Wreck Removal Convention Bill (HL Bill 59)

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Party which issues the certificate required by paragraph 2 has notified the

Secretary-General that it maintains records in an electronic format,

accessible to all States Parties, attesting the existence of the certificate and

enabling States Parties to discharge their obligations under paragraph 12.

514. If insurance or other financial security is not maintained in respect of a

ship owned by a State Party, the provisions of this article relating thereto

shall not be applicable to such ship, but the ship shall carry a certificate

issued by the appropriate authority of the State of registry, stating that it is

owned by that State and that the ship’s liability is covered within the limits

10prescribed in paragraph 1. Such a certificate shall follow as closely as

possible the model prescribed by paragraph 2.

Rights to recover costs under this Convention shall be extinguished unless

an action is brought hereunder within three years from the date when the

hazard has been determined in accordance with this Convention. However,

15in no case shall an action be brought after six years from the date of the

maritime casualty that resulted in the wreck. Where the maritime casualty

consists of a series of occurrences, the six-year period shall run from the date

of the first occurrence.

1. At the request of not less than one-third of States Parties, a conference shall

20be convened by the Organization for the purpose of revising or amending

this Convention.

2. Any consent to be bound by this Convention, expressed after the date of

entry into force of an amendment to this Convention, shall be deemed to

apply to this Convention, as amended.

251. Where a dispute arises between two or more States Parties regarding the

interpretation or application of this Convention, they shall seek to resolve

their dispute, in the first instance, through negotiation, enquiry, mediation,

conciliation, arbitration, judicial settlement, resort to regional agencies or

arrangements or other peaceful means of their choice.

302. If no settlement is possible within a reasonable period of time not

exceeding twelve months after one State Party has notified another that a

dispute exists between them, the provisions relating to the settlement of

disputes set out in Part XV of the United Nations Convention on the Law of

the Sea, 1982, shall apply mutatis mutandis, whether or not the States party

35to the dispute are also States Parties to the United Nations Convention on

the Law of the Sea, 1982.

3. Any procedure chosen by a State Party to this Convention and to the

United Nations Convention on the Law of the Sea, 1982, pursuant to Article

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287 of the latter, shall apply to the settlement of disputes under this article,

unless that State Party, when ratifying, accepting, approving or acceding to

this Convention, or at any time thereafter, chooses another procedure

pursuant to Article 287 for the purpose of the settlement of disputes arising

5out of this Convention.

4. A State Party to this Convention which is not a Party to the United Nations

Convention on the Law of the Sea, 1982, when ratifying, accepting,

approving or acceding to this Convention or at any time thereafter shall be

free to choose, by means of a written declaration, one or more of the means

10set out in Article 287, paragraph 1, of the United Nations Convention on the

Law of the Sea, 1982, for the purpose of settlement of disputes under this

Article. Article 287 shall apply to such a declaration, as well as to any dispute

to which such State is party, which is not covered by a declaration in force.

For the purpose of conciliation and arbitration, in accordance with Annexes

15V and VII of the United Nations Convention on the Law of the Sea, 1982,

such State shall be entitled to nominate conciliators and arbitrators to be

included in the lists referred to in Annex V, Article 2, and Annex VII, Article

2, for the settlement of disputes arising out of this Convention.

5. A declaration made under paragraphs 3 and 4 shall be deposited with the

20Secretary-General, who shall transmit copies thereof to the States Parties.

Nothing in this Convention shall prejudice the rights and obligations of any

State under the United Nations Convention on the Law of the Sea, 1982, and

under the customary international law of the sea.

This Convention shall be open for signature at the Headquarters of the

25Organization from 19 November 2007 until 18 November 2008 and shall

thereafter remain open for accession.

(a) States may express their consent to be bound by this Convention by:

(i) signature without reservation as to ratification, acceptance or

approval; or

(ii) 30signature subject to ratification, acceptance or approval,

followed by ratification, acceptance or approval; or

(iii) accession.

(b) Ratification, acceptance, approval or accession shall be effected by

the deposit of an instrument to that effect with the Secretary-General.

351. This Convention 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 accession with the Secretary-General.

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2. For any State which ratifies, accepts, approves or accedes to this

Convention after the conditions in paragraph 1 for entry into force have been

met, this Convention shall enter into force three months following the date

of deposit by such State of the appropriate instrument, but not before this

5Convention has entered into force in accordance with paragraph 1.

1. This Convention may be denounced by a State Party at any time after the

expiry of one year following the date on which this Convention comes into

force for that State.

2. Denunciation shall be effected by the deposit of an instrument to that

10effect with the Secretary-General.

3. A denunciation shall take effect one year, or such longer period as may be

specified in the instrument of denunciation, following its receipt by the

Secretary-General.

1. This Convention shall be deposited with the Secretary General.

152. The Secretary-General shall:

(a) inform all States which have signed or acceded to this Convention of:

(i) each new signature or deposit of an instrument of

ratification, acceptance, approval or accession, together with

the date thereof;

(ii) 20the date of entry into force of this Convention;

(iii) the deposit of any instrument of denunciation of this

Convention, together with the date of the deposit and the

date on which the denunciation takes effect; and

(iv) other declarations and notifications received pursuant to this

25Convention;

(b) transmit certified true copies of this Convention to all States that

have signed or acceded to this Convention.

3. As soon as this Convention enters into force, a certified true copy of the

text shall be transmitted by the Secretary-General to the Secretary-General

30of the United Nations, for registration and publication in accordance with

Article 102 of the Charter of the United Nations.

The Convention is established in a single original in the Arabic, Chinese,

English, French, Russian and Spanish languages, each text being equally

authentic.”