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国际救助公约

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2021-01-30 07:06
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2021年1月30日发(作者:猪肠衣)


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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