1976年海事赔偿责任限制公约(含英文)

第二十二条

保管

１．本公约应由秘书长保管。

２．秘书长应当：

（１）

向被邀请出席海事索赔责任限制会议的所有国家和加入本公约 的任何其他国家，

分送经过核证无误的本公约副本；

（２）通知已签署或加入本公约的所有国家；

①每一新的签署和每一文件交存事项以及对其所作任 何保留及其日期；

②本公约或本公约的任何修正案的生效日期；

③任何退出本公约事项及其生效日期；

④依照第二十条或第二十一条规定通过的任何修正案；

⑤由本公约任何条文所要求的任何通知事项。

３．本公约一经生效，秘书长便应依照联合国宪章第 １０２条，将一份核证无误的本

公约副本，送交联合国秘书长登记并公布。

第二十三条

语言

< br>本公约以英文、法文、俄文和西班牙文写成，正本共一份，每种文本具有同等效力。

１９７６年１１月１９日订于伦敦。

为此而被正式授权的下列具名者，特签署本公约，以昭信守。

【名称】

CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976

【题注】

Whole document

The States parties to this Convention,

Having recognized the desirability of determining by agreement certain

uniform rules relating to the limitation of liability for maritime claims,

Have decided to conclude a Convention for this purpose and have

thereto agreed as follows:

CHAPTER I. THE RIGHT OF LIMITATION

Article 1

Persons entitled to limit liability

1. Shipowners, and salvors, as hereinafter defined, may limit their

liability in accordance with the rules of this Convention for claims set

out in Article 2.

2. The term

operator of a seagoing ship.

3. Salvor shall mean any person rendering services in direct connexion

with salvage operations. Salvage operations shall also include operations

referred to in Article 2, paragraph 1 (d), (e) and (f).

4. If any claims set out in Article 2 are made against any person for

whose act, neglect or default the shipowner or salvor is responsible, such

person shall be entitled to avail himself of the limitation of liability

provided for in this Convention.

5. In this Convention the liability of a shipowner shall include

liability in an action brought against the vessel herself.

6. An insurer of liability for claims subject to limitation in

accordance with the rules of this Convention shall be entitled to the

benefits of this Convention to the same extent as the assured himself.

7. The act of invoking limitation of liability shall not constitute an

admission of liability.

Article 2

Claims subject to limitation

1. Subject to Article 3 and 4 the following claims, whatever the basis

of liability may be, shall be subject to limitation of liability:

(a) claims in respect of loss of life or personal injury or loss

of or damage to property (including damage to harbour works, basins and

waterways and aids to navigation), occurring on board or in direct

connexion with the operation of the ship or with salvage operations, and

consequential loss resulting therefrom;

(b) claims in respect of loss resulting from delay in the carriage

by sea of cargo, passengers or their luggage;

(c) claims in respect of other loss resulting from infringement of

rights other than contractual rights, occurring in direct connexion with

the operation of the ship or salvage operations;

(d) claims in respect of the raising, removal, destruction or the

rendering harmless of a ship which is sunk, wrecked, stranded or

abandoned, including anything that is or has been on board such ship;

(e) claims in respect of the removal, destruction or the rendering

harmless of the cargo of the ship;

(f) claims of a person other than the person liable in respect of

measures taken in order to avert or minimize loss for which the person

liable may limit his liability in accordance with this Convention, and

further loss caused by such measures.

2. Claims set out in paragraph 1 shall be subject to limitation of

liability even if brought by way of recourse or for indemnity under a

contract or otherwise. However, claims set out under paragraph 1(d), (e)

and (f) shall not be subject to limitation of liability to the extent that

they relate to remuneration under a contract with the person liable.

Article 3

Claims excepted from limitation

The rules of this Convention shall not apply to:

(a) claims for salvage or contribution in general average;

(b) claims for oil pollution damage within the meaning of the

International Convention on Civil Liability for Oil Pollution Damage,

dated November 29, 1969 or of any amendment or Protocol thereto which is

in force;

(c) claims subject to any international convention or national

legislation governing or prohibiting limitation of liability for nuclear

damage;

(d) claims against the shipowner of a nuclear ship for nuclear

damage;

(e) claims by servants of the shipowner or salvor whose duties are

connected with the ship or the salvage operations, including claims of

their heirs, dependants or other persons entitled to make such claims, if

under the law governing the contract of service between the shipowner or

salvor and such servants the shipowner or salvor is not entitled to limit

his liability in respect of such claims, or if he is by such law only

permitted to limit his liability to an amount greater than that provided

for in Article 6.

Article 4

Conduct barring limitation

A person liable shall not be entitled to limit his liability if it is

proved that the loss resulted from his personal act or omission, committed

with the intent to cause such loss, or recklessly and with knowledge that

such loss would probably result.

Article 5

Counterclaims

Where a person entitled to limitation of liability under the rules of

this Convention has a claim against the claimant arising out of the same

occurrence, their respective claims shall be set off against each other

and the provisions of this Convention shall only apply to the balance, if

any.

CHAPTER II. LIMITS OF LIABILITY

Article 6

The general limits

1. The limits of liability for claims other than those mentioned in

Article 7, arising on any distinct occasion, shall be calculated as

follows:

(a) in respect of claims for loss of life or personal injury,

(i) 333,000 Units of Account for a ship with a tonnage not

exceeding 500 tons,

(ii) for a ship with a tonnage in excess thereof, the

following amount in addition to that mentioned in (i):

for each ton from 501 to 3,000 tons, 500 Units of Account;

for each ton from 3,001 to 30,000 tons, 333 Units of

Account;

for each ton from 30,001 to 70,000 tons, 250 Units of

Account; and

for each ton in excess of 70,000 tons, 167 Units of

Account.

(b) in respect of any other claims.

(i) 167,000 Units of Account for a ship with a tonnage not

exceeding 500 tons,

(ii) for a ship with a tonnage in excess thereof the following

amount in addition to that mentioned in (i):

for each ton from 501 to 30,000 tons, 167 Units of