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1、第五章救助合同 5-1 国际救助公约INTERNATIONAL CONVENTION ON SALV AGETHE 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 prote
2、ction 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 a
3、nd 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,H
4、AVE AGREED as follows:Chapter I General provisionsArticle 1. DefinitionsFor 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
5、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 w
6、aters 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 Secretar
7、y General of the Organization.Article 2. Application of the ConventionThis 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 unitsThis Convention shall not apply to fixed o
8、r 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 vessels1. Without prejudice to Article 5, this Convention shall not apply to warships or o
9、ther 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 oth
10、er 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 authorities1. This Convention shall not affect any provisions of national law or any international convention
11、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
12、 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 contracts1. This Convention shall apply to any salvage operations save to
13、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 t
14、he 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 contractsA Contract or any terms thereof may be annulled or modified if: (a) the cont
15、ract 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 operationArticle 8. Duties of the sal
16、vor and of the owner and master1. 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
