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1989年国际救助公约 INTERNATIONAL CONVENTION ON SALVAGE, 1989

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颁布日期:19890428  颁布单位:伦敦

  THE STATES PARTIES TO THE PRESENT CONVENTION,

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

  NOTING that substantial developments, in particular the increasedconcern for the protection of the environment, have demonstrated the needto review the international rules presently contained in the Conventionfor the Unification of Certain Rules of Law relating to Assistance andSalvage at Sea, done at Brussels, 23 September 1910,

  CONSCIOUS of the major contribution which efficient and timely salvageoperations can make to the safety of vessels and other property in dangerand to the protection of the environment.

  CONVINCED of the need to ensure that adequate incentives are availableto persons who undertake salvage operations in respect of vessels andother property in danger.

  HAVE AGREED as follows:

  Chapter I General provisionsArticle 1 Definitions

  For the purpose of this Convention:

  (a) Salvage operation means any act or activity undertaken toassist a vessel or any other property in danger in navigable waters or inany other waters whatsoever.

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

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

  (d) Damage to the environment means substantial physical damage tohuman health or to marine life or resources in coastal or inland waters orareas adjacent thereto, caused by pollution, contamination, fire,explosion or similar major incidents.

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

  (f) Organization means the International Maritime Organization.

  (g) Secretary-General means the Secretary-General of theOrganization.Article 2 Application of the Convention

  This Convention shall apply whenever judicial or arbitral proceedingsrelating to matters dealt with in this Convention are brought in a StateParty.Article 3 Plat forms and drilling units

  This Convention shall not apply to fixed or floating platforms or tomobile offshore drilling units when such platforms or units are onlocation engaged in the exploration, exploitation or production of sea-bedmineral resources.Article 4 State-owned vessels

  1 Without prejudice to Article 5, this Convention shall not apply towarships or other non-commercial vessels owned or operated by a State andentitled, at the time of salvage operations, to sovereign immunity undergenerally recognized principles of international law unless that Statedecides otherwise.

  2 Where a State Party decides to apply the Convention to its warshipsor other vessels described in paragraph 1, it shall notify theSecretary-General thereof specifying the terms and conditions of suchapplication.Article 5 Salvage operations controlled by public authorities

  1 This Convention shall not affect any provisions of national law orany international convention relating to salvage operations by or underthe control of public authorities.

  2 Nevertheless, salvors carrying out such salvage operations shall beentitled to avail themselves of the rights and remedies provided for inthis Convention in respect of salvage operations.

  3 The extent to which a public authority under a duty to performsalvage operations may avail itself of the rights and remedies providedfor in this Convention shall be determined by the law of the State wheresuch authority is situated.Article 6 Salvage contracts

  1 This Convention shall apply to any salvage operations save to theextent that a contract otherwise provides expressly or by implication.

  2 The master shall have the authority to conclude contracts forsalvage operations on behalf of the owner of the vessel. The master or theowner of the vessel shall have the authority to conclude such contracts onbehalf of the owner of the property on board the vessel.

  3 Nothing in this Article shall affect the application of Article 7nor 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 orthe influence of danger and its terms are inequitable; or

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

  Chapter II Performance of salvage operationsArticle 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 otherproperty in danger:

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

  (b) in performing the duty specified in subparagraph (a), toexercise due care to prevent or minimize damage to the environment;

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

  (d) to accept the intervention of other salvors when reasonablyrequested to do so by the owner or master of the vessel or other propertyin danger; provided however that the amount of his reward shall not beprejudiced should it be found that such a request was unreasonable.

  2 The owner and master of the vessel or the owner of other property indanger shall owe a duty to the salvor;

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

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

  (c) when the vessel or other property has been brought to a placeof safety, to accept redelivery when reasonably requested by the salvor todo so.Article 9 Rights of coastal States

  Nothing in this Convention shall affect the right of the coastal Stateconcerned to take measures in accordance with generally recognizedprinciples of international law to protect its coastline or relatedinterests from pollution or the threat of pollution following upon amaritime casualty or acts relating to such a casualty which may reasonablybe expected to result in major harmful consequences, including the rightof 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 dangerto his vessel and persons thereon, to render assistance to any person indanger of being lost at sea.

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

  3 The owner of the vessel shall incur no liability for a breach of theduty of the master under paragraph 1.Article 11 Co-operation

  A State Party shall, whenever regulating or deciding upon mattersrelating to salvage operations such as admittance to ports of vessels indistress or the provision of facilities to salvors, take into account theneed for co-operation between salvors, other interested parties and publicauthorities in order to ensure the efficient and successful performance ofsalvage operations for the purpose of saving life or property in danger aswell as preventing damage to the environment in general.

  Chapter III Rights of salvorsArticle 12 Conditions for reward

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

  2 Except as otherwise provided, no payment is due under thisConvention if the Salvage operations have had no useful result.

  3 This chapter shall apply, notwithstanding that the salved vessel andthe 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 salvageoperations, taking into account the following criteria without regard tothe 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 orminimizing 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 ortheir equipment;

  (h) the promptness of the services rendered;

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

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

  2 Payment of a reward fixed according to paragraph 1 shall be made byall of the vessel and other property interests in proportion to theirrespective salved values. However, a State Party may in its national lawprovide that the payment of a reward has to be made by one of theseinterests, subject to a right of recourse of this interest against theother interests for their respective shares. Nothing in this Article shallprevent any right of defence.

  3 The rewards, exclusive of any interest and recoverable legal coststhat may be payable thereon, shall not exceed the salved value of thevessel and other property.Article 14 Special compensation

  1 If the salvor has carried out salvage operations in respect of avessel which by itself or its cargo threatened damage to the environmentand has failed to earn a reward under Article 13 at least equivalent tothe special compensation assessable in accordance with this Article, heshall be entitled to special compensation from the owner of that vesselequivalent to his expenses as herein defined.

  2 If, in the circumstances set out in paragraph 1, the salvor by hissalvage operations has prevented or minimized damage to the environment,the special compensation payable by the owner to the salvor underparagraph 1 may be increased up to a maximum of 30% of the expensesincurred by the salvor. However, the tribunal, if it deems it fair andjust to do so and bearing in mind the relevant criteria set out in Article13, paragraph 1, may increase such special compensation further, but in noevent shall the total increase be more than 100% of the expenses incurredby the salvor.

  3 Salvor's expenses for the purpose of paragraphs 1 and 2 means theout-of-pocket expenses reasonably incurred by the salvor in the salvageoperation and a fair rate for equipment and personnel actually andreasonably used in the salvage operation, taking into consideration thecriteria set out in Article 13, paragraph 1(h), (i) and (j)。

  4 The total special compensation under this Article shall be paid onlyif and to the extent that such compensation is greater than any rewardrecoverable by the salvor under Article 13.

  5 If the salvor has been negligent and has thereby failed to preventor minimize damage to the environment, he may be deprived of the whole orpart of any special compensation due under this Article.

  6 Nothing in this Article shall affect any right of recourse on thepart of the owner of the vessel.Article 15 Apportionment between salvors

  1 The apportionment of a reward under Article 13 between salvors shallbe made on the basis of the criteria contained in that Article.

  2 The apportionment between the owner, master and other persons in theservice of each salving vessel shall be determined by the law of the flagof that vessel. If the salvage has not been carried out from a vessel, theapportionment shall be determined by the law governing the contractbetween the salvor and his servants.Article 16 Salvage of persons

  1 No remuneration is due from persons whose lives are saved, butnothing in this Article shall affect the provisions of national law onthis subject.

  2 A salvor of human life, who has taken part in the services renderedon the occasion of the accident giving rise to salvage, is entitled to afair share of the payment awarded to the salvor for salving the vessel orother property or preventing or minimizing damage to the environment.Article 17 Services rendered under existing contracts

  No payment is due under the provisions of this Convention unless theservices rendered exceed what can be reasonably considered as dueperformance of a contract entered into before the danger arose.Article 18 The effect of salvor's misconduct

  A salvor may be deprived of the whole or part of the payment due underthis Convention to the extent that the salvage operations have becomenecessary or more difficult because of fault or neglect on his part or ifthe salvor has been guilty of fraud or other dishonest conduct.Article 19 Prohibition of salvage operations

  Services rendered notwithstanding the express and reasonableprohibition of the owner or master of the vessel or the owner of any otherproperty in danger which is not and has not been on board the vessel shallnot give rise to payment under this Convention.

  Chapter IV Claims and actionsArticle 20 Maritime lien

  1 Nothing in this Convention shall affect the salvor's maritime lienunder any international convention or national law.

  2 The salvor may not enforce his maritime lien when satisfactorysecurity for his claim, including interest and costs, has been dulytendered or provided.Article 21 Duty to provide security

  1 Upon the request of the salvor a person liable for a payment dueunder this Convention shall provide satisfactory security for the claim,including interest and costs of the salvor.

  2 Without prejudice to paragraph 1, the owner of the salved vesselshall use his best endeavours to ensure that the owners of the cargoprovide satisfactory security for the claims against them includinginterest and costs before the cargo is released.

  3 The salved vessel and other property shall not, without the consentof the salvor, be removed from the port or place at which they firstarrive after the completion of the salvage operations until satisfactorysecurity has been put up for the salvor's claim against the relevantvessel or property.Article 22 Interim payment

  1 The tribunal having jurisdiction over the claim of the salvor may,by interim decision, order that the salvor shall be paid on account suchamount as seems fair and just, and on such terms including terms as tosecurity where appropriate, as may be fair and just according to thecircumstances of the case.

  2 In the event of an interim payment under this Article the securityprovided under Article 21 shall be reduced accordingly.Article 23 Limitation of actions

  1 Any action relating to payment under this Convention shall betime-barred if judicial or arbitral proceedings have not been institutedwithin a period of two years. The limitation period commences on the dayon which the salvage operations are terminated.

  2 The person against whom a claim is made may at any time during therunning of the limitation period extend that period by a declaration tothe claimant. This period may in the like manner be further extended.

  3 An action for indemnity by a person liable may be instituted evenafter the expiration of the limitation period provided for in thepreceding paragraphs, if brought within the time allowed by the law of theState where proceedings are instituted.Article 24 Interest

  The right of the salvor to interest on any payment due under thisConvention shall be determined according to the law of the State in whichthe tribunal seized of the case is situated.Article 25 State-owned cargoes

  Unless the State owner consents, no provision of this Convention shallbe used as a basis for the seizure, arrest or detention by any legalprocess of, nor for any proceedings in rem against, non-commercialcargoes owned by a State and entitled, at the time of the salvageoperations, to sovereign immunity under generally recognized principlesof international law.Article 26 Humanitarian cargoes

  No provision of this Convention shall be used as a basis for theseizure, arrest or detention of humanitarian cargoes donated by a State,if such State has agreed to pay for salvage services rendered in respectof such humanitarian cargoes.Article 27 Publication of arbitral awards

  States Parties shall encourage, as far as possible and with theconsent of the parties, the publication of arbitral awards made in salvagecases.

  Chapter V Final clausesArticle 28 Signature, ratification, acceptance, approval and accession

  1 This Convention shall be open for signature at the Headquarters ofthe Organization from 1 July 1989 to 30 June 1990 and shall thereafterremain open for accession.

  2 States may express their consent to be bound by this Convention by:

  (a) signature without reservation as to ratification, acceptanceor approval; or

  (b) signature subject to ratification, acceptance or approval,followed by ratification, acceptance or approval; or

  (c) accession.

  3 Ratification, acceptance, approval or accession shall be effected bythe deposit of an instrument to that effect with the Secretary-General.Article 29 Entry into force

  1 This Convention shall enter into force one year after the date onwhich 15 States have expressed their consent to be bound by it.

  2 For a State which expresses its consent to be bound by thisConvention after the conditions for entry into force thereof have beenmet, such consent shall take effect one year after the date of expressionof such consent.Article 30 Reservations

  1 Any State may, at the time of signature, ratification, acceptance,approval or accession, reserve the right not to apply the provisions ofthis Convention:

  (a) when the salvage operation takes place in inland waters andall vessels involved are of inland navigation;

  (b) when the salvage operations take place in inland waters and novessel is involved;

  (c) when all interested parties are nationals of that State;

  (d) when the property involved in maritime cultural property ofprehistoric, archaeological or historic interest and is situated on thesea-bed.

  2 Reservations made at the time of signature are subject toconfirmation upon ratification, acceptance or approval.

  3 Any State which has made a reservation to this Convention maywithdraw it at any time by means of a notification addressed to theSecretary-General. Such withdrawal shall take effect on the date thenotification is received. If the notification states that the withdrawalof a reservation is to take effect on a date specified therein, and suchdate is later than the date the notification is received by theSecretary-General, the withdrawal shall take effect on such later date.Article 31 Denunciation

  1 This Convention may be denounced by any State Party at any timeafter the expiry of one year from the date on which this Convention entersinto force for that State.

  2 Denunciation shall be effected by the deposit of an instrument ofdenunciation with the Secretary-General.

  3 A denunciation shall take effect one year, or such longer period asmay be specified in the instrument of denunciation, after the receipt ofthe instrument of denunciation by the Secretary-General.Article 32 Revision and amendment

  1 A conference for the purpose of revising or amending this Conventionmay be convened by the Organization.

  2 The Secretary-General shall convene a conference of the StatesParties to this Convention for revising or amending the Convention, at therequest of eight States Parties, or one fourth of the States Parties,whichever is the higher figure.

  3 Any consent to be bound by this Convention expressed after the dateof entry into force of an amendment to this Convention shall be deemed toapply to the Convention as amended.Article 33 Depositary

  1 This Convention shall be deposited with the Secretary-General.

  2 The Secretary-General shall:

  (a) inform all States which have signed this Convention or accededthereto, and all Members of the Organization, of:

  (i) each new signature or deposit of an instrument ofratification, acceptance, approval or accession together with the datethereof;

  (ii) the date of the entry into force of this Convention;

  (iii) the deposit of any instrument of denunciation of thisConvention together with the date on which it is received and the date onwhich the denunciation takes effect;

  (iv) any amendment adopted in conformity with Article 32;

  (v) the receipt of any reservation, declaration ornotification made under this Convention;

  (b) transmit certified true copies of this Convention to allStates which have signed this Convention or acceded thereto.

  3 As soon as this Convention enters into force, a certified true copythereof shall be transmitted by the Depositary to the Secretary-General ofthe United Nations for registration and publication in accordance withArticle 102 of the Charter of the United Nations.Article 34 Languages

  This Convention is established in a single original in the Arabic,Chinese, English, French, Russian and Spanish languages, each text beingequally authentic.

  IN WITNESS WHEREOF the undersigned being duly authorized by theirrespective Governments for that purpose have signed this Convention.

  DONE AT LONDON this twenty-eighth day of April one thousand ninehundred and eighty-nine.

  Attachment 1: COMMON UNDERSTANDING CONCERNING ARTICLES 13 AND 14OFTHE INTERNATIONAL CONVENTION ON SALVAGE, 1989

  It is the common understanding of the Conference that, in fixing areward under Article 13 and assessing special compensation under Article14 of the International Convention on Salvage, 1989 the tribunal is underno duty to fix a reward under Article 13 up to the maximum salved value ofthe vessel and other property before assessing the special compensation tobe paid under Article 14.

  Attachment 2: RESOLUTION REQUESTING THE AMENDMENT OF THE YORK-ANTWERP RULES, 1974

  THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,

  HAVING ADOPTED the International Convention on Salvage, 1989,

  CONSIDERING that payments made pursuant to Article 14 are not intendedto be allowed in general average,

  REQUESTS the Secretary-General of the International MaritimeOrganization to take the appropriate steps in order to ensure speedyamendment of the York-Antwerp Rules, 1974, to ensure that specialcompensation paid under Article 14 is not subject to general average.

  Attachment 3: RESOLUTION ON INTERNATIONAL CO-OPERATION FOR THEIMPLEMENTATION OF THE INTERNATIONAL CONVENTION ON SALVAGE, 1989

  THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,

  IN ADOPTING the International Convention on Salvage, 1989 (hereinafterreferred to as “The Convention”),

  CONSIDERING IT DESIRABLE that as many States as possible should becomeParties to the Convention,

  RECOGNIZING that the entry into force of the Convention will representan important additional factor for the protection of the marineenvironment,

  CONSIDERING that the international publicizing and wide implementationof the Convention is of the utmost importance for the attainment of itsobjectives,I. RECOMMENDS:

  (a) that the Organization promote public awareness of the Conventionthrough the holding of seminars, courses or symposia;

  (b) that training institutions created under the auspices of theOrganization include the study of the Convention in their correspondingcourses of study.II. REQUESTS:

  (a) Member States to transmit to the Organization the text of thelaws, orders, decrees, regulations and other instruments that theypromulgate concerning the various matters falling within the scope ofapplication of the Convention;

  (b) Member States, in consultation with the Organization, to promotethe giving of help to those States requesting technical assistance for thedrafting of laws, orders, decrees, regulations and other instrumentsnecessary for the implementation of the Convention; and

  (c) the Organization to notify Member States of any communication itmay receive under paragraph II (a)。

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