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Australian Treaty Series 1936 No 14

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

CANBERRA

Procès-Verbal relating to the Rules of Submarine Warfare set forth in Part IV of the Treaty for the Limitation and Reduction of Naval Armament of 22 April 1930

(London, 6 November 1936)

Entry into force for Australia and generally: 6 November 1936

AUSTRALIAN TREATY SERIES

1936 No. 14 (electronic)

(c) Commonwealth of Australia 1998

PROCÈS-VERBAL RELATING TO THE RULES OF SUBMARINE WARFARE SET FORTH IN PART IV OF THE TREATY OF LONDON OF 22 APRIL 1930

WHEREAS the Treaty for the Limitation and Reduction of Naval Armaments signed in London on 22 April 1930[1] has not been ratified by all the signatories;

AND WHEREAS the said Treaty will cease to be in force after 31 December 1936, with the exception of Part IV thereof, which sets forth rules as to the action of submarines with regard to merchant ships as being established rules of international law, and remains in force without limit of time;

AND WHEREAS the last paragraph of Article 22 of the said Part IV states that the High Contracting Parties invite all the other Powers to express their assent to the said rules;

AND WHEREAS the Governments of the French Republic and the Kingdom of Italy have confirmed their acceptance of the said rules resulting from the signature of the said Treaty;

AND WHEREAS all the signatories of the said Treaty desire that as great a number of Powers as possible should accept the rules contained in the said Part IV as established rules of international law;

The undersigned, representatives of their respective Governments,[2] bearing in mind the said Article 22 of the Treaty, hereby request the Government of the United Kingdom of Great Britain and Northern Ireland forthwith to communicate the said rules, as annexed hereto, to the Governments of all Powers which are not signatories of the said Treaty, with an invitation to accede thereto definitely and without limit of time.

"Rules

(1) In their action with regard to merchant ships, submarines must conform to the rules of international law to which surface vessels are subject.

(2) In particular, except in the case of persistent refusal to stop on being duly summoned, or of active resistance to visit or search, a warship, whether surface vessel or submarine, may not sink or render incapable of navigation a merchant vessel without having first placed passengers, crew and ship's papers in a place of safety. For this purpose the ship's boats are not regarded as a place of safety unless the safety of the passenger and crew is assured, in the existing sea and weather conditions, by the proximity of land, or the presence of another vessel which is in a position to take them on board."

SIGNED in London, the 6th day of November, nineteen hundred and thirty-six.

[Signatures not reproduced here.]

[1] Act 1930 No. 44; UKTS 1931 No. 1 (Cmd. 3758); SP 132 p. 603; LNTS 112 p. 65; USTS 830; CTS 1930 No. 16; Hudson No. 253.