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国际救助公约
INTERNATIONAL
CONVENTION ON SALV
AGE
THE STATES PARTIES TO THE PRESENT
CONVENTION
,
RECOGINIZING
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
operation 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,
HA
VE
AGREED
as follows:
Chapter I General provisions
Article 1. Definitions
(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 mans 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
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
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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 damager
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
car
to
prevent
or
minimize
damage
to
the
environment;
(c)
whenever circumstancesreasonably
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
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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
person
thereon, to render assistance to any person in
danger of being lost at sea.
2. The
State Parties shall adopt the measures necessary
to enforce the duty set out paragraph
1.
3.
The
owner
of
the
vessel
shall
incur
no
liability
for
a
breach
of
the
duty
of
the
master
under paragraph 1.
Articles 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 salbing the
vessel,
other property and life; (f) the time used and
expenses 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 or rediness 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 e 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 defense.
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