INTERNATIONAL CONVENTION SAFETY OF LIFE AT SEA. 307 



Chapter VII. 

 SAFETY CERTIFICATES. 



The convention provides in Article 57 for an inspection and survey of every vessel sub- 

 ject to the convention to determine that it complies in an efficient manner with convention 

 requirements. "In every case the Government concerned fully guarantees the completeness 

 and efficiency of the inspection and survey." (Art. 57.) This obligation will involve an in- 

 crease in the inspection force of the United States in view of the requirements of the con- 

 vention, some of which are not provided for by the laws of the United States. 



As testimony that a vessel has thus been found by inspection and survey to comply 

 with convention requirements, the Government concerned issues to it a certificate called 

 "Safety Certificate," and "the State to which the vessel belongs assumes full responsibility 

 for the certificate." The certificate is not valid for a longer period than one year (Art. 59) 

 and another inspection and survey are necessary before the issue of another safety certifi- 

 cate. Inspection and survey at least annually are thus prescribed, and by Article XXV 

 further surveys are required "every time an accident occurs or a defect is discovered which 

 affects the safety of the vessel or the efficiency or completeness of its life-saving appliances 

 or other equipment, or any important repairs or renewals to be made." The Safety Certificate 

 "shall be regarded by the Governments of other contracting States as having the same force 

 as the certificates issued by them to their own vessels." (Art. 60.) This provision and, in 

 fact, the convention, is a declaration by the nations accepting it that they are prepared to 

 trust one another to carry out engagements, mutually agreed upon, in the matter of safety 

 of life upon the sea, which is the common property of nations and over which no one nation 

 exercises exclusive domination. 



The spirit of this declaration is not new to the laws of the United States. The act 

 of February 15, 1902 (32 Stats., 35), provides that when— 



"foreign passenger steamers belonging to countries having inspection laws approximating those 

 of the United States and have unexpired certificates of inspection issued by the proper au- 

 thorities in the respective countries to which they belong, they shall be subject to no other in- 

 spection than necessary to satisfy the local inspectors that the condition of the vessel, her 

 boilers and life-saving equipments are as stated in the current certificate of inspection, but no 

 such certificate of inspection shall be accepted as evidence of lawful inspection except when 

 presented by steam vessels of other countries which have by their laws accorded to the steam 

 vessels of the United States visiting such countries the privilege accorded herein to the 

 steam vessels of such countries visiting the United States." 



Under this statute arrangements for the mutual recognition of inspection certificates 

 have been entered into during the past ten years between the United States on the one side 

 and on the other Denmark, France, Germany, Great Britain, Canada, New Zealand, and 

 New South Wales, Japan, Norway, and the Netherlands. 



Germany and France have always held that the flag carries with it full control over 

 the ship which flies it — even in foreign ports — ^by the Government to which the ship belongs. 

 The United States and Great Britain have held the contrary theory that a foreign ship in 

 one of their ports is subject to the jurisdiction of the Government of the port. The con- 

 flict between these two theories is sharp, and for a time at the conference it seemed impos- 

 sible to reconcile them. The matter was referred to the American and German delega- 



