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Convention on the Intergovernmental Maritime Consultative Organization

Published online by Cambridge University Press:  28 March 2017

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Type
Official Documents
Information
American Journal of International Law , Volume 53 , Issue 2 , April 1959 , pp. 516 - 531
Copyright
Copyright © American Society of International Law 1959

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Footnotes

*

Department of State, Treaties and Other International Acts Series, No. 4044. Instruments of acceptance have been deposited by Argentina, Australia, Belgium, Burma, Canada, Republic of China, Dominican Republic, Ecuador (with declaration), France, Greece (with statement), Haiti, Honduras, Iran, Ireland, Israel, Italy, Japan, Liberia, Mexico (with reservation), The Netherlands, Norway (with statement), Pakistan, Panama, Switzerland (with reservation), Turkey, United Arab Republic, the United Kingdom, the United States (with reservation and understanding), and the U.S.S.R.

In a note accompanying the instrument of ratification, deposited with the Secretary-General of the United Nations on Aug. 9, 1951, the Belgian Minister for Foreign Affairs stated that the ratification was valid only for the metropolitan territories and that the territories of the Belgian Congo and the Trust Territories of Ruanda-Urundi were expressly excluded.

Following is the text of the declaration made by Ecuador at the time of deposit of her instrument of acceptance of March 6, 1948:

[Translation] "The Government of Ecuador declares that the protectionist measures adopted in the interests of its National Merchant Marine and the Merchant Fleet of Greater Colombia (Flota Mercante Grancolombiana), the vessels belonging to which are regarded as Ecuadorian by reason of the participation of the Government of Ecuador in the said Fleet, are measures the sole object of which is to promote the development of the National Merchant Marine and of the Merchant Fleet of Greater Colombia and are consistent with the purposes of the Intergovernmental Maritime Organization, as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be re-examined by the Government of Ecuador.''

Following is the text of the reservation made by Mexico at the time of deposit of her instrument of acceptance of March 6, 1948: [Translation] "The Government of the United States of Mexico, in accepting the Convention on the Intergovernmental Maritime Consultative Organization, on the understanding that nothing in the said Convention is intended to change national legislation relating to restrictive business practices, expressly states that its acceptance of the above-mentioned international instrument neither has nor shall have the effect of altering or modifying in any way the application of the laws against monopolies in the territory of the Republic of Mexico."

Following is the text of the reservation made by Switzerland at the time of deposit of her instrument of ratification of March 6, 1948: [Translation] " I n depositing its instrument of ratification of the Convention on the Intergovernmental Maritime Consultative Organization (IMCO), Switzerland makes the general reservation that its participation in the work of IMCO, more particularly as regards that organization's relations with the United Nations, cannot exceed the bounds implicit in Switzerland's status as a perpetually neutral State. In conformity with this general reservation, Switzerland wishes to make a particular reservation both in respect of the text of article VI as incorporated in the agreement, at present in draft form, between IMCO and the United Nations, and in respect of any similar clause which may replace or supplement that provision in the said agreement or in any other arrangement."

Following is the text of the reservation and understanding made by the United States at the time of deposit of her instrument of acceptance of Aug. 17, 1950: " It being understood that nothing in the Convention on the Intergovernmental Maritime Consultative Organization is intended to alter domestic legislation with respect to restrictive business practices, it is hereby declared that ratification of that Convention by the Government of the United States of America does not and will not have the effect of altering or modifying in any way the application of the anti-trust statutes of thp United States of America."

References

1 33 United Nations Treaty Series 261.

2 In a communication received by the United Nations Secretariat on Oct. 3, 1949, from the Permanent Representative of The Netherlands to the United Nations, it was stated that “the participation of the Netherlands in this Convention includes Indonesia, Surinam and the Netherlands West Indies.” In a further communication received by the Secretary-General of the United Nations on July 12, 1951, from the Permanent Representative of The Netherlands to the United Nations, it was stated that “the participation of the Netherlands in the aforesaid Convention, from 27 December 1949, no longer includes the territories under the jurisdiction of the Republic of Indonesia but includes Surinam, the Netherlands Antilles (formerly the Netherlands West Indies) and Netherlands New Guinea.“