Page images
PDF
EPUB

MISCELLANEOUS

CLAIMS

AGREEMENT WITH SWEDEN FOR THE ARBITRATION OF CERTAIN CLAIMS '

On April 17, 1931, the President ratified the agreement with Sweden for the arbitration of claims on account of the detention of the motorships Kronprins Gustaf Adolf and Pacific.

AGREEMENT WITH SPAIN FOR THE CONSIDERATION OF DIPLOMATIC

CLAIMS

By an exchange of various notes, an agreement has been concluded with the Government of Spain for the informal consideration by representatives appointed by the United States and Spain of all outstanding diplomatic claims between the two Governments.

Mr. Raymund T. Yingling, of the Department of State, has been delegated as the American representative and Mr. Louis Calderon, Commercial Counselor of the Spanish Embassy at Washington, has been delegated as the Spanish representative.

1

See Bulletin No. 17, February, 1931, p. 24.

21

TEXTS OF CONVENTIONS

[The publication of texts hereunder does not imply that the United
States is, contemplates becoming, or is eligible to become a party.]

INTERNATIONAL CONVENTION FOR THE UNIFICATION
OF CERTAIN RULES RELATING TO MARITIME LIENS
AND MORTGAGES1

[Translation *}

The President of the German Reich, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Brazil, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Chief of the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Possessions beyond the Seas, Emperor of India, His Serene Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Latvia, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Poland, the President of the Portuguese Republic, His Majesty the King of Rumania, His Majesty the King of the Serbs, Croats and Slovenes. His Majesty the King of Sweden and the President of the Republic of Uruguay.

Having recognized the utility of laying down in common accord certain uniform rules relating to maritime liens and mortgages have decided to conclude a convention to that effect and have designated as their plenipotentiaries, namely:

1

2

The President of the German Reich:

His Excellency Mr. von Keller, Minister of Germany at Brussels:

Mr. Goes, Referendary Counselor of Legation;

Dr. Richter, Counselor at the Reich Ministry of Justice, Government Privy Councilor;

See Bulletin No. 18, March, 1931, pp. 13-14, 15.

Made in the Department of State.

Mr. Werner, First Government Counselor at the Reich Ministry of Economic Affairs, Privy Councilor of Justice;

Mr. Sieveking, Lawyer.

The President of the Argentine Republic:

His Majesty the King of the Belgians:

Mr. Franck, Member of the Chamber of Representatives, President of the International Maritime Committee;

Mr. Le Jeune, Vice President of the International Maritime Committee;

Mr. Sohr, Doctor of Law, Professor of Maritime Law at the University of Brussels, Secretary General of the International Maritime Committee;

Mr. Henri Rolin, Lawyer, Chief of the Office of the Ministry of Foreign Affairs.

The President of the Republic of Brazil:

Mr. de Pimentel Brandao, Counselor of the Embassy of Brazil at Brussels.

The President of the Republic of Chile:

The President of the Republic of Cuba:

His Majesty the King of Denmark and Iceland:

Mr. K. Sindballe, Doctor of Law, Professor at the Law School of the University of Copenhagen.

His Majesty the King of Spain:

Don Lorenzo de Benito y Endara, former Professor of Commercial Law at the University of Madrid;

Don Miguel de Angulo y Riamon, Lieutenant-Auditor of the First Class of the Navy, Assessor in the Office of Navigation and Fisheries;

Don Juan Gomez Montejo, First Officer of the Technical Corps of Lawyers of the General Office of Justice, Worship and General Affairs at the Ministry of Pardon and Justice.

Chief of the Estonian State:

His Excellency Mr. Charles Pusta, Minister of Estonia at Brussels.

The President of the United States of America:

The President of the Republic of Finland:

The President of the French Republic:

Mr. Degrand, Counselor of the Embassy of the French Republic at Brussels;

Mr. de Rousiers, Secretary General of the Committee of Shipowners of France;

Mr. Georges Ripert, Professor at the School of Law of Paris. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Possessions beyond the Seas, Emperor of India:

Sir Leslie Scott, K.C., M.P.:

The Honorable Hugh Godley, Adviser of the Lord President of the Committees, House of Lords:

Mr. George P. Langton, Lawyer, Secretary General of the International Maritime Committee:

Mr. R. M. Greenwood, C.B.E.

His Serene Highness the Governor of the Kingdom of Hungary: Count Olivier Woracziczky, Baron of Pabienitz. Chargé d'Affaires of Hungary at Brussels.

His Majesty the King of Italy:

Mr. François Berlingieri, Professor of Maritime Law at the University of Genoa:

His Excellency Commander Charles Rossetti, Minister Plenipotentiary, Italian Delegate to the International Rivers Commissions, President of the Rhenish Committee for the Unification of the Private Law of Rivers:

Mr. Torquato Giannini, Professor, Commissioner of Emigration.

His Majesty the Emperor of Japan:

His Excellency Mr. M. Adatci, Ambassador of Japan at Brussels:

Mr. Mechiyoshi Nakanishi, Judge, First President of the Court of Appeal at Nagasaki;

Mr. Hiroyuki Kawai, Minister, Counselor of the Embassy of Japan at Brussels;

Mr. Yasuo Ko, Commander, Naval Attaché of the Embassy of Japan at Paris:

Mr. Nobukatsu Negaoka, Secretary at the Ministry of Communications.

The President of the Republic of Latvia:

The President of the Republic of Mexico:

His Excellency Dr. Rafael Cabrera, Minister of Mexico at Brussels.

His Majesty the King of Norway:

Mr. E. Alten, Counselor of the Supreme Court.

Her Majesty the Queen of the Netherlands:

His Excellency Jonckheer van Vredenburch, Minister of the Netherlands at Brussels:

Mr. B. C. J. Loder, Judge of the Permanent Court of International Justice;

Mr. C. D. Asser, jr., Lawyer:

Mr. G. Van Slooten, Member of the Military High Court of Justice, Counselor of the Court of Appeal.

The President of the Republic of Poland:

His Excellency Count Szembek, Minister of Poland at Brussels; Mr. Jean Namitkiewicz, Polish Arbitrator on the Mixed Arbitral Tribunal, Germany and Poland. Counselor of the Court of Appeal, Professor at the University of Warsaw.

The President of the Portuguese Republic:

His Excellency Mr. J. Batalha de Freitas, Minister of Portugal at Brussels.

His Majesty the King of Rumania:

Mr. Bals, Counselor of the Court of Cassation;

His Excellency Mr. Contzesco, Minister Plenipotentiary and Envoy Extraordinary, Delegate on the International Commission of the Danube.

His Majesty the King of the Serbs, Croats and Slovenes:

Mr. Milorad Straznicky, Doctor of Law, Professor at the Law
School of the University of Zagreb;

Mr. Ante Verona, Doctor of Law, former Vice President of the
Court of Cassation of Zagreb, Professor at the University of
Zagreb.

His Majesty the King of Sweden:

Mr. Algot Johan Fredrik Bagge, Referendary Counselor of the
Supreme Court.

The President of the Republic of Uruguay:

Who, duly authorized therefor have agreed on the following:

ARTICLE 1

Mortgages, hypothecations, and other similar charges upon vessels, duly effected in accordance with the law of the contracting state to which the vessel belongs, and registered in a public register either at the port of the vessel's registry or at a central office, shall be regarded as valid and respected in all the other contracting countries.

ARTICLE 2

The following give rise to maritime liens on a vessel, on the freight for the voyage during which the claim giving rise to the lien arises, and on the accessories of the vessel and freight accrued since the commencement of the voyage:

1. Law costs due to the state, and expenses incurred in the common interest of the creditors in order to preserve the vessel or to procure its sale and the distribution of the proceeds of sale; tonnage dues, light or harbor dues, and other public taxes and charges of the same character; pilotage dues; the cost of watching and preservation from the time of the entry of the vessel into the last port; 2. Claims arising out of the contract of engagement of the master, crew, and other persons hired on board;

3. Remuneration for assistance and salvage, and the contribution of the vessel in general average;

4. Indemnities for collision or other accident of navigation, as also for damage caused to works forming part of harbors, docks, and navigable ways; indemnities for bodily injury to passengers or crew; indemnities for loss of or damage to cargo or baggage;

« PreviousContinue »