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Forum of adoption: Diplomatic Conference

In force: no

Entry into force:  14.09.1937

During the Spanish Civil War, nine Powers agreed to take collective measures to suppress attacks by submarines against merchant vessels. The Agreement refers in the preamble to the provisions of the London Treaty of 1930 and the procès-verbal of 1936 concerning submarine warfare. In the Supplementary Agreement of 17 September 1937 the same Powers made the principles of the first Agreement applicable to attacks by surface vessels and aircraft.

 

Meetings of forum; 09.09.1937 – 14.09.1937, Nyon

Date of adoption: 14.09.1937

Depositary UNO

Number of articles: 9

Authentic textEnglish; French

Source D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp.887-889.

Ratification  a treaty is generally open for signature for a certain time following the conference which has adopted it. However, a signature is not binding on a State unless it has been endorsed by ratification. The time limits having elapsed, the Conventions and the Protocols are no longer open for signature. The States which have not signed them may at any time accede or, in the appropriate circumstances, succeed to them.

Accession : instead of signing and then ratifying a treaty, a State may become party to it by the single act called accession.

Reservation / Declaration : unilateral statement, however phrased or named, made by a State when ratifying, acceding or succeeding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State (provided that such reservations are not incompatible with the object and purpose of the treaty).

 

Preamble

Whereas arising out of the Spanish conflict attacks have been repeatedly committed in the Mediterranean by submarines against merchant ships not belonging to either of the conflicting Spanish parties; and

Whereas these attacks are violations of the rules of international law referred to in Part IV of the Treaty of London of 22 April 1930, with regard to the sinking of merchant ships and constitute acts contrary to the most elementary dictates of humanity, which should be justly treated as acts of piracy; and

Whereas without in any wily admitting the right of either party to the conflict in Spain to exercise belligerent rights or to interfere with merchant ships on the high seas even if the laws of warfare at sea are observed and without prejudice to the right of any participating Power to take such action as may be proper to protect its merchant shipping from any kind of interference on the high seas or to the possibility of further collective measures being agreed upon subsequently, it is necessary in the first place to agree upon certain special collective measures against piratical acts by submarines:

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