《1989国际救助公约》International Convention of Salvage

The International Convention On Salvage, IMO 1989

Chapter I - General provisions

Article 1 - Definitions

Article 2 - Application of the Convention

Article 3 - Platforms and drilling units

Article 4 - State- owned vessels

Article 5 - Salvage operations controlled by public authorities

Article 6 - Salvage contracts

Article 7 - Annulment and modification of contracts

Chapter II - Performance of salvage operations

Article 8 - Duties of the salvor and of the owner and master

Article 9 - Rights of coastal States

Article 10 - Duty to render assistance

Article 11 - Co-operation

Chapter III - Rights of salvors

Article 12 - Conditions for reward

Article 13 - Criteria for fixing the reward

Article 14 - Special compensation

Article 15 - Apportionment between salvors

Article 16 - Salvage of persons

Article 17 - Services rendered under existing contracts

Article 18 - The effect of salvor's misconduct

Article 19 - Prohibition of salvage operations

Chapter IV - Claims and actions

Article 20 - Maritime lien

Article 21 - Duty to provide security

Article 22 - Interim payment

Article 23 - Limitation of actions

Article 24 - Interest

Article 25 - State-owned cargoes

Article 26 - Humanitarian cargoes

Article 27 - Publication of arbitral awards

Chapter V - Final clauses

Article 28 - Signature, ratification, acceptance approval and accession

Article 29 - Entry into force

Article 30 - Reservations

Article 31 - Denunciation

Article 32 - Revision and amendment

Article 33 - Depositary

Article 34 - Languages

The International Convention On Salvage, IMO 1989

THE STATES PARTIES TO THE PRESENT CONVENTION

RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations,

NOTING that substantial developments, in particular the increased concern for the protection of the environment, have

demonstrated

the

need

to

review

the

international

rules

presently

contained

in

the

Convention

for

the

Unification

of

Certain

Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,

CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and

other property in danger and to the protection of the environment,

CONVINCED

of

the

need

to

ensure

that

adequate

incentives

are

available

to

persons

who

undertake

salvage

operations

in

respect

of vessels and other property in danger,

HAVE AGREED as follows:

Chapter I - General provisions

Article 1 - Definitions

For the purpose of this Convention:

(a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable

waters or in any other waters whatsoever.

(b) Vessel means any ship or craft, or any structure capable of navigation.

(c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.

(d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal

or

inland

waters

or

areas

adjacent

thereto,

caused

by

pollution,

contamination,

fire,

explosion

or

similar

major

incidents.

(e) Payment means any reward, remuneration or compensation due under this Convention.

(f) Organization means the International Maritime Organization.

(g) Secretary-General means the Secretary-General of the Organization.

Article 2 - Application of the Convention

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention

are brought in a State Party.

Article 3 - Platforms and drilling units

This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms

or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.

Article 4 - State-owned vessels

1. Without prejudice to article 5, this Convention shall not apply to warships or other non- commercial vessels owned or

operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized

principles of international law unless that State decides otherwise.

2. Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall

notify the Secretary-General thereof specifying the terms and conditions of such application.

Article 5 - Salvage operations controlled by public authorities

1. This Convention shall not affect any provisions of national law or any international convention relating to salvage

operations by or under the control of public authorities.

2.

Nevertheless,

salvors

carrying

out

such

salvage

operations

shall

be

entitled

to

avail

themselves

of

the

rights

and

remedies

provided for in this Convention in respect of salvage operations.

3. The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and

remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.

Article 6 - Salvage contracts

1. This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly

or by implication.

2. The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel.

The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the

property on board the vessel.

3.

Nothing

in

this

article

shall

affect

the

application

of

article

7

nor

duties

to

prevent

or

minimize

damage

to

the

environment.

Article 7 - Annulment and modification of contracts

A contract or any terms thereof may be annulled or modified if:

(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or

(b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.

Chapter II - Performance of salvage operations

Article 8 - Duties of the salvor and of the owner and master

1. The salvor shall owe a duty to the owner of the vessel or other property in danger:

(a) to carry out the salvage operations with due care;

(b)

in

performing

the

duty

specified

in

subparagraph

(a),

to

exercise

due

care

to

prevent

or

minimize

damage

to

the

environment;

(c) whenever circumstances reasonably require, to seek assistance from other salvors; and

(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel

or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that

such a request was unreasonable.

2. The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor:

(a) to co-operate fully with him during the course of the salvage operations;

(b) in so doing, to exercise due care to prevent or minimize damage to the environment; and

(c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested

by the salvor to do so.

Article 9 - Rights of coastal States

Nothing

in

this

Convention

shall

affect

the

right

of

the

coastal

State

concerned

to

take

measures

in

accordance

with

generally

recognized principles of international law to protect its coastline or related interests from pollution or the threat of

pollution following upon

a

maritime casualty

or

acts relating to such a casualty

which

may

reasonably

be

expected to

result

in major harmful consequences,

including

the

right of a coastal State to

give directions

in

relation

to

salvage

operations.

Article 10 - Duty to render assistance

1.

Every

master

is

bound,

so

far

as

he

can

do

so

without

serious

danger

to

his

vessel

and

persons

thereon,

to

render

assistance

to any person in danger of being lost at sea.

2. The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.

3. The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.

Article 11 - Co- operation

A

State

Party

shall,

whenever

regulating

or

deciding

upon

matters

relating

to

salvage

operations

such

as

admittance

to

ports

of

vessels

in

distress

or

the

provision

of

facilities

to

salvors,

take

into

account

the

need

for

co- operation

between

salvors,

other interested parties and public authorities in order to ensure the efficient and successful performance of salvage

operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.

Chapter III - Rights of salvors

Article 12 - Conditions for reward

1. Salvage operations which have had a useful result give right to a reward.

2.

Except

as

otherwise

provided,

no

payment

is

due

under

this

Convention

if

the

salvage

operations

have

had

no

useful

result.

3.

This

chapter

shall

apply,

notwithstanding

that

the

salved

vessel

and

the

vessel

undertaking

the

salvage

operations

belong

to the same owner.

Article 13 - Criteria for fixing the reward

1.

The

reward

shall

be

fixed

with

a

view

to

encouraging

salvage

operations,

taking

into

account

the

following

criteria

without

regard to the order in which they are presented below:

(a) the salved value of the vessel and other property;

(b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;

(c) the measure of success obtained by the salvor;

(d) the nature and degree of the danger;

(e) the skill and efforts of the salvors in salving the vessel, other property and life;

(f) the time used and expenses and losses incurred by the salvors;

(g) the risk of liability and other risks run by the salvors or their equipment;

(h) the promptness of the services rendered;

(i) the availability and use of vessels or other equipment intended for salvage operations;

(j) the state of readiness and efficiency of the salvor's equipment and the value thereof.

2. Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in

proportion to their respective salved values. However, a State Party may in its national law provide that the payment of

a

reward

has

to

be

made

by

one

of

these

interests,

subject

to

a

right

of

recourse

of

this

interest

against

the

other

interests

for their respective shares. Nothing in this article shall prevent any right of defence.

3. The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the

salved value of the vessel and other property.