1967 Protocol

1967 Protocol in United States

1967 Protocol

The Contracting Parties,
Considering that it is desirable to amend the Convention for the
unification of certain rules of law relating to assistance and salvage
at sea, at Brussels on 23rd September 1910,
have agreed as follows:

ARTICLE 1

Article 14 of the Convention for the unification of certain rules of law
relating to assistance and salvage at sea, signed at Brussels on
23rd September 1910, shall be replaced by the following:
“The provisions of this Convention shall also apply to assistance or
salvage services rendered by or to a ship of war or any other ship owned,
operated or chartered by a State or public Authority.
A claim against a State for assistance or salvage services rendered to
a ship of war or other ship which is, either at the time of the event or
when the claim is brought, appropriated exclusively to public non
commercial service, shall be brought only before the Courts of such State.

Any high Contracting Party shall have the right to determine whether
and to what extent Article 11 shall apply to ships coming within the
terms of the second paragraph of this Article.”

ARTICLE 2

1. This Protocol shall be open for signature by the States which have
ratified the Convention or which have adhered thereto before the 27th May
1967, and by any State represented at the twelth session of the Diplomatic
conference on Maritime Law.

ARTICLE 3

1. This Protocol shall be ratified.
2. Ratification of this Protocol by any State which is not a Party to the
convention shall have the effect of accession to the Convention.
3. The instruments of ratification shall be deposited with the Belgian
Government.

ARTICLE 4
1. This Protocol shall come into force one month after the deposit Of
five instruments of ratification.
2. This Protocol shall come into force, in respect of each signatory State
which ratifies it after the deposit of the fifth instrument of ratification, one
month after the date of deposit of the instrument of ratification of that State.

ARTICLE 5
1. States, Members of the United Nations or Members of the specialized
agencies, not represented at the twelfth session of the Diplomatic Conference
on Maritime Law, may accede to this Protocol.
2. Accession to this Protocol shall have the effect of accession to the
Convention.
3. The instruments of accession shall be deposited with the Belgian
Government.
4. The Protocol shall come into force in respect of the acceding State
one month after the date of deposit of the instrument of accession of that
State, but not before the date of entry into force of the Protocol as
established
by Article 4 (1).

ARTICLE 6
1. Any Contracting State may denounce this Protocol by notification to
the Belgian Government.
2. This denunciation shall have the effect of denunciation of the
Convention.
3. The denunciation shall take effect one year after the date on which
the notification has been received by the Belgian Government.

ARTICLE 7
1. Any Contracting State may at the time of signature, ratification or
accession to this Convention or at any time thereafter declare by written
notification to the Belgian Government which among the territories under its
sovereignty or for whose international relations it is responsible,
to which the present Protocol applies. The Protocol shall one month after
the date of the receipt of such notification by the Belgian Government extend
to the territories named therein, but not before the date of the coming into
force of the Protocol in respect of such State.
2. This extension also shall apply to the Convention if the latter
yet applicable to those territories.
3. Any Contracting State which has made a declaration
paragraph 1 of this Article may at any time thereafter declare by notification
given to the Belgian Government that the Protocol shall cease to extend to
such territory. This denunciation shall take effect one year after the date
on which notification thereof has been received by the Belgian Government;
it also shall apply to the Convention.

ARTICLE 8

The Belgian Government shall notify the States represented at the twelfth
session of the Diplomatic Conference on Maritime Law, the acceding States
to this Protocol, and the States parties to the Convention, of the following:

1. The signatures, ratifications and accessions received in accordance
with Articles 2, 3 and 5.

2. The date on which the present Protocol will come into force in
accordance with Article 4.

3. The notifications with regard to the territorial application in
accordance with Article 7.

4. The denunciations received in accordance with Article 6.

In witness whereof the undersigned plenipotentiaries, duly authorised,
have signed this Protocol.

Done at Brussels, this 27th day of May 1967, in the French and English
languages, both texts being equally authentic, in a single copy, which shall
remain deposited in the archives of the Belgian Government,
which shall issue certified copies.


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