IMO IA444E-2007 Limitation of Liability for Maritime Claims (Second Edition).pdf

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1、 Limitation of Liabilityfor Maritime Claims, 1976Convention on Limitation of Liabilityfor Maritime Claims, 1976 andLLMC Protocol 1996Consolidated text of substantive provisionsof the Convention on Limitation of Liabilityfor Maritime Claims, 1976BINTERNATIONALMARITIMEORGANIZATIONLondon, 2007First pub

2、lished in 1977by the INTERNATIONAL MARITIME ORGANIZATION4 Albert Embankment, London SE1 7SRSecond edition 2007Printed in the United Kingdom by MPG Books24681097531ISBN 978-92-801-1058-6IMO PUBLICATIONSales number: IA444ECopyright # International Maritime Organization 2007All rights reserved.No part

3、of this publication may be reproduced,stored in a retrieval system or transmitted in any formor by any means without prior permission in writing from theInternational Maritime Organization.ForewordThe Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC1976) was adopted at the Inter

4、national Conference on Limitation of Liability forMaritime Claims held in London, from 1 to 19 November 1976, at the invitationof the Inter-Governmental Maritime Consultative Organization (IMCO), nowInternational Maritime Organization (IMO). LLMC 1976 entered into force on1 December 1986 and, as at

5、31 March 2007, 51 States have become Parties to it.The Protocol of 1996 to amend LLMC 1976 (1996 LLMC Protocol) wasadopted at the International Conference on Hazardous and Noxious Substancesand Limitation of Liability, 1996 held in London from 15 April to 3 May 1996,at the invitation of IMO. The 199

6、6 LLMC Protocol entered into force on13 May 2004 and, as at 31 March 2007, 25 States have become Parties to it. TheProtocol provides for enhanced compensation, as well as for a simplified proce-dure of updating the limitation amounts.Article 9 of the 1996 LLMC Protocol requires, among other things,

7、that, asbetween the Parties thereto, LLMC 1976 and the LLMC 1996 Protocol be readand interpreted together as one single instrument.This publication contains the texts of the 1976 Convention and the 1996Protocol. For practical purposes, a consolidated text of the substantive provisionsof the Conventi

8、on as amended by the Protocol is also included.iiiContentsPageConvention on Limitation of Liabilityfor Maritime Claims, 1976 . . . . . . . . . . . . . . . . . . . . . . . 1LLMC Protocol 1996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Consolidated text of the substantive provision

9、s of the Conventionon Limitation of Liability for Maritime Claims, 1976as amended by the 1996 Protocol thereto . . . . . . . . . . . . . 23Chapter I. The right of limitation . 23Article 1 Persons entitled to limit liability . 23Article 2 Claims subject to limitation 24Article 3 Claims excepted from

10、limitation . 24Article 4 Conduct barring limitation. 25Article 5 Counterclaims . . . . . 25Chapter II. Limits of liability 25Article 6 The general limits . . . 25Article 7 The limit for passenger claims. . . 26Article 8 Unit of Account . . . . 27Article 9 Aggregation of claims 28Article 10 Limitatio

11、n of liability without constitutionof a limitation fund . . 29Chapter III. The limitation fund. . 29Article 11 Constitution of the fund . . 29Article 12 Distribution of the fund. . . 30Article 13 Bar to other actions. . 30Article 14 Governing law . . . . . 31Chapter IV. Scope of application . 31Arti

12、cle 15. 31(Chapter V. Articles 16-23 have been omitted.)vConvention on Limitation of Liabilityfor Maritime Claims, 1976THE STATES PARTIES TO THIS CONVENTION,HAVING RECOGNIZED the desirability of determining by agreement certainuniform rules relating to the limitation of liability for maritime claims

13、,HAVE DECIDED to conclude a Convention for this purpose and have theretoagreed as follows:Chapter IThe right of limitationArticle 1Persons entitled to limit liability1. Shipowners and salvors, as hereinafter defined, may limit their liability inaccordance with the rules of this Convention for claims

14、 set out in Article 2.2. The term shipowner shall mean the owner, charterer, manager andoperator of a seagoing ship.3. Salvor shall mean any person rendering services in direct connection withsalvage operations. Salvage operations shall also include operations referred to inArticle 2, paragraph 1(d)

15、, (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 beentitled to avail himself of the limitation of liability provided for in thisConvention.5. In this Convention the liability of

16、a shipowner shall include liability in anaction brought against the vessel herself.6. An insurer of liability for claims subject to limitation in accordance with therules of this Convention shall be entitled to the benefits of this Convention to thesame extent as the assured himself.7. The act of in

17、voking limitation of liability shall not constitute an admissionof liability.1Article 2Claims subject to limitation1. Subject to Articles 3 and 4 the following claims, whatever the basis ofliability may be, shall be subject to limitation of liability:(a) claims in respect of loss of life or personal

18、 injury or loss of or damageto property (including damage to harbour works, basins andwaterways and aids to navigation), occurring on board or in directconnection with the operation of the ship or with salvage operations,and consequential loss resulting therefrom;(b) claims in respect of loss result

19、ing from delay in the carriage by sea ofcargo, passengers or their luggage;(c) claims in respect of other loss resulting from infringement of rightsother than contractual rights, occurring in direct connection with theoperation of the ship or salvage operations;(d) claims in respect of the raising,

20、removal, destruction or the renderingharmless 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 renderingharmless of the cargo of the ship;(f) claims of a person other than the pe

21、rson liable in respect of measurestaken in order to avert or minimize loss for which the person liablemay limit his liability in accordance with this Convention, and furtherloss caused by such measures.2. Claims set out in paragraph 1 shall be subject to limitation of liability even ifbrought by way

22、 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 tolimitation of liability to the extent that they relate to remuneration under acontract with the person liable.Article 3Claims excepted from limitationThe rules

23、 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 theInternational Convention on Civil Liability for Oil PollutionDamage, dated 29 November 1969 or of any amendment or Protocolthereto which is in

24、 force;(c) claims subject to any international convention or national legislationgoverning or prohibiting limitation of liability for nuclear damage;2(d) claims against the shipowner of a nuclear ship for nuclear damage;(e) claims by servants of the shipowner or salvor whose duties areconnected with

25、 the ship or the salvage operations, including claims oftheir heirs, dependants or other persons entitled to make such claims,if under the law governing the contract of service between theshipowner or salvor and such servants the shipowner or salvor is notentitled to limit his liability in respect o

26、f such claims, or if he is bysuch law only permitted to limit his liability to an amount greater thanthat provided for in Article 6.Article 4Conduct barring limitationA person liable shall not be entitled to limit his liability if it is proved that the lossresulted from his personal act or omission,

27、 committed with the intent to causesuch loss, or recklessly and with knowledge that such loss would probably result.Article 5CounterclaimsWhere a person entitled to limitation of liability under the rules of thisConvention has a claim against the claimant arising out of the same occurrence,their res

28、pective claims shall be set off against each other and the provisions of thisConvention shall only apply to the balance, if any.Chapter IILimits of liabilityArticle 6The general limits1. The limits of liability for claims other than those mentioned in Article 7,arising on any distinct occasion, shal

29、l 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 notexceeding 500 tons,(ii) for a ship with a tonnage in excess thereof, the followingamount in addition to that mentioned in (i):for each ton from 501 to 3,0

30、00 tons, 500 Units of Account;for each ton from 3,001 to 30,000 tons, 333 Units of Account;3for each ton from 30,001 to 70,000 tons, 250 Units of Account;andfor 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 t

31、onnage notexceeding 500 tons,(ii) for a ship with a tonnage in excess thereof the following amountin addition to that mentioned in (i):for each ton from 501 to 30,000 tons, 167 Units of Account;for each ton from 30,001 to 70,000 tons, 125 Units of Account;andfor each ton in excess of 70,000 tons, 83

32、 Units of Account.2. Where the amount calculated in accordance with paragraph 1(a) isinsufficient to pay the claims mentioned therein in full, the amount calculatedin accordance with paragraph 1(b) shall be available for payment of the unpaidbalance of claims under paragraph 1(a) and such unpaid bal

33、ance shall rank rateablywith claims mentioned under paragraph 1(b).3. However, without prejudice to the right of claims for loss of life or personalinjury according to paragraph 2, a State Party may provide in its national law thatclaims in respect of damage to harbour works, basins and waterways an

34、d aids tonavigation shall have such priority over other claims under paragraph 1(b) as isprovided by that law.4. The limits of liability for any salvor not operating from any ship or for anysalvor operating solely on the ship to, or in respect of which he is renderingsalvage services, shall be calcu

35、lated according to a tonnage of 1,500 tons.5. For the purpose of this Convention the ships tonnage shall be the grosstonnage calculated in accordance with the tonnage measurement rules containedin Annex I of the International Convention on Tonnage Measurement of Ships,1969.Article 7The limit for pas

36、senger claims1. In respect of claims arising on any distinct occasion for loss of life orpersonal injury to passengers of a ship, the limit of liability of the shipownerthereof shall be an amount of 46,666 Units of Account multiplied by the numberof passengers which the chip is authorized to carry a

37、ccording to the shipscertificate, but not exceeding 25 million Units of Account.2. For the purpose of this Article claims for loss of life or personal injury topassengers of a ship shall mean any such claims brought by or on behalf of anyperson carried in that ship:4(a) under a contract of passenger

38、 carriage, or(b) who, with the consent of the carrier, is accompanying a vehicle or liveanimals which are covered by a contract for the carriage of goods.Article 8Unit of Account1. The Unit of Account referred to in Articles 6 and 7 is the Special DrawingRight as defined by the International Monetar

39、y Fund. The amounts mentionedin Articles 6 and 7 shall be converted into the national currency of the State inwhich limitation is sought, according to the value of that currency at the date thelimitation fund shall have been constituted, payment is made, or security is givenwhich under the law of th

40、at State is equivalent to such payment. The value of anational currency in terms of the Special Drawing Right, of a State Party which isa member of the International Monetary Fund, shall be calculated in accordancewith the method of valuation applied by the International Monetary Fund ineffect at th

41、e date in question for its operations and transactions. The value of anational currency in terms of the Special Drawing Right, of a State Party which isnot a member of the International Monetary Fund, shall be calculated in amanner determined by that State Party.2. Nevertheless, those States which a

42、re not members of the InternationalMonetary Fund and whose law does not permit the application of the provisionsof paragraph 1 may, at the time of signature without reservation as to ratification,acceptance or approval or at the time of ratification, acceptance, approval oraccession or at any time t

43、hereafter, declare that the limits of liability provided forin this Convention to be applied in their territories shall be fixed as follows:(a) in respect of Article 6, paragraph 1(a) at an amount of:(i) 5 million monetary units for a ship with a tonnage notexceeding 500 tons;(ii) for a ship with a

44、tonnage in excess thereof, the followingamount in addition to that mentioned in (i):for each ton from 501 to 3,000 tons, 7,500 monetary units;for each ton from 3,001 to 30,000 tons, 5,000 monetary units;for each ton from 30,001 to 70,000 tons, 3,750 monetary units;andfor each ton in excess of 70,000

45、 tons, 2,500 monetary units; and(b) in respect of Article 6, paragraph 1(b), at an amount of:(i) 2.5 million monetary units for a ship with a tonnage notexceeding 500 tons;5(ii) for a ship with a tonnage in excess thereof, the followingamount in addition to that mentioned in (i):for each ton from 50

46、1 to 30,000 tons, 2,500 monetary units;for each ton from 30,001 to 70,000 tons, 1,850 monetary units;andfor each ton in excess of 70,000 tons, 1,250 monetary units; and(c) in respect of Article 7, paragraph 1, at an amount of 700,000monetary units multiplied by the number of passengers which theship

47、 is authorized to carry according to its certificate, but notexceeding 375 million monetary units.Paragraphs 2 and 3 of Article 6 apply correspondingly to subparagraphs (a) and (b)of this paragraph.3. The monetary unit referred to in paragraph 2 corresponds to sixty-five and ahalf milligrammes of go

48、ld of millesimal fineness nine hundred. The conversion ofthe amounts referred to in paragraph 2 into the national currency shall be madeaccording to the law of the State concerned.4. The calculation mentioned in the last sentence of paragraph 1 and theconversion mentioned in paragraph 3 shall be mad

49、e in such a manner as toexpress in the national currency of the State Party as far as possible the same realvalue for the amounts in Articles 6 and 7 as is expressed there in units of account.States Parties shall communicate to the depositary the manner of calculationpursuant to paragraph 1, or the result of the conversion in paragraph 3, as the casemay be, at the time of the signature without reservation as to ratification,acceptance or approval, or when depositing an instrument referred to in Article16 and whenever