IMO I450E-1989 INTERNATIONAL CONFERENCE ON SALVAGE (1989) FINAL ACT OF THE CONFERENCE AND CONVENTION ON SALVAGE.pdf

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1、 INTERNATIONAL CONFERENCE ON SALVAGE (1 989) FINAL ACT OF THE CONFERENCE AND CONVENTION ON SALVAGE INTERNATIONAL MARITIME ORGANIZATION London, 1989 First published in 1989 by the INTEKNATIONAL MARITIME ORGANIZATION 4 Albert Eiiibaiiktnerit, London SE1 7SR Printed by the International Maritime Organi

2、zation, London 10 ISBN 92-801-1251-1 IMO PUBLICATION Copyright 0 IMO 1989 FOREWORD This publication contains the texts of the acts adopted by the International Conference on Salvage, which was held under the auspices of the International Maritime Organization (IMO) from 17 to 28 April 1989. In addit

3、ion to the Final Act, the Conference adopted the International Convention on Salvage, 1989. The Conference also adopted a Common Understanding concerning articles 13 and 14 of the Convention, and two resolutions dealing respectively with the amendment of the York-Antwerp Rules of 1974 and internatio

4、nal co-operation for the implementation of the 1989 Salvage Convention. The texts of the Common Understanding and the two resolutions are annexed to the Final Act as Attachments 1, 2 and 3. iii CONTENTS Page on Salvage, 1989 . 1 Final Act of the International Conference International Convention on S

5、alvage, 1989. . 7 Attachment I - Common Understanding concerning Articles 13 and i4 of the International Convention on Salvage, 1989 . 23 Attachment 2 - Resolution requesting the amendment of the York-Antwerp Rules, 1974 24 Attachment 3 - Resolution on interntional co-operation for the implementatio

6、n of the International Convention on Salvage, 1989 . 25 V Final Act of the International Conference on Salvage, 1989 1 In accordance with Article 2(b) of the Convention on the International Maritime Organization, the Council of the Organization decided, at its fourteenth extraordinary session in Nov

7、ember 1987, to convene an international conference to consider the adoption of a new convention on the law of salvage. This decision was endorsed by the Assembly of the Organization at its fifteenth regular session by resolution A.633(15) of 20 November 1987 on the work programme and budget for the

8、fifteenth financial period 1988-1989. 2 International Maritime Organization, from 17 to 28 April 1989. The Conference was held in London, at the Headquarters of the 3 Representatives of 66 States participated in the Conference, namely the representatives of: Algeria Argentina Australia Bahamas Barba

9、dos Belgium Brazil Bulgaria Canada Chile China Colombia Congo Cte dIvoire Cuba Cyprus Czechoslovakia Democratic Peoples Republic of Korea Democratic Yemen Denmark Ecuador Egypt Finland France Gabon German Democratic Republic Germany, Federal Republic of Ghana Greece Hungary India Indonesia Iran (Isl

10、amic Republic of) Ireland Israel Italy Japan Kiribati Kuwait Liberia Malaysia Marshall Islands Mexico Morocco Netherlands Nigeria Norway Panama Peru Poland Portugal Republic of Korea Saudi Arabia 1 Seychelles Spain and Northern Ireland Sweden United States of America Switzerland Uruguay Tunisia Vene

11、zuela Turkey Yugoslavia Union of Soviet Socialist Zaire United Kingdom of Great Britain Republics 4 The following State sent an observer to the Conference: Romania 5 Hong Kong, an Associate Member of the Intemational Maritime Organization, sent observers to the Conference. 6 the Conference: A repres

12、entative of the following body of the United Nations attended Office of the United Nations High Commissioner for Refugees (UNHCR) 7 Conference: The following two intergovernmental organizations sent observers to the International Oil Pollution Compensation Fund (IOPC FUND) Arab Federation of Shippin

13、g (AFS) 8 observers to the Conference: The following 19 non-governmental international organizations sent International Chamber of Shipping (ICs) International Union of Marine Insurance (IUMI) International Maritime Committee (CMI) International Association of Ports and Harbors (IAPH) Baltic and Int

14、ernational Maritime Council (BIMCO) Latin American Shipowners Association (LASA) Oil Companies International Marine Forum (OCIMF) European Tugowners Association (ETA) International Shipowners Association (INSA) Friends of the Earth International (FOEI) International Association of Drilling Contracto

15、rs (IADC) International Salvage Union (ISU) Oil Industry International Exploration draft final clauses for the Convention on Salvage, prepared by the Secretariat of the Organization. - 17 Also before the Conference were a number of documents, comments and observations, including proposed amendments,

16、 submitted by Governments and interested organizations in relation to the draft Convention. 18 As a result of its deliberations based on the reports of the Committee of the Whole, the Committee on Final Clauses and other committees, the Conference adopted the: International Convention on Salvage, 19

17、89 4 As far as the French text of this Final Act and of the above-mentioned Convention is concerned, the Conference decided that the term “assistance” means “lassistance aux navires et le sauvetage des personnes et des biens”. 19 The Conference also adopted a Common Understanding concerning articles

18、 13 and 14 of the International Convention on Salvage, 1989 which is contained in attachment 1 to this Final Act. 20 The Conference further adopted the following resolutions: - Resolution requesting the amendment of the York-Antwerp Rules, 1974 Resolution on international co-operation for the implem

19、entation of the International Convention on Salvage, 1989 These resolutions are contained in attachments 2 and 3 to this Final Act, respectively. - 21 This Final Act is established in a single original text in the Arabic, Chinese, English, French, Russian and Spanish languages which is to be deposit

20、ed with the Secretary-General of the International Maritime Organization. 22 The Secretary-General shall send certified copies of this Final Act with its Attachments and certified copies of the authentic texts of the Convention to the Governments of the States invited to be represented at the Confer

21、ence, in accordance with the wishes of those Governments. IN WITNESS WHEREOF the undersigned* have affixed their signature to this Final Act. DONE IN LONDON this twenty-eighth day of April, one thousand nine hundred and eighty-nine. * Signatures omitted. 5 INTERNATIONAL CONVENTION ON SALVAGE, 1989 T

22、HE 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

23、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

24、 of vessels and other property in danger and t 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 PROVISI

25、ONS Article 1 De finitions 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 navigati

26、on. 7 (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

27、 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. Artic

28、le 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

29、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

30、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. 8 2 Where a State Party decides to apply the Convention to its warships or other vessels described in paragrap

31、h 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 b

32、y 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 perfo

33、rm 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 other

34、wise 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 boar

35、d the vessel. 3 to prevent or minimize damage to the environment. Nothing in this article shall affect the application of article 7 nor duties Article 7 Annulment and modifcation of contracts A contract or any terms thereof may be annulled or modified if: (a) the contract has been entered into under

36、 undue influence or the influence of danger and its terms are inequitable; or 9 (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 m

37、aster 1 in danger: The salvor shall owe a duty to the owner of the vessel or other property (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 circumstanc

38、es 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 f

39、ound that such a request was unreasonable. 2 danger shall owe a duty to the salvor: The owner and master of the vessel or the owner of other property in (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 t

40、o 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. 10 Article 9 Rights of coastal States Nothing in this Convention shall affect the right of the coastal State concerned to take me

41、asures 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 co

42、nsequences, including the right of a coastal State to give directions in relation to salvagc: 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 bei

43、ng lost at sea. 2 set out in paragraph 1. The States Parties shall adopt the measures necessary to enforce the duty 3 of the master under paragraph 1. The owner of the vessel shall incur no liability for a breach of the duty Article 11 Co-operation A State Party shall, whenever regulating or decidin

44、g upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions 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 pe

45、rformance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general. 11 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 if the sa

46、lvage operations have had no useful result. Except as otherwise provided, no payment is due under this Convention 3 vessel undertaking the salvage operations belong to the same owner. This chapter shall apply, notwithstanding that the salved vessel and the Article 13 Criteria for fixing the reward 1

47、 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 minimiz

48、ing 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; (8) the risk of liabi

49、lity and other risks run by the salvors or their equipment; (h) the promptness of the services rendered; 12 (i) the availability and use of vessels or other equipment intended for salvage operations; fi) the state of readiness and efficiency of the salvors 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 mad