diff --git a/verdrag/verdrag-inzake-beperking-van-aansprakelijkheid-voor-maritieme-vorderingen-1976/BWBV0003239/README.md b/verdrag/verdrag-inzake-beperking-van-aansprakelijkheid-voor-maritieme-vorderingen-1976/BWBV0003239/README.md index b81ee754a9e..8adc0a93ef7 100644 --- a/verdrag/verdrag-inzake-beperking-van-aansprakelijkheid-voor-maritieme-vorderingen-1976/BWBV0003239/README.md +++ b/verdrag/verdrag-inzake-beperking-van-aansprakelijkheid-voor-maritieme-vorderingen-1976/BWBV0003239/README.md @@ -49,7 +49,7 @@ Subject to Articles 3 and 4 the following claims, whatever the basis of liabilit The rules of this Convention shall not apply to: -(a) claims for salvage or contribution in general average; +(a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the International Convention on Salvage 1989, as amended, or contribution in general average; (b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969 or of any amendment or Protocol thereto which is in force; (c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage; (d) claims against the shipowner of a nuclear ship for nuclear damage; @@ -69,25 +69,24 @@ Where a person entitled to limitation of liability under the rules of this Conve **1.** -The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows: +The limits of liability for claims other than those mentioned in article 7, arising on any distinct occasion, shall be calculated as follows: -(a) in respect of claims for loss of life or personal injury, +a) in respect of claims for loss of life or personal injury, -(i) 333,000 Units of Account for a ship with a tonnage not exng 500 tons, +(i) 2 million Units of Account for a ship with a tonnage not exceeding 2,000 tons, (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): -- for each ton from 501 to 3,000 tons, 500 Units of Account; -- for each ton from 3,001 to 30,000 tons, 333 Units of Account; -- for each ton from 30,001 to 70,000 tons, 250 Units of Account; and -- for each ton in excess of 70,000 tons, 167 Units of Account, -(b) in respect of any other claims, +- for each ton from 2,001 to 30,000 tons, 800 Units of Account; +- for each ton from 30,001 to 70,000 tons, 600 Units of Account; and +- for each ton in excess of 70,000 tons, 400 Units of Account, +b) in respect of any other claims, -(i) 167,000 Units of Account for a ship with a tonnage not exng 500 tons, -(ii) for a ship with a tonnage in excess thereof the following amount in addition to that mentioned in (i): +(i) 1 million Units of Account for a ship with a tonnage not exceeding 2,000 tons, +(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): -- for each ton from 501 to 30,000 tons, 167 Units of Account; -- for each ton from 30,001 to 70,000 tons, 125 Units of Account; and -- for each ton in excess of 70,000 tons, 83 Units of Account. +- for each ton from 2,001 to 30,000 tons, 400 Units of Account; +- for each ton from 30,001 to 70,000 tons, 300 Units of Account; and +- for each ton in excess of 70,000 tons, 200 Units of Account. **2.** Where the amount calculated in accordance with paragraph 1 (a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1 (b) shall be available for payment of the unpaid balance of claims under paragraph 1 (a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1 (b). @@ -99,7 +98,7 @@ The limits of liability for claims other than those mentioned in Article 7, aris ### Artikel 7 -**1.** In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 46,666 Units of Account multiplied by the number of passengers which the ship is authorized to carry according to the ship's certificate, but not exceeding 25 million Units of Account. +**1.** In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 175,000 Units of Account multiplied by the number of passengers which the ship is authorized to carry according to the ship's certificate. **2.** @@ -116,28 +115,25 @@ For the purpose of this Article “claims for loss of life or personal injury to Nevertheless, those States which are not members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 may, at the time of signature without reservation as to ratification, acceptance or approval or at the time of ratification, acceptance, approval or accession or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in their territories shall be fixed as follows: -(a) in respect of Article 6, paragraph 1 (a) at an amount of: +a) in respect of article 6, paragraph 1(a), at an amount of: -(i) 5 million monetary units for a ship with a tonnage not exceeding 500 tons; +(i) 30 million monetary units for a ship with a tonnage not exceeding 2,000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): -- for each ton from 501 to 3,000 tons, 7,500 monetary units; -- for each ton from 3,001 to 30,000 tons, 5,000 monetary units; -- for each ton from 30,001 to 70,000 tons, 3,750 monetary units; and -- for each ton in excess of 70,000 tons, 2,500 monetary units; and -(b) in respect of Article 6, paragraph l(b), at an amount of: +- for each ton from 2,001 to 30,000 tons, 12,000 monetary units; +- for each ton from 30,001 to 70,000 tons, 9,000 monetary units; and +- for each ton in excess of 70,000 tons, 6,000 monetary units; and +b) in respect of article 6, paragraph 1(b), at an amount of: -(i) 2.5 million monetary units for a ship with a tonnage not exceeding 500 tons; +(i) 15 million monetary units for a ship with a tonnage not exceeding 2,000 tons; (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): -- for each ton from 501 to 30,000 tons, 2,500 monetary units; -- for each ton from 30,001 to 70,000 tons, 1,850 monetary units; +- for each ton from 2,001 to 30,000 tons, 6,000 monetary units; +- for each ton from 30,001 to 70,000 tons, 4,500 monetary units; and +- for each ton in excess of 70,000 tons, 3,000 monetary units; and +c) in respect of article 7, paragraph 1, at an amount of 2,625,000 monetary units multiplied by the number of passengers which the ship is authorized to carry according to its certificate. -and -- for each ton in excess of 70,000 tons, 1,250 monetary units; and -(c) in respect of Article 7, paragraph 1, at an amount of 700,000 monetary units multiplied by the number of passengers which the ship is authorized to carry according to its certificate, but not exceeding 375 million monetary units. - -Paragraphs 2 and 3 of Article 6 apply correspondingly to sub-paragraphs (a) and (b) of this paragraph. +Paragraphs 2 and 3 of article 6 apply correspondingly to subparagraphs (a) and (b) of this paragraph. **3.** The monetary unit referred to in paragraph 2 corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the amounts referred to in paragraph 2 into the national currency shall be made according to the law of the State concerned. @@ -219,6 +215,8 @@ A State Party which makes use of the option provided for in this paragraph shall **3.** A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to claims arising in cases in which interests of persons who are nationals of other States Parties are in no way involved. +**3bis.** Notwithstanding the limit of liability prescribed in paragraph 1 of article 7, a State Party may regulate by specific provisions of national law the system of liability to be applied to claims for loss of life or personal injury to passengers of a ship, provided that the limit of liability is not lower than that prescribed in paragraph 1 of article 7. A State Party which makes use of the option provided for in this paragraph shall inform the Secretary-General of the limits of liability adopted or of the fact that there are none. + **4.** The Courts of a State Party shall not apply this Convention to ships constructed for, or adapted to, and engaged in, drilling: @@ -263,7 +261,14 @@ All States may become parties to this Convention by: ### Artikel 18 -**1.** Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude the application of Article 2 paragraph 1 (d) and (e). No other reservations shall be admissible to the substantive provisions of this Convention. +**1.** + +Any State may, at the time of signature, ratification, acceptance, approval or accession, or at any time thereafter, reserve the right: + +a) to exclude the application of article 2, paragraphs 1d) and e); +b) to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 or of any amendment or protocol thereto. + +No other reservations shall be admissible to the substantive provisions of this Convention. **2.** Reservation made at the time of signature are subject to confirmation upon ratification, acceptance or approval.