Convention for the Unification of Certain Rules of law Relating to Assistance and Salvage at Sea in United States

Convention for the Unification of Certain Rules of law Relating to Assistance and Salvage at Sea

His Majesty the German Emperor, King of Prussia, in the name of the
German Empire; the President of the Argentine Republic; His Majesty the
Emperor of Austria, King of Bohemia, etc. and Apostolic King of Hungary;
His Majesty the King of the Belgians; the President of the United States of
Brazil; the President of the Republic of Chile; the President of the
Republic of Cuba; His Majesty the King of Denmark; His Majesty the
King of Spain; the President of the United States of America; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions Beyond the Seas, Emperor of
India; His Majesty the King of the Hellenes; His Majesty the King of Italy;
His Majesty the Emperor of Japan; the President of the United Mexican
States; the President of the Republic of Nicaragua; His Majesty the King of
Norway; Her Majesty the Queen of the Netherlands; His Majesty the King
of Portugal and of the Algarves; His Majesty the King of Roumania; His
Majesty the Emperor of All the Russias; His Majesty the King of Sweden;
the President of the Republic of Uruguay,

Having recognized the utility of establishing in common accord certain
uniform rules with respect to Assistance and Salvage at Sea, have decided to
conclude a Convention to that effect and appointed as their
Plenotentiaries, to wit:

His Majesty the German Emperor, King of Prussia, in the name of the
German Empire:
Mr. Kracker von Schwartzenfeldt, Charge d’Affaires of Germany at
Brussels.
Dr. Struckmann, Regency High Privy Councillor, reporting Counsellor at
the Department of justice.
The President of the Argentine Republic:
His Excellency A. Blancas, Envoy Extraordinary and Minister Plenipoten-
tiary of the Argentine Republic near the King of the Belgians.
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic
King of Hungary:
For Austria and Hungary:
His Excellency Count von Clary et Aldringen, His Envoy Extraordinary
and Minister Plenipotentiary near the King of the Belgians.
For Austria:
Dr. Stephen Worms, Section Counsellor at the Imperial and Royal Aus-
trian Ministry of Commerce.
For Hungary:
Dr. Francois de Nagy, Secretary of State on the retired list, Ordinary Pro-
fessor at the Royal University of Budapest, Member of the Hungarian Cham-
ber of Deputies.
His Majesty the King of the Belgians:
Mr. Beernaert, Minister of State, President of the International Maritime
Committee.
Mr. Capelle, Envoy Extraordinary and Minister Plenipotentiary, Director
General of Trade Relations and the Consular Service at the Ministry of For-
eign Affairs.
Mr. Ch. Le jeune, Vice President of the International Maritime
Committee.
Mr. Louis Franck, Member of the House of Representatives, Secretary
General of the International Maritime Committee.
Mr. P. Segers, Member of the House of Representatives.
The President of the United States of Brazil:
Dr. Roderigo Octavio de Langgaard Menezes, Professor of the Free Faculty
of judicial and Social Sciences of Rio de Janeiro, Member of the Brazilian
Academy.
The President of the Republic of Chile:
His Excellency F. Puga-Borne, Envoy Extraordinary and Minister Pleni-
potentiary of the Republic of Chile near His Majesty the Kinc, of the
Belgians.
The President of the Republic of Cuba:
Mr. Francisco Zayas y Alfonso, ‘Minister Resident of the Republic of Cuba
at Brussels.
His Majesty the King of Denmark:
Mr. W. de Grevenkop Castenskiold, Minister Resident of Denmark at
Brussels.
Mr. Herman Barclay Halkier, member of the bar of the Supreme Court of
Denmark.
His Majesty the King of Spain:
His Excellency de Baguer y Corsi, His Envoy Extraordinary and Minister
Plenipotentiary near His Majesty the King of the Belgians.
Don Juan Spottorno, Auditor General of the Royal Navy.
Don Ramon Sanchez Ocafia, Chief of Division of the Ministry of Justice,
former Magistrate of the territorial audiencia court.
Don Faustino Alvarez del ifanzano, Professor of the Central University
of Madrid.
The President of the United States of America:
Mr. Walter C. Noyes, judge of the Circuit Court of the United States at
New York.
Mr. Charles C. Burlingham, attorney at law, of New York.
Mr. A. J. Montague, former Governor of the State of Virginia.
Mr. Edwin W. Smith, attorney at law of Pittsburgh.
The President of the French Republic:
His Excellencv M. Beau, EnN-ov Extraordinary and Minister Plenipoten-
tiary of the French Republic near His Majesty the King of the Belgians.
Mr. Lyon-Caen, member of the Institute, Professor of the Faculty of Law
of Paris and of the School of Political Science, President of the French
Association of Maritime Law.
His Majesty the King of the United Kingdom of Great Britain and Ireland
and of the British Dominions Bevond the Seas, Emperor of India:
His Excellency Sir Arthur Hardinoe, K. C. B., K. C. M. G., His Envoy
Extraordinary and Minister Plenipotentiary near His Majesty the King of
the Belgians.
The Honorable Sir William Pickford, justice of the High Court of
London.
Mr. Leslie Scott, King’s counsel, of London.
The Honorable Hugh Godley, barrister, of London.
His Majesty the King of the Hellenes:
Mr. George Diobouniotis, Professor of the University of Athens.
His Majesty the King of Italy:
Prince de Castagneto Caracciolo, Charg6 d’Affaires of Italy at Brussels.
Mr. Francois Berlingieri, attorney at law, Professor of the University of
Genoa.
Mr. Francois Mirelli, Councillor of the Court of Appeals of Naples.
Mr. Cesar Vivante, Professor of the University of Rome.
His Majesty the Emperor of Japan:
His Excellency K. Nabeshima, His Envoy Extraordinary and Minister
Plenipotentiary near His Majesty the King of the Belgians.
Mr. Yoshiyuki Irie, Attorney and Counsellor of the Ministry of justice
of Japan.
Mr. Takeyuki Ishikawa, Chief of the Division of Maritime Affairs at the
Office of Communications of Japan.
Mr. M. Matsuda, Second Secretary of the Legation of Japan at Brussels.
The President of the United Mexican States:
His Excellency Olarte, Envoy Extraordinary and Minister Plenipotentiary
of the United Mexican States near His Majesty the King of the Belgians.
Mr. Victor Manuel Castillo, lawyer, Member of the Senate.
The President of the Republic of Nicaragua:
Mr. L. Vallez, Consul General of the Republic of Nicaragua at Brussels.
His Majesty the King of Norway:
His Excellency Dr. G. F. Hagerup, His Envoy Extraordinary and Minister
Plenipotentiary near His Majesty the King of the Belgians.
Mr. Christian Theodor Boe, Shipowner.
Her Majesty the Queen of the Netherlands:
jonkheer P. R. A. Melvill van Cambee, Charge d’Affaires of the Nether-
lands at Brussels.
Mr. W. L. P. A. Molengraaf, LL.D., Professor of the University of
Utrecht.
Mr. B. C. J. Loder, LL.D., Councillor of the Court of Cassation of
The Hague.
Mr. C. D. Asser, Jr., LL.D., attorney at law of Amsterdam.
His Majesty the King of Portugal and of the Algarves:
Mr. Antonio Duarte de Oliveira Soares, Charge d’Affaires of Portugal
at Brussels.
His Majesty the King of Roumania:
His Excellency Djuvara, His Envoy Extraordinary and Minister Pleni-
potentiary near His Majesty the King of the Belgians.
His Majesty the Emperor of All the Russias:
Mr. C. Nabokoff, First Secretary of the Embassy of Russia at Washington.
His Majesty the King of Sweden:
His Excellency Count J. J. A. Ehrensvard, His Envoy Extraordinarv and
Minister Plenipotentiary near His Majesty the King of the Belgians.
Mr. Einar Lange, Manager of the Steamship Insurance Society of Sweden.
The President of the Republic of Uruguay: Minister Plenipotentiary
His Excellency Luis Garabelli, Envoy Extraordinary and Minister Plen-
potentiary of the Republic of Uruguay near His Majesty the King of the
Belgians.

Who, duly authorized thereto, have agreed upon the following:

ARTICLE I
Assistance and salvage of seagoing vessels in danger, of any things on
board, of freight and passage money, and also services of the same nature
rendered to each other by seagoing vessels and vessels of inland navigation
are subject to the following provisions, without any distinction being
drawn between the two kinds of service and in whatever waters the
services have been rendered.

ARTICLE 2
Every act of assistance or salvage which has had a useful result gives a
right to equitable remuneration.
No remuneration is due if the services rendered have no beneficial result.
In no case shall the sum to be paid exceed the value of the property salved.

ARTICLE 3
Persons who have taken part in salvage operations, notwithstanding the
express and reasonable prohibition on the part of the vessel to which services
were rendered, have no right to any remuneration.

ARTICLE 4
A tug has no right to remuneration for assistance to or salvage of the
vessel she is towing or of the vessel’s cargo except where she has rendered
exceptional services which can not be considered as rendered in fulfilment
of the contract of towage.

ARTICLE 5
Remuneration is due notwithstanding that the salvage services have been
rendered by or to vessels belonging to the same owner.

ARTICLE 6
The amount of remuneration is fixed by agreement between the parties,
and, failing agreement, by the court.
The proportion in which the remuneration is to be distributed among the
salvors is fixed in the same manner.
The apportionment of the remuneration among the owner, master, and
other persons in the service of each salving vessel is determined by the law
of the vessel’s flag.

ARTICLE 7
Every agreement as to assistance or salvage entered into at the moment
and under the influence of danger can, at the request of either party, be
annulled or modified by the court if it considers that the conditions agreed
upon are not equitable.
In all cases, when it is proved that the consent of one of the parties
Is vitiated by fraud or concealment, or when the remuneration is, in
proportion to the services rendered, in an excessive degree too large or too
small, the agreement may be annulled or modified by the court at the request
of the party affected.

ARTICLE 8
The remuneration is fixed by the court, according to the circumstances
of each case, on the basis of the following considerations: (a) First, the
measure of success obtained, the efforts and the deserts of the salvors, the
danger run by the salved vessel, by her passengers, crew and cargo, by the
salvors and by the salving vessel, the time expended, the expenses incurred
and losses suffered, and the risks of liability and other risks run by the
salvors, and also the value of the property exposed to such risks, due regard
being had, the case arising, to the special adaptation of the salvor’s vessel;
(b) second, the value of the property salved.
The same provisions apply to the apportionment. provided for by
The second paragraph of Article 6.
The court may reduce or deny remuneration if it appears that the salvors
have by their fault rendered the salvage or assistance necessary, or have been
guilty of theft, receiving stolen goods, or other acts of fraud.

ARTICLE 9
No remuneration is due from the persons whose lives are saved, but
nothing in this article shall affect the provisions of the national laws on
this subject. Salvors of human life who have taken part in the
services rendered on the occasion of the accident, giving rise
to salvage or assistance, are entitled to a fair share of the remuneration awarded
to the salvors of the vessel, her cargo, and accessories.

ARTICLE 10
A salvage action is barred after an interval of two years from the
day on which the operations of assistance or salvage are terminated.
The grounds upon which the said period of limitation may be suspended
or interrupted are determined by the law of the court where the case is tried.
The High Contracting Parties reserve to themselves the right to provide
by legislation in their respective countries that the said periods shall be
extended in cases where it has not been possible to arrest the vessel
assisted or salved in the territorial waters of the State in which the
plaintiff has his domicile or principal place of business.

ARTICLE 11
Every master is bound, so far as he can do so without serious danger
to his vessel, her crew and passengers, to render assistance to everybody
even though an enemy, found at sea in danger of being lost.
The owner of the vessel incures no liability by reason of
contravention of the foregoing provision.

ARTICLE 12
The High Contracting Parties whose legislation does not forbid
Infringements of the preceding article bind themselves to take or to
Propose to their respective legislatures the measures necessary for the
Prevention of such infringement.
The High Contracting Parties will, communicate to one another as
soon as possible, the laws or regulations which have already been or
may be hereafter promulgated in their States for the purpose of giving
effect to the undertakings.
ARTICLE 13
This convention does not affect the provisions of national laws or international treaties as regards the organization of services of
Assistance and salvage by or under the control of public authorities, nor,
In particular, does it affect such laws or treaties on the subject of the
Salvage of fishing gear.

ARTICLE 14
This convention does not apply to ships of war or to Government
ships appropriated exclusively to a public service.

ARTICLE 15
The provisions of this convention shall be applied as
All persons interested when either the assisting or salving vessel or
the vessel assisted or salved belongs to one of the contracting States, and
in any other cases for which the national laws provide.
Provided always, that:
1. As regards persons interested who belong to a non-contracting State
the application of said provisions may be made subject by each of the contracting
States to the condition of reciprocity,
2. Where all the persons interested belong to the same State as
the court trying the case, the provisions of the national law and not
of the convention are applicable.
3. Without prejudice to any wider provisions of any national
laws, article 11 only applies as between vessels belonging to
the States of the High Contracting Parties.

ARTICLE 16
Any one of the High Contracting Parties shall have the right three years
after this convention comes into force to call for a fresh conference with a
view to seeking such ameliorations as may be brought therein, and partic-
ularly with a view to extending, if possible, the sphere of its application.
Any power exercising this right must notify its intention to the other
powers, through the Belgian Government, which will see to the convening
of the conference within six months.

ARTICLE 17
States which have not signed the convention are allowed to adhere to
it on request. Such adhesion shall be notified through the diplomatic channel
to the Belgian Government and by the latter to each of the other Governments.
It shall become effective one month after the sending of the notifica-
tion by the Belgian Government.

ARTICLE 18

This convention shall be ratified.
After an interval of at most one year from the day on which the convention
is signed, the Belgian Government shall place itself in
communication with the Governments of the High Contracting Parties which
have declared themselves prepared to ratify the convention with a view
to deciding whether it is expedient to put it into force.
The ratification shall, if so decided, be deposited forthwith at Brussels,
and the convention shall come into force a month afterwards.
The protocol shall remain open another year in favor of the States
represented at the Brussels Conference. After this interval they can
only adhere to it on conforming to the provisions of Article 1 7.

ARTICLE 19
In the case of one or other of the High Contracting Parties denouncing
this convention, such denunciation should not take effect until a year after
the day on which it has been notified to the Belgian Government, and the
convention would remain in force as between the other Contracting Parties.
In witness whereof the plenipotentiaries of the respective High
Contracting Parties have signed this convention and have affixed their seals thereto.
Done at Brussels, in a single copy, the 23rd September, 1910.