed 833 units of account per passenger, percarriage.

  2. The liability of the carrier for the loss of or damage tovehicles including all luggage carried in or on the vehicle shall in nocase exceed 3,333 units of account per vehicle, per carriage.

  3. The liability of the carrier for the loss of or damage toluggage other than that mentioned in paragraphs 1 and 2 of this Articleshall in no case exceed 1,200 units of account per passenger, percarriage.

  4. The carrier and the passenger may agree that the liability ofthe carrier shall be subject to a deductible not exceeding 117 units ofaccount in the case of damage to a vehicle and not exceeding 13 units ofaccount per passenger in the case of loss of or damage to other luggage,such sum to be deducted2 from the loss or damage.

  (3) Article 9 of the Convention and its title are replaced by thefollowing: UNIT OF ACCOUNT OR MONETARY3 UNIT AND CONVERSION4

  1. The Unit of Account mentioned in this Convention is the SpecialDrawing Right as defined by the International Monetary Fund. The amountsmentioned in Articles 7 and 8 shall be converted into the nationalcurrency of the State of the Court seized of the case on the basis of thevalue of that currency on the date of the judgment5 or the date agreed uponby the Parties. The value of the national currency, in terms of theSpecial Drawing Right, of a State which is a member of the InternationalMonetary Fund, shall be calculated in accordance with the method ofvaluation applied6 by the International Monetary Fund in effect at the datein question for its operations and transaction. The value of the nationalcurrency, in terms of the Special Drawing Right, of a State which is not amember of the International Monetary Fund, shall be calculated in amanner determined7 by that State.

  2. Nevertheless, a State which is not a member of the InternationalMonetary Fund and whose law does not permit the application of theprovisions of paragraph 1 of this Article may, at the time ofratification or accession or at any time thereafter, declare that thelimits of liability provided for in this Convention to be applied in itsterritory shall be fixed9 as follows:

  (a) in respect of Article 7, paragraph 1, 700,000 monetary units;

  (b) in respect of Article 8, paragraph 1, 12,500 monetary units;

  (c) in respect of Article 8, paragraph 2, 50,000 monetary units;

  (d) in respect of Article 8, paragraph 3, 18,000 monetary units;

  (e) in respect of Article 8, paragraph 4, the deductible shall notexceed 1, 750 monetary units in the case of damage to a vehicle and shallnot exceed 200 monetary units per passenger in the case of loss of ordamage to other luggage.

  The monetary unit referred to in this paragraph corresponds tosixty-five and a half milligrams of gold of millesimal fineness ninehundred. The conversion of the amounts specified10 in this paragraph intothe national currency shall be made according to the law of the Stateconcerned.

  3. The calculation mentioned in the last sentence of paragraph 1 andthe conversion mentioned in paragraph 2 shall be made in such a manner asto express in the national currency of the State as far as possible thesame real value for the amounts in Articles 7 and 8 as is expressed therein units of account. States shall communicate to the depositary the mannerof calculation pursuant to paragraph 1 or the result of the conversion inparagraph 2 as the case may be, when depositing an instrument referred toin Article III and whenever there is a change in either.Article III

  Signature, Ratification8 and Accession

  1. The present Protocol shall be open for signature by any State whichhas signed the Convention or acceded11 thereto and by any State invited toattend the Conference to Revise the Unit of Account Provisions in theAthens Convention Relating to the Carriage of Passengers and their Luggageby Sea, 1974, held in London from November 17 to 19, 1976. This Protocolshall be open for signature from February 1, 1977 to December 31, 1977 atthe Headquarters of the Organization.

  2. Subject to paragraph 4 of this Article, the present Protocol shallbe subject to ratification, acceptance or approval by the States whichhave signed it.

  3. Subject to paragraph 4 of this Article, this Protocol shall be openfor accession by States which did not sign it.

  4. The present Protocol may be ratified12, accepted, approved or accededto by States Parties to the Convention.

  5. Ratification, acceptance, approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General.

  6. Any instrument of ratification, acceptance, approval or accessiondeposited after the entry into force of an amendment13 to the presentProtocol with respect to all existing Parties or after the completion ofall measures required for the entry into force of the amendment withrespect to all existing Parties shall be deemed to apply to the Protocolas modified by the amendment.Article IV

  Entry into Force

  1. The present Protocol shall enter into force for the States whichhave ratified, accepted, approved or acceded to it on the ninetieth dayfollowing the date on which ten States have either signed it withoutreservation as to ratification, acceptance or approval or have depositedthe requisite14 instruments of ratification, acceptance, approval oraccession.

  2. However, the present Protocol shall not enter into force before theConvention has entered into force.

  3. For any State which subsequently signs this Protocol withoutreservation as to ratification, acceptance or approval, or deposits itsinstruments of ratification, acceptance, approval or accession, thepresent Protocol shall come into force on the ninetieth day after the dateof such signature or deposit.Article V

  Denunciation

  1. The present Protocol may be denounced by a Party at any time afterthe date on which the Protocol enters into force for that Party.

  2. Denunciation shall be effected by the deposit of an instrument withthe Secretary General who shall inform all other Parties of the receipt ofthe instrument of denunciation and of the date of its deposit.

  3. A denunciation shall take effect one year after the deposit of aninstrument of denunciation, or after such longer period as may bespecified in the instrument.Article VI

  Revision and Amendment

  1. A Conference for the purpose of revising or amending15 the presentProtocol may be convened17 by the Organization.

  2. The Organization shall convene16 a Conference of the Parties to thepresent Protocol for revising or amending it at the request of not lessthan one-third of the Parties.Article VII

  Depositary

  1. The present Protocol shall be deposited with the Secretary-General.

  2. The Secretary-General shall:

  (a) inform all States which have signed or acceded to the presentProtocol of:

  (i) each new signature and each deposit of an instrumenttogether with the date thereof;

  (ii) the date of entry into force of the present Protocol;

  (iii) the deposit of any instrument of denunciation of presentProtocol together with the date on which the denunciation takes effect;

  (iv) any amendments18 to the present Protocol;

  (b) transmit certified19 true copies of the present Protocol to allStates which have signed the present Protocol or acceded thereto.

  3. Upon entry into force of the present Protocol, a certified truecopy thereof shall be transmitted by the Secretary-General to theSecretariat of the United Nations for registration20 and publication inaccordance with Article 102 of the Charter of the United Nations.Article VIII

  Languages

  The present Protocol is established in a single original in theEnglish and French languages, both texts being equally authentic21.Official translations in the Russian and Spanish languages shall beprepared by the Secretary-General and deposited with the signed original.

  DONE AT LONDON this nineteenth day of November one thousand ninehundred and seventy-six.

  IN WITNESS WHEREOF the undersigned being duly authorized22 for thatpurpose have signed the present Protocol.

  ATTACHMENT23 TO THE FINAL ACT RESOLUTION

  The Conference to revise the unit of account provisions in the 1974Athens Convention relating to the Carriage of Passengers and their Luggageby Sea.

  Considering that a ??line in the value of money may affect, to aserious extent, the amounts established in the Convention.

  Recommends that the Participating Governments consider the problemwith a view to establishing a specific and efficient procedure for theexpeditious revision of such amounts in order to maintain their realvalue



点击收听单词发音收听单词发音  

1 protocol nRQxG     
n.议定书,草约,会谈记录,外交礼节
参考例句:
  • We must observe the correct protocol.我们必须遵守应有的礼仪。
  • The statesmen signed a protocol.那些政治家签了议定书。
2 deducted 0dc984071646e559dd56c3bd5451fd72     
v.扣除,减去( deduct的过去式和过去分词 )
参考例句:
  • The cost of your uniform will be deducted from your wages. 制服费将从你的工资中扣除。
  • The cost of the breakages will be deducted from your pay. 损坏东西的费用将从你的工资中扣除。 来自《简明英汉词典》
3 monetary pEkxb     
adj.货币的,钱的;通货的;金融的;财政的
参考例句:
  • The monetary system of some countries used to be based on gold.过去有些国家的货币制度是金本位制的。
  • Education in the wilderness is not a matter of monetary means.荒凉地区的教育不是钱财问题。
4 conversion UZPyI     
n.转化,转换,转变
参考例句:
  • He underwent quite a conversion.他彻底变了。
  • Waste conversion is a part of the production process.废物处理是生产过程的一个组成部分。
5 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
6 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
7 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
8 ratification fTUx0     
n.批准,认可
参考例句:
  • The treaty is awaiting ratification.条约正等待批准。
  • The treaty is subject to ratification.此条约经批准后才能生效。
9 fixed JsKzzj     
adj.固定的,不变的,准备好的;(计算机)固定的
参考例句:
  • Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗?
  • Once the aim is fixed,we should not change it arbitrarily.目标一旦确定,我们就不应该随意改变。
10 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
11 acceded c4280b02966b7694640620699b4832b0     
v.(正式)加入( accede的过去式和过去分词 );答应;(通过财产的添附而)增加;开始任职
参考例句:
  • He acceded to demands for his resignation. 他同意要他辞职的要求。
  • They have acceded to the treaty. 他们已经加入了那个条约。 来自《简明英汉词典》
12 ratified 307141b60a4e10c8e00fe98bc499667a     
v.批准,签认(合约等)( ratify的过去式和过去分词 )
参考例句:
  • The treaty was declared invalid because it had not been ratified. 条约没有得到批准,因此被宣布无效。
  • The treaty was ratified by all the member states. 这个条约得到了所有成员国的批准。
13 amendment Mx8zY     
n.改正,修正,改善,修正案
参考例句:
  • The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
  • The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。
14 requisite 2W0xu     
adj.需要的,必不可少的;n.必需品
参考例句:
  • He hasn't got the requisite qualifications for the job.他不具备这工作所需的资格。
  • Food and air are requisite for life.食物和空气是生命的必需品。
15 amending 3b6cbbbfac3f73caf84c14007b7a5bdc     
改良,修改,修订( amend的现在分词 ); 改良,修改,修订( amend的第三人称单数 )( amends的现在分词 )
参考例句:
  • Amending acts in 1933,1934, and 1935 attempted to help honest debtors rehabilitate themselves. 一九三三年,一九三四年和一九三五年通过的修正案是为了帮助诚实的债务人恢复自己的地位。
  • Two ways were used about the error-amending of contour curve. 采用两种方法对凸轮轮廓曲线进行了修正。
16 convene QpSzZ     
v.集合,召集,召唤,聚集,集合
参考例句:
  • The Diet will convene at 3p.m. tomorrow.国会将于明天下午三点钟开会。
  • Senior officials convened in October 1991 in London.1991年10月,高级官员在伦敦会齐。
17 convened fbc66e55ebdef2d409f2794046df6cf1     
召开( convene的过去式 ); 召集; (为正式会议而)聚集; 集合
参考例句:
  • The chairman convened the committee to put the issue to a vote. 主席召集委员们开会对这个问题进行表决。
  • The governor convened his troops to put down the revolt. 总督召集他的部队去镇压叛乱。
18 amendments 39576081718792f25ceae20f3bb99b43     
(法律、文件的)改动( amendment的名词复数 ); 修正案; 修改; (美国宪法的)修正案
参考例句:
  • The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
  • Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。
19 certified fw5zkU     
a.经证明合格的;具有证明文件的
参考例句:
  • Doctors certified him as insane. 医生证明他精神失常。
  • The planes were certified airworthy. 飞机被证明适于航行。
20 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
21 authentic ZuZzs     
a.真的,真正的;可靠的,可信的,有根据的
参考例句:
  • This is an authentic news report. We can depend on it. 这是篇可靠的新闻报道, 我们相信它。
  • Autumn is also the authentic season of renewal. 秋天才是真正的除旧布新的季节。
22 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
23 attachment POpy1     
n.附属物,附件;依恋;依附
参考例句:
  • She has a great attachment to her sister.她十分依恋她的姐姐。
  • She's on attachment to the Ministry of Defense.她现在隶属于国防部。
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