第01讲国际海事组织.ppt

Entry into force（公约的生效） The adoption of a convention marks the conclusion of only the first stage of a long process.? Before the convention comes into force - that is, before it becomes binding upon Governments which have ratified it - it has to be accepted formally by individual Governments. 各国政府可以通过签署、批准、接受、核准和加入等方式来表示同意受到某一项公约的约束。 Signature, ratification, acceptance, approval and accession The terms signature, ratification, acceptance, approval and accession refer to some of the methods by which a State can express its consent to be bound by a treaty. 公约的通过只表示了这个漫长过程第一阶段的结束，在公约生效前，也就是对签署国政府产生约束力之前，他必须被某一个国家政府正式接受 Consent may be expressed by signature where: ? the treaty provides that signature shall have that effect; ? it is otherwise established that the negotiating States were agreed that signature should have that effect; ? the intention of the State to give that effect to signature appears from the full powers of its representatives or was expressed during the negotiations (Vienna Convention on the Law of Treaties, 1969, Article 12.1). Signature 条约本身规定签署具备此种效力；以其它方式确定谈判国同意签署具有此种效力；该国在其与会代表的全权证书上明确签署具有此种效力，或在谈判过程中表示签署具有此种效力。（1969年维也纳条约公约第12.1条。） A State may also sign a treaty subject to ratification, acceptance or approval. In such a situation, signature does not signify the consent of a State to be bound by the treaty, although it does oblige the State to refrain from acts which would defeat the object and purpose of the treaty until such time as it has made its intention clear not to become a party to the treaty (Vienna Convention on the Law of Treaties, Article 18(a)). 一个国家还可以签署某项条约，但“待批准、接受和核准”，这种签署并不表示该国同意受到这项条约的约束，尽管签署确使该国在明确表示不愿受到公约约束之前有义务不采取与公约的目标和宗旨相违背的行为（1969年维也纳条约法公约第18（a）条） Most multilateral treaties contain a clause providing that a State may express its consent to be bound by the instrument by signature subject to ratification. Signature subject to ratification, acceptance or approval 多数多边条约都规定，一国政府可以先签署，待批准后受条约的约束。 In