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

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 vesse

l. 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， tak

ing 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 sp

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