INTERNATIONAL CONVENTION ON SALVAGE, 1989
INTERNATIONAL CONVENTION ON SALVAGE, 1989
Whole document
THE 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
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 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.
HAVE AGREED as follows:
Chapter I General provisions
Article 1 Definitions
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
navigation.
(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 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 Plat forms 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
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 danger 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 care to prevent or minimize damage to the environment;
(c) whenever circumstances 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 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 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 persons thereon, to render assistance to any person in
danger of being lost at sea.
2 The States Parties shall adopt the measures necessary to enforce the
duty set out in paragraph 1.
3 The owner of the vessel shall incur no liability for a breach of the
duty of the master under paragraph 1.
Article 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 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 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 of readiness 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 be 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 defence.
3 The rewards, exclusive of any interest and recoverable legal costs
that may be payable thereon, shall not exceed the salved value of the
vessel and other property.
Article 14 Special compensation
1 If the salvor has carried out salvage operations in respect of a
vessel which by itself or its cargo threatened damage to the environment
and has failed to earn a reward under Article 13 at least equivalent to
the special compensation assessable in accordance with this Article, he
shall be entitled to special compensation from the owner of that vessel
equivalent to his expenses as herein defined.
2 If, in the circumstances set out in paragraph 1, the salvor by his
salvage operations has prevented or minimized damage to the environment,
the special compensation payable by the owner to the salvor under
paragraph 1 may be increased up to a maximum of 30% of the expenses
incurred by the salvor. However, the tribunal, if it deems it fair and
just to do so and bearing in mind the relevant criteria set out in Article
13, paragraph 1, may increase such special compensation further, but in no
event shall the total increase be more than 100% of the expenses incurred
by the salvor.
3 Salvor's expenses for the purpose of paragraphs 1 and 2 means the
out-of-pocket expenses reasonably incurred by the salvor in the salvage
operation and a fair rate for equipment and personnel actually and
reasonably used in the salvage operation, taking into consideration the
criteria set out in Article 13, paragraph 1(h), (i) and (j).
4 The total special compensation under this Article shall be paid only
if and to the extent that such compensation is greater than any reward
recoverable by the salvor under Article 13.
5 If the salvor has been negligent and has thereby failed to prevent
or minimize damage to the environment, he may be deprived of the whole or
part of any special compensation due under this Article.
6 Nothing in this Article shall affect any right of recourse on the
part of the owner of the vessel.
Article 15 Apportionment between salvors
1 The apportionment of a reward under Article 13 between salvors shall
be made on the basis of the criteria contained in that Article.
2 The apportionment between the owner, master and other persons in the
service of each salving vessel shall be determined by the law of the flag
of that vessel. If the salvage has not been carried out from a vessel, the
apportionment shall be determined by the law governing the contract
between the salvor and his servants.
Article 16 Salvage of persons
1 No remuneration is due from persons whose lives are saved, but
nothing in this Article shall affect the provisions of national law on
this subject.
2 A salvor of human life, who has taken part in the services rendered
on the occasion of the accident giving rise to salvage, is entitled to a
fair share of the payment awarded to the salvor for salving the vessel or
other 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 the
services rendered exceed what can be reasonably considered as due
performance 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 under
this Convention to the extent that the salvage operations have become
necessary or more difficult because of fault or neglect on his part or if
the salvor has been guilty of fraud or other dishonest conduct.
Article 19 Prohibition of salvage operations
Services rendered notwithstanding the express and reasonable
prohibition of the owner or master of the vessel or the owner of any other
property in danger which is not and has not been on board the vessel shall
not give rise to payment under this Convention.
Chapter IV Claims and actions
Article 20 Maritime lien
1 Nothing in this Convention shall affect the salvor's maritime lien
under any international convention or national law.
2 The salvor may not enforce his maritime lien when satisfactory
security for his claim, including interest and costs, has been duly
tendered or provided.
Article 21 Duty to provide security
1 Upon the request of the salvor a person liable for a payment due
under 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 vessel
shall use his best endeavours to ensure that the owners of the cargo
provide satisfactory security for the claims against them including
interest and costs before the cargo is released.
3 The salved vessel and other property shall not, without the consent
of the salvor, be removed from the port or place at which they first
arrive after the completion of the salvage operations until satisfactory
security has been put up for the salvor's claim against the relevant
vessel 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 such
amount as seems fair and just, and on such terms including terms as to
security where appropriate, as may be fair and just according to the
circumstances of the case.
2 In the event of an interim payment under this Article the security
provided under Article 21 shall be reduced accordingly.
Article 23 Limitation of actions
1 Any action relating to payment under this Convention shall be
time-barred if judicial or arbitral proceedings have not been instituted
within a period of two years. The limitation period commences on the day
on which the salvage operations are terminated.
2 The person against whom a claim is made may at any time during the
running of the limitation period extend that period by a declaration to
the claimant. This period may in the like manner be further extended.
3 An action for indemnity by a person liable may be instituted even
after the expiration of the limitation period provided for in the
preceding paragraphs, if brought within the time allowed by the law of the
State where proceedings are instituted.
Article 24 Interest
The right of the salvor to interest on any payment due under this
Convention shall be determined according to the law of the State in which
the tribunal seized of the case is situated.
Article 25 State-owned cargoes
Unless the State owner consents, no provision of this Convention shall
be used as a basis for the seizure, arrest or detention by any legal
process of, nor for any proceedings in rem against, non-commercial
cargoes owned by a State and entitled, at the time of the salvage
operations, to sovereign immunity under generally recognized principles
of international law.
Article 26 Humanitarian cargoes
No provision of this Convention shall be used as a basis for the
seizure, arrest or detention of humanitarian cargoes donated by a State,
if such State has agreed to pay for salvage services rendered in respect
of such humanitarian cargoes.
Article 27 Publication of arbitral awards
States Parties shall encourage, as far as possible and with the
consent of the parties, the publication of arbitral awards made in salvage
cases.
Chapter V Final clauses
Article 28 Signature, ratification, acceptance, approval and accession
1 This Convention shall be open for signature at the Headquarters of
the Organization from 1 July 1989 to 30 June 1990 and shall thereafter
remain open for accession.
2 States may express their consent to be bound by this Convention by:
(a) signature without reservation as to ratification, acceptance
or 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 by
the 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 on
which 15 States have expressed their consent to be bound by it.
2 For a State which expresses its consent to be bound by this
Convention after the conditions for entry into force thereof have been
met, such consent shall take effect one year after the date of expression
of 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 of
this Convention:
(a) when the salvage operation takes place in inland waters and
all vessels involved are of inland navigation;
(b) when the salvage operations take place in inland waters and no
vessel is involved;
(c) when all interested parties are nationals of that State;
(d) when the property involved in maritime cultural property of
prehistoric, archaeological or historic interest and is situated on the
sea-bed.
2 Reservations made at the time of signature are subject to
confirmation upon ratification, acceptance or approval.
3 Any State which has made a reservation to this Convention may
withdraw it at any time by means of a notification addressed to the
Secretary-General. Such withdrawal shall take effect on the date the
notification is received. If the notification states that the withdrawal
of a reservation is to take effect on a date specified therein, and such
date is later than the date the notification is received by the
Secretary-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 time
after the expiry of one year from the date on which this Convention enters
into force for that State.
2 Denunciation shall be effected by the deposit of an instrument of
denunciation with the Secretary-General.
3 A denunciation shall take effect one year, or such longer period as
may be specified in the instrument of denunciation, after the receipt of
the instrument of denunciation by the Secretary-General.
Article 32 Revision and amendment
1 A conference for the purpose of revising or amending this Convention
may be convened by the Organization.
2 The Secretary-General shall convene a conference of the States
Parties to this Convention for revising or amending the Convention, at the
request of eight States Parties, or one fourth of the States Parties,
whichever is the higher figure.
3 Any consent to be bound by this Convention expressed after the date
of entry into force of an amendment to this Convention shall be deemed to
apply to the Convention as amended.
Article 33 Depositary
1 This Convention shall be deposited with the Secretary-General.
2 The Secretary-General shall:
(a) inform all States which have signed this Convention or acceded
thereto, and all Members of the Organization, of:
(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession together with the date
thereof;
(ii) the date of the entry into force of this Convention;
(iii) the deposit of any instrument of denunciation of this
Convention together with the date on which it is received and the date on
which the denunciation takes effect;
(iv) any amendment adopted in conformity with Article 32;
(v) the receipt of any reservation, declaration or
notification made under this Convention;
(b) transmit certified true copies of this Convention to all
States which have signed this Convention or acceded thereto.
3 As soon as this Convention enters into force, a certified true copy
thereof shall be transmitted by the Depositary to the Secretary-General of
the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.
Article 34 Languages
This Convention is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each text being
equally authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments for that purpose have signed this Convention.
DONE AT LONDON this twenty-eighth day of April one thousand nine
hundred and eighty-nine.
Attachment 1: COMMON UNDERSTANDING CONCERNING ARTICLES 13 AND 14OF THE INTERNATIONAL CONVENTION ON SALVAGE, 1989
It is the common understanding of the Conference that, in fixing a
reward under Article 13 and assessing special compensation under Article
14 of the International Convention on Salvage, 1989 the tribunal is under
no duty to fix a reward under Article 13 up to the maximum salved value of
the vessel and other property before assessing the special compensation to
be paid under Article 14.
Attachment 2: RESOLUTION REQUESTING THE AMENDMENT OF THE YORK-ANTWERP RULES, 1974
THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,
HAVING ADOPTED the International Convention on Salvage, 1989,
CONSIDERING that payments made pursuant to Article 14 are not intended
to be allowed in general average,
REQUESTS the Secretary-General of the International Maritime
Organization to take the appropriate steps in order to ensure speedy
amendment of the York-Antwerp Rules, 1974, to ensure that special
compensation paid under Article 14 is not subject to general average.
Attachment 3: RESOLUTION ON INTERNATIONAL CO-OPERATION FOR THEIMPLEMENTATION OF THE INTERNATIONAL CONVENTION ON SALVAGE, 1989
THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,
IN ADOPTING the International Convention on Salvage, 1989 (hereinafter
referred to as "The Convention"),
CONSIDERING IT DESIRABLE that as many States as possible should become
Parties to the Convention,
RECOGNIZING that the entry into force of the Convention will represent
an important additional factor for the protection of the marine
environment,
CONSIDERING that the international publicizing and wide implementation
of the Convention is of the utmost importance for the attainment of its
objectives,
I. RECOMMENDS:
(a) that the Organization promote public awareness of the Convention
through the holding of seminars, courses or symposia;
(b) that training institutions created under the auspices of the
Organization include the study of the Convention in their corresponding
courses of study.
II. REQUESTS:
(a) Member States to transmit to the Organization the text of the
laws, orders, decrees, regulations and other instruments that they
promulgate concerning the various matters falling within the scope of
application of the Convention;
(b) Member States, in consultation with the Organization, to promote
the giving of help to those States requesting technical assistance for the
drafting of laws, orders, decrees, regulations and other instruments
necessary for the implementation of the Convention; and
(c) the Organization to notify Member States of any communication it
may receive under paragraph II (a).
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