Maintenance of navigable waterways
Introduction
The Barcelona Convention and Statute on the Regime of Navigable Waterways of International Interest is a multilateral treaty that was concluded in Barcelona on April 20, 1921. Its objective is to guarantee freedom of navigation on navigable waterways (i.e. ports, rivers and artificial canals "Canal (engineering)") that are of international importance. It was registered in the series of treaties of the League of Nations on October 8, 1921.[1] It will enter into force on October 31, 1922.[2].
Terms of the convention
The convention was limited to reaffirming the statute adopted the previous day at a conference of the League of Nations held in Barcelona. Article 1 of the statute defined the term "navigable waterways of international interest" as any navigable waterway connected to the sea and passing through one or more sovereign states. Article 2 established that the convention would also apply to navigable waterways for which international commissions had been established. Article 3 obliged governments to allow free movement through their navigable waterways to ships of any State whose government had signed the convention. Article 4 required equal treatment for all nationalities in the application of freedom of navigation. Article 5 allowed some exceptions to the principles of freedom of navigation if a government decided to give priority to its own nationals in certain cases, provided there were no agreements to the contrary. Article 6 allowed governments to apply their rule of law in the waterways under their control. Article 7 prohibited governments from charging any fee of passage on international waterways under their control, other than the minimum fees necessary for the maintenance of such waterways. Article 8 prohibited governments from charging customs duties on goods passing through their territories, and established that the principles of the Barcelona Convention and the Statute on Freedom of Transit" would also apply to maritime navigation. Article 9 required governments to grant equitable treatment to all foreigners in the use of their ports, with some exceptions. Article 10 required governments that controlled navigable waterways to regularly maintain them to allow safe navigation. fluid.
Article 11 deals with non-signatory States to the Convention and their rights to use navigable waterways. Article 12 provided that, in the event that a waterway was divided between two or more States, responsibility for the rule of law would be divided according to the territorial division of the waterway itself. Article 13 stated that previously signed navigation agreements would remain in force, but asked the governments involved not to apply the provisions of those treaties if they conflicted with the convention. Article 14 regulated the work of the international navigation commissions. Article 15 allowed exceptions in time of war. Article 16 stated that none of the provisions of the statute would conflict with the obligations arising from the Covenant of the League of Nations. Article 17 stated that the statute did not apply to war or police ships. Article 18 prohibited governments from establishing navigation measures that conflicted with statute or convention. Article 19 allowed exceptions to be made in times of national emergency. Article 20 allowed governments to grant greater freedom of navigation than provided for in the statute, if they so chose.