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

ecial compensation assessable in accordance with this Article， heshall be entitled to special compensation from the owner of that vesselequivalent to his expenses as herein defined.

　　2 If， in the circumstances set out in paragraph 1， the salvor by hissalvage operations has prevented or minimized damage to the environment，the special compensation payable by the owner to the salvor underparagraph 1 may be increased up to a maximum of 30% of the expensesincurred by the salvor. However， the tribunal， if it deems it fair andjust to do so and bearing in mind the relevant criteria set out in Article13， paragraph 1， may increase such special compensation further， but in noevent shall the total increase be more than 100% of the expenses incurredby the salvor.

　　3 Salvor's expenses for the purpose of paragraphs 1 and 2 means theout-of-pocket expenses reasonably incurred by the salvor in the salvageoperation and a fair rate for equipment and personnel actually andreasonably used in the salvage operation， taking into consideration thecriteria set out in Article 13， paragraph 1（h）， （i） and （j）。

　　4 The total special compensation under this Article shall be paid onlyif and to the extent that such compensation is greater than any rewardrecoverable by the salvor under Article 13.

　　5 If the salvor has been negligent and has thereby failed to preventor minimize damage to the environment， he may be deprived of the whole orpart of any special compensation due under this Article.

　　6 Nothing in this Article shall affect any right of recourse on thepart of the owner of the vessel.Article 15 Apportionment between salvors

　　1 The apportionment of a reward under Article 13 between salvors shallbe made on the basis of the criteria contained in that Article.

　　2 The apportionment between the owner， master and other persons in theservice of each salving vessel shall be determined by the law of the flagof that vessel. If the salvage has not been carried out from a vessel， theapportionment shall be determined by the law governing the contractbetween the salvor and his servants.Article 16 Salvage of persons

　　1 No remuneration is d

ue from persons whose lives are saved， butnothing in this Article shall affect the provisions of national law onthis subject.

　　2 A salvor of human life， who has taken part in the services renderedon the occasion of the accident giving rise to salvage， is entitled to afair share of the payment awarded to the salvor for salving the vessel orother property or preventing or minimizing damage to the environment.Article 17 Services rendered under existing contracts

　　No payment is due under the provisions of this Convention unless theservices rendered exceed what can be reasonably considered as dueperformance of a contract entered into before the danger arose.Article 18 The effect of salvor's misconduct

　　A salvor may be deprived of the whole or part of the payment due underthis Convention to the extent that the salvage operations have becomenecessary or more difficult because of fault or neglect on his part or ifthe salvor has been guilty of fraud or other dishonest conduct.Article 19 Prohibition of salvage operations

　　Services rendered notwithstanding the express and reasonableprohibition of the owner or master of the vessel or the owner of any otherproperty in danger which is not and has not been on board the vessel shallnot give rise to payment under this Convention.

　　Chapter IV Claims and actionsArticle 20 Maritime lien

　　1 Nothing in this Convention shall affect the salvor's maritime lienunder any international convention or national law.

　　2 The salvor may not enforce his maritime lien when satisfactorysecurity for his claim， including interest and costs， has been dulytendered or provided.Article 21 Duty to provide security

　　1 Upon the request of the salvor a person liable for a payment dueunder this Convention shall provide satisfactory security for the claim，including interest and costs of the salvor.

　　2 Without prejudice to paragraph 1， the owner of the salved vesselshall use his best endeavours to ensure that the owners of the cargoprovide satisfactory security for the claims against them includinginterest and costs before the cargo is released.

　　3 The salved vessel and other property shall not， without the consentof the salvor， be removed from the port or place at which they firstarrive after the completion of the salvage operations until satisfactorysecurity has been put up for the salvor's claim against the relevantvessel or property.Article 22 Interim payment

　　1 The tribunal having jurisdiction over the claim of the salvor may，by interim decision， order that the salvor shall be paid on account suchamount as seems fair and just， and on such terms including terms as tosecurity where appropriate， as may be fair and just according to thecircumstances of the case.

　　2 In the event of an interim payment under this Article the securityprovided under Article 21 shall be reduced accordingly.Article 23 Limitation of actions

　　1 Any action relating to payment under this Convention shall betime-barred if judicial or arbitral proceedings have not been institutedwithin a period of two years. The limitation period commences on the dayon which the salvage operations are terminated.

　　2 The person against whom a claim is made may at any time during therunning of the limitation period extend that period by a declaration tothe claimant. This period may in the like manner be further extended.

　　3 An action for indemnity by a person liable may be instituted evenafter the expiration of the limitation period provided for in thepreceding paragraphs， if brought within the time allowed by the law of theState where proceedings are instituted.Article 24 Interest

　　The right of the salvor to interest on any payment due under thisConvention shall be determined according to the law of the State in whichthe tribunal seized of the case is situated.Article 25 State-owned cargoes

　　Unless the State owner consent

s， no provision of this Convention shallbe used as a basis for the seizure， arrest or detention by any legalprocess of， nor for any proceedings in rem against， non-commercialcargoes owned by a State and entitled， at the time of the salvageoperations， to sovereign immunity under generally recognized principlesof international law.Article 26 Humanitarian cargoes

　　No provision of this Convention shall be used as a basis for theseizure， arrest or detention of humanitarian cargoes donated by a State，if such State has agreed to pay for salvage services rendered in respectof such humanitarian cargoes.Article 27 Publication of arbitral awards

　　States Parties shall encourage， as far as possible and with theconsent of the parties， the publication of arbitral awards made in salvagecases.

　　Chapter V Final clausesArticle 28 Signature， ratification， acceptance， approval and accession

　　1 This Convention shall be open for signature at the Headquarters ofthe Organization from 1 July 1989 to 30 June 1990 and shall thereafterremain open for accession.

　　2 States may express their consent to be bound by this Convention by：

　　（a） signature without reservation as to ratification， acceptanceor approval； or

　　（b） signature subject to ratification， acceptance or approval，followed by ratification， acceptance or approval； or

　　（c） accession.

　　3 Ratification， acceptance， approval or accession shall be effected bythe deposit of an instrument to that effect with the Secretary-General.Article 29 Entry into force

　　1 This Convention shall enter into force one year after the date onwhich 15 States have expressed their consent to be bound by it.

　　2 For a State which expresses its consent to be bound by thisConvention after the conditions for entry into force thereof have beenmet， such consent shall take effect one year after the date of expressionof such consent.Article 30 Reservations

　　1 Any State may， at the time of signature， ratification， acceptance，approval or accession， reserve the right not to apply the provisions ofthis Convention：

　　（a） when the salvage operation takes place in inland waters andall vessels involved are of inland navigation；

　　（b） when the salvage operations take place in inland waters and novessel is involved；

　　（c） when all interested parties are nationals of that State；

　　（d） when the property involved in maritime cultural property ofprehistoric， archaeological or historic interest and is situated on thesea-bed.

　　2 Reservations made at the time of signature are subject toconfirmation upon ratification， acceptance or approval.

　　3 Any State which has made a reservation to this Convention maywithdraw it at any time by means of a notification addressed to theSecretary-General. Such withdrawal shall take effect on the date thenotification is received. If the notification states that the withdrawalof a reservation is to take effect on a date specified therein， and suchdate is later than the date the notification is received by theSecretary-General， the withdrawal shall take effect on such later date.Article 31 Denunciation

　　1 This Convention may be denounced by any State Party at any timeafter the expiry of one year from the date on which this Convention entersinto force for that State.

　　2 Denunciation shall be effected by the deposit of an instrument ofdenunciation with the Secretary-General.

　　3 A denunciation shall take effect one year， or such longer period asmay be specified in the instrument of denunciation，

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