Chủ Nhật, 13 tháng 7, 2014
CẨM NANG LUẬT HÀNG HẢI QUỐC TẾ ( SONG NGỮ ANH-VIỆT ) TS.ĐỖ HỮU VINH
Arbitration & Legal Procedure
Convention for the Recognition and Enforcement of Foreign Arbitral Awards (1958)
The Convention is codified at 9 U.S.C. 201-208. See also the UNCITRAL Model Law on International Commercial Arbitration (1985), the UNCITRAL Arbitration Rules and related arbitration materials at the UNCITRAL site.
The Inter-American Convention on International Commercial Arbitration (Panama City 1975)
Hague Convention of 1971 on the Recognition and Enforcement of Foreign Judgements in Civil and Commercial Matters
See also the Supplementary Protocol to the Convention.
Preliminary Draft Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters
The diplomatic Conference continues to work on this draft convention.
Hague Convention of 1970 on the Taking of Evidence Abroad in Civil and Commercial Matters
Hague Convention of 1965 on the service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
Vienna Convention on the Law of Treaties (1969)
Arrests Top
International Convention Relating to the Arrest of Sea-Going Ships (Brussels 1952)
International Convention on the Arrest of Ships (Geneva 1999)
Carriage of Goods & Passengers Top
The Hague Rules
The Visby Amendments
The Hague-Visby Rules concerning the carriage of goods by sea are the Hague Rules (International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (Brussels 1924)) as modified by the Visby Amendments (Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Brussels 1968)). See also the SDR Protocol (Brussels 1979) amending the Hague-Visby Rules.
The Hamburg Rules
The United Nations Convention on the Carriage of Goods by Sea (Hamburg 1968).
United Nations Convention on International Multimodal Transport of Goods (Geneva 1980)
Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva 1956) at Lex Mercatoria
United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980)
United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (Vienna 1991)
United Nations (UNCTAD) Minimum Standards for Shipping Agents (1988) at Lex Mercatoria
Convention on a Code of Conduct for Liner Conferences (Geneva 1974)
International Convention on Safe Containers (Geneva 1972)
See also the 1993 Amendments.
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (Brussels 1971)
CMI Rules for Electronic Bills of Lading at CMI
CMI Uniform Rules for Seawaybills at CMI
Inter-Club New York Produce Exchange Agreement (1996)
International Commercial Terms 1990 (INCOTERMS) at Lex Mercatoria
A summary of the International Chamber of Commerce's (ICC) recognized definitions of shipping document terms (FOB, CIF, FAS, etc.). See also the ICC's Uniform Customs and Practices for Documentary Credits (UCP 500).
Convention Relating to the Carriage of Passengers and their Luggage by Sea (Athens 1974)
See also the 1976 Protocol and the 1990 Protocol.
EC Convention on the Law Applicable to Contractual Obligations
(Rome 1980) at Lex Mercatoria
See also the Rome Convention web site.
Collision Top
Convention for the Unification of Certain Rules of Law with Respect to Collisions between Vessels (Brussels 1910)
Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) (London 1972)
See also the US Coast Guard's copy of the Inland and International Navigation Rules.
Convention on Facilitation of International Maritime Traffic (London 1965)
General Average Top
York Antwerp Rules (1994) at Lex Mercatoria
The latest version of the rules for adjusting General Average claims as prepared by the Comite Maritime International (CMI). The rules apply as the result of contract, rather than through national legislation.
Law of the Sea Top
United Nations Convention on the Law of the Sea (UNCLOS)
The UN Convention on the Law of the Sea (UNCLOS) was open for signature in December, 1982, and came into force on November 16, 1994. See also the site maintained by the UN Division for Ocean Affairs and the Law of the Sea, which includes ratification information and other related documents.
Liens & Mortgages Top
International Convention on Maritime Liens and Mortgages (1993)
International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages (Brussels 1967)
United Nations Convention on Conditions for Registration of Ships (Geneva 1986)
Convention relating to Registration of Rights in respect of Vessels under Construction (Brussels 1967)
Limitation of Liability Top
International Convention relating to the Limitation of Liability of Owners of Sea-Going Ships (Brussels 1957)
See also the 1979 Protocol Amending the Convention.
Convention on Limitation of Liability for Maritime Claims (London 1976)
See also the 1996 Protocol to Amend the Convention (London).
Pollution & Environment Top
International Convention on Civil Liability for Oil Pollution (Brussels 1969)
See also the 1976 Protocol and 1992 London Protocol.
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Brussels 1971)
See also the 1976 London Protocol and the 1992 London Protocol.
International Convention for the Prevention of Pollution from Ships (1973) (MARPOL) as amended by the Protocol of 1978 (London) at the Australian Treaties Library
See also the 1996 Amendments to the 1978 Protocol (London) and the 1997 Protocol.
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (Brussels 1987)
International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) (London 1972)
See also the 1996 Protocol and the London Convention web site.
International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) (London 1954)
See also the 1962 and the 1969 amendments.
International Convention on Oil Pollution Preparedness, Response and Co-Operation (London 1990)
International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea (London 1996)
See also the UNEP Basel Convention web site.
See also the Helsinki Commission web site.
Port State Control Top
International Safety Management (ISM) Code (1993)
See also the Guidelines on the Implementation of the International Safety Management (ISM) Code (1995) and the United States Coast Guard Port State Control (PSC) web site.
Mediterranean Memorandum of Understanding (MOU)
See the MOU text at the site.
Paris Memorandum of Understanding (MOU) at Paris MOU site
The 1982 Paris MOU consists of 18 participating maritime administrations and covers the waters of the European coastal States and the North Atlantic basin from North America to Europe. Its aim is to eliminate the operation of sub-standard ships through a system of Port State control. See also the Equasis site, which is an organization developed by the European Commission and the French Maritime Administration to collect existing safety-related information on ships from both public and private sources for posting on the Internet.
Tokyo MOU (1993) at Tokyo MOU site
Memorandum of Understanding on Port State Control in the Asia-Pacific Region.
Viña del Mar (1992) at Viña del Mar site
The Latin American Agreement on Port State Control of Vessels.
Safety at Sea Top
International Convention for the Safety of Life at Sea (SOLAS) (London 1974) at the Australian Treaties Library
See also the Protocol of 1978 and the Protocol of 1988 and the Amendments to the Annex (1995).
Amendments to the Annex of SOLAS, including the International Ship and Port Facility Security (ISPS)Code (London 2002)
International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) (London 1999)
International Convention on Load Lines (London 1966) at the Australian Treaties Library
See also the 1988 Protocol.
International Convention on Tonnage Measurement of Ships (London 1969)
International Convention on Maritime Search and Rescue (Hamburg 1979)
See also the 1998 Amendments.
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) (London 1978)
Seafarers Training, Certification and Watchkeeping Code (STCW) (1995) at the USCG Site
See also the U.S. Coast Guard's web site concerning the Code.
International Convention for the Safety of Fishing Vessels (Torremolinos 1977) at the Australian Treaties Library
Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome 1988)
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platform Located on the Continental Shelf (Rome 1988)
Salvage Top
Convention for the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea (Brussels 1910)
See also the 1967 Protocol.
International Convention on Salvage (London 1989)
Seafarers Top
ILO Convention Concerning Seafarers' Hours of Work and the Manning of Ships (1996)
ILO Convention Concerning the Repatriation of Seafarers (1987)
ILO Convention Concerning Health Protection and Medical Care for Seafarers (1987)
ILO Convention Concerning Seafarers' Welfare at Sea and in Port (1987)
ILO Convention Concerning Minimum Standards in Merchant Ships (1976)
See also the 1996 Protocol
International Labour Organization - ILOLEX
This is the conventions database of the ILO, which includes additional conventions concerning seafarers and information on treaty status and ratifications.
Treaty Ratifications & Status Top
IMO Conventions
IMO's site includes a directory of IMO sponsored maritime conventions - a helpful summary of the individual conventions and each related protocol or amendment. IMO also provides complete information on the status and ratification of each convention.
Comite Maritime International (CMI)
CMI provides ratification information on the UN, Brussels, IMO and Unidroit maritime conventions.
Environmental Treaties and Resource Indicators
Ratification information on marine environmental treaties is available here.
International Labour Organization (ILO) Treaty Ratifications
Information on the ratification and status of ILO treaties is available here.
InforMare
This online shipping publication maintains a chart showing the ratification status of certain conventions, including the Hague-Visby Rules, the Limitation Convention, CMR and the Warsaw Convention.
United Nations - Status of Multilateral Treaties
The United Nations provides the most comprehensive information on the status of treaties, but it is fee based.
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