Article 12.
In the absence of contrary stipulations contained in a special agreements or treaty, for example, existing Conventions concerning customs and police measures and sanitary precautions, the administration of navigvble waterways of international concern is exercised by each of the riparian States and whose sovereignty or authority the navigable waterway is situated. Each of such riparian States has, inter ail, the power and duty of publishing regulations for the navigation of such waterway and of seeing to their execution. These regulations must be framed and applied in such a way as to facilitate the free exercise of navigation under the conditions laid down in this Statute.
The rules of procedure dealing with such matters as ascertaining, prosecuting and punishing navigation offences must be such as to promote as speedy a settlement as possible.
Nevertheless, the Contracting States recognise that it is highly desirable that the riparian States should come to an understanding with regard to the administration of the navigable waterway and, in particular, with regard to the adoption of navigation relations of as uniform a character throughout the whole course of such navigable waterway as the diversity of local circumstances permits.
Public services of towage or other means of haulage may be established in the form of monopolies for the purpose of facilitating the exercise of navigation, subject to the unanimous agreement of the riparian States or the States represented on the International Commission in the case of navigable waterways referred to in Article 2.
Article 13.
Treaties, conventions or agreements in force relating to navigable waterways, concluded by the Contracting States before the coming into force of this Statute, are not, as a consequence of its coming into force, abrogated so far as concerns the States signatories to those treaties.
Nevertheless, the Contracting States undertake not to apply among themselves any provisions of such treaties, conventions or agreements which may conflict with the rules of the present Statute.
Article 14.
if any of the special agreements or treaties referred to in Article 12 has entrusted or shall hereafter entrust certain functions to an international Commission which includes representatives of States other than the riparian States, it shall be the duty of such Commission, subject to the provisions of Article 10, to have exclusive regard to the interests of navigation, and it shall be deemed to be one of the organisations referred to in Article 24 of the Covenant of the League of Nations. Consequently, it will exchange all useful information directly with the League and its organisations, and will submit an annual report to the League.
The powers and duties of the Commissions referred to in the preceding paragraph shall be laid down in the Act of Navigation of each navigable waterway and shall at least include the following:
a) the Commission shall be entitled to draw up such navigation regulations as it thinks necessary itself to draw up, and all other navigation regulations shall be communicated to it;
b) it shall indicate to the riparian States the action advisable for the upkeep of works and the maintenance of navigability;
c) it shall be furnished by each of the riparian States with official information as to all themes for the improvement of the waterway;
d) it shall be entitled, in cases in which the Act of Navigation does not include a special regulation with regard to the levying of dues, to approve of the levying of such dues and charges in accordance with the provisions of Article 7 of the Statute.
Article 15.
This Statute does not prescribe the rights and duties of belligerents and neutrals in time of war. The Statute shall, however, continue in force in time of war so far as such rights and duties permit.
Article 16.
This Statute does not impose upon a Contracting State any obligation conflicting with its rights and duties as a Member of the League of Nations.
Article 17.
In the absence of any agreement to the contrary to which the State territorially interested is or may be a party, this Statute has no reference to the navigation of vessels of war or of vessels performing police or administrative functions, or, in general, exercising any kind of public authority.
Article 18.
Each of the Contracting States undertakes not to grant either by agreement or in any other way, to a non-Contracting State, treatment with regard to navigation over a navigable waterway of international concern which, as between Contracting States, would be contrary to the provisions of this Statute.
Article 19.
The measures of a general or particular character which a Contracting State is obliged to take in case of an emergency affecting the safety of the State or the vital interests of the country may, in exceptional cases and for a period as short as possible, involve a deviation from the provisions of the above Articles; it being understood that the principle of the freedom of navigation, and especially communication between the riparian States and the sea, must be maintained to the utmost possible extent.
Article 20.
This Statute does not entail in any way the withdrawal of existing greater facilities granted to the free exercise of navigation on any navigable waterway of international concern, under conditions consistent with the principle of equality laid down in this Statute, as regards the nationals, the goods and the flags of all the Contracting States; nor does it entail the prohibition of such grant of greater facilities in the future.
Article 21.
In conformity with Article 23 (e) of the Covenant of the League of Nations, any Contracting State which can establish a good case against the application of any provision of this Statute in some or all of its territory on the ground of the grave economic situation arising out of the acts of devastation perpetrated on its soil during the war 1914-1918, shall be deemed to be relieved temporarily of the obligations arising from the application of such provision, it being understood that the principle of freedom of navigation must be observed as far as possible.
Article 22.
Without prejudice to the provisions of paragraph 5 of Article 10, any dispute between States as to the interpretation or application of this Statute which is not settled directly between them shall be brought before the Permanent Court of International Justice unless under a special agreement or a general arbitration provision steps are taken for the settlement of the dispute by arbitration or some other means.
Proceedings are opened in the manner laid down in Article 40 of the Statute of the Permanent Court of International Justice.
In order to settle such disputes, however, in a friendly way as far as possible, the Contracting States undertake before resorting to any judicial proceedings and without prejudice to the powers and right of action of the Council and of the Assembly to submit such disputes for an opinion to any body established by the League of Nations as the advisory and technical organisation of the Members of the League in matters of communications and transit. In urgent cases a preliminary opinion may recommend temporary measures intended in particular to restore the facilities for free navigation which existed before the act or occurrence which gave rise to the dispute.
Article 23.
A navigable waterway shall not be considered as of international concern on the sole ground that it traverses or delimits zones or enclaves, the extent and population of which era small as compared with those of the territories which it traverses, and which form detached portions or establishments belonging to a State other than that to which the said river belongs, with this exception, throughout its navigable course.
Article 24.
This Statute shall not be applicable to a navigable waterway of international concern which has only two riparian States, and which separates, for a considerable distance, a Contracting State from a non-Contracting State whose Government is not recognised by the former at the time of the signing of this Statute, until an agreement has been concluded between them establishing, for the waterway in question, an administrative and customs regime which affords suitable safeguards to the Contracting State.
Article 25.
It is understood that this Statute must not be interpreted as regulating in any way rights and obligations intense of territories forming part, or placed under the protection, of the same sovereign State, whether or not these territories are individually Members of the League of Nations.
ADDITIONAL PROTOCOL TO THE CONVENTION ON THE REGIME OF NAVIGABLE WATERWAYS OF INTERNATIONAL CONCERN.
1. The States signatories of the Convention on the Regime of Navigable Waterways of International Concern, signed at Barcelona on April 20th, 921, whose duly authorised representatives have affixed their signatures to the present Protocol, hereby declare that, in addition to the Freedom of Communications which they have conceded by virtue of the Convention on Navigable Waterways considered as of international concern, they further concede, on condition of reciprocity, without prejudice to their rights of sovereignty, and in time of peace,
(a) on all navigable waterways,
(b) on alt naturally navigable waterways, which are placed under their sovereignty or authority, and which, not being considered as of international concern, are accessible to ordinary commercial navigation to and from the sea, and also in all the ports situated on these waterways, perfect equality of treatment for the flags of any State signatory of this Protocol as regards the transport of imports anal exports without transhipment.
At the time of signing, the signatory States must declare whether they accept the obligation to the full extent indicated under paragraph (a) above, or only to the more limited extent defined by paragraph (b).
It is understood that States which have accepted paragraph (a) are not bound as regards those which have accepted paragraph (b), except under the conditions resulting from the latter paragraph.
It is also understood that those States which possess a large number of ports (situated on navigable waterways) which have hitherto remained closed to international commerce, may, at the time of the signing of the present Protocol, exclude from its application one or more of the navigable waterways referred to above.
The signatory States may declare that their acceptance of the present Protocol does not include any or all of the colonies, overseas possessions or protectorates under their sovereignty or authority, and they subsequently adhere separately on behalf of any colony, overseas possession or protectorate so excluded in their declaration. They may also denounce the Protocol separately in accordance with its provisions, in respect of any colony, overseas possession or protectorate under their sovereignty or authority.
The present Protocol shall be ratified. Each Power shall send its ratification to the Secretary-General of the League of Nations, Ťho shall cause notice of such ratification to be given to all the other signatory Powers; these ratification shall be deposited in the archives of the Secretariat of the League of Nations.
The present Protocol shall remain open for the signature or adherence of the States which have signed the above mentioned Convention or have given their adherence to it.
It shall come into force after the Secretary-General of the League of Nations has received the ratification of two States; provided, however, that the said Convention has come into force by that time.
It may be denounced at any time after the expiration of a period of two years dating from the time of the reception by the Secretary-General of the League of Nations of the ratification of the denouncing State. The denunciation shall not take effect until one year after it has been received by the Secretary-General of the League of Nations. A denunciation of the Convention on the Regime of Navigable Waterways of International Concern shall be considered as including a denunciation of the present Protocol.
Done at Barcelona, the twentieth day of April, nineteen hundred and twenty-one, in a single copy, of which the French and English texts shall be authentic.
South Africa:
Albania:
(L. S.) Fan S. Noli.
Argentina:
Australia:
Austria:
Belgium:
(L. S.) Xavier Neujean.
Bolivia:
Brasil:
Bulgaria:
Canada:
Chile:
(L. S.) Manual Rivas Vicuňa.
China:
Colombia:
Costa-Rica:
Cuba:
Denmark:
(L. S.) A. Holek-Colding.
British Empire:
(L. S.) H. Llewellyn Smith
In respect of the United Kingdom only. Accepting paragraph a).
New Zealand:
(L. S.) H. Llewellyn Smith
In respect of New Zealand. Accepting paragraph c).
Spain:
(L. S.) E. Ortuňo.
Esthonia:
Finland:
(L. S.) Rolf Thesleff.
France:
Greece:
(L. S.) G. Caradja.
Guatemala:
Haiti:
Honduras:
India:
(L. S.) Theo Russell
[Mr. Theo Russell, Minister Plenipotentiary to His Britannic Majesty in Bern has been duly authorised to sign the additional Protocol on behalf of India.]
In respect of India only accepting paragraph (a).
Italy:
Japan:
Latvia:
Luxemburg:
Nicaragua:
Norway:
(L. S.) Fridtjof Nansen.
Panama:
Paraguay:
Netherlands:
Peru:
Persia:
Poland:
Portugal:
(L. S.) A. Freire D'Andrade.
Roumania:
Salvador:
Serb-Croat-Slovene State:
Siam:
Sweden:
(L. S.) Frederik Hansen.
Switzerland:
Czecho-Slovakia:
(L. S.) Ing. Bohuslaw Müller.
(Corrig. Müller.)
Uruguay:
Venezuela:
DECELERATION RECOGNISING THE RIGHT TO A FLAG OF STATES HAVING NO SEA-COAST.
The undersigned, duly authorised for the purse, declare that the States which they represent recognise the flag flown by the vessels of any State having no sea-coast which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such vessels.
Barcelona, April the 20th, 1921, done in a single copy of which the English and French texts shall be authentic.
Uruguay:
(L. S.) B. Fernandez y Medina.
Grčce:
(L. S.) P. Scassi.
Suisse:
(L. S.) Motta.
Panama:
(L. S.) Evenor Hazera.
Bolivie:
(L. S.) Trifon Melean.
Lettonie:
(T.. S.) Germain Albat.
Guatemala:
(L. S.) N. Galvez S.
Pologne:
(L. S.) Joseph Wielovieyski.
Bulgarie:
(L. S.) Lubin Bochkoff.
Autriche:
(L. S.) Reinhardt.
Sučde:
(L. S.) Fredrik Hansen.
Belgique:
(L. S.) Xavier Neujean.
France:
(L. S.) Maurice Sibille.
Chine:
(L. S.) Ouang Yong-Pao.
Pays-Bas:
(L. S.) Van Panhuys.
Espagne:
(L. S.) E. Ortuňo.
Lithuanie:
(L. S.) V. Sidzikauskas.
Perse:
(L. S.) Hussein Khan Alai.
Danemark:
(L. S.) A. Holck-Colding.
Chili:
(L. S.) Manuel Rivas Vicuňa.
Italie:
(L. S.) Paolo Bignami.
Portugal:
(L. S.) A. Freire D'Andrade.
Royaume des Serbes, Croates et Slovénes:
(L. S.) A. Tresič Pavicič.
République Tchécoslovaque:
(L. S.) Ing. Bohuslav Miiller.
Norvége:
(L. S.) Fridtjof Hansen.
British Empire:
[Subject to the Declaration inserted in the Procés-Verbal of the Meeting of April 19th, 1921, as to the British Dominions which have not been represented at the Barcelona Conference. H. Ll. S..]
(L. S.) H. Llewellyn Smith:
New Zealand:
(L. S.) H. Llewellyn Smith:
India:
(L. S.) Kershaw.
Esthonie:
(L. S.) C. R. Pazsta.
Albanie:
(L. S.) Fan S. Noli.
Japon:
(L. S.) M. Matsuda.