Convention on Limitation of Liability for Maritime ClaimsWord文件下载.docx

1、 THE RIGHT OF LIMITATION Article 1 Persons entitled to limit liability1. Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2. 2. The term shipowner shall mean the owner, charterer, manager and opera

2、tor of a seagoing ship. 3. Salvor shall mean any person rendering services in direct connexion with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1（d）, （e） and （f）. 4. If any claims set out in Article 2 are made against any person for whose

3、act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention. 5. In this Convention the liability of a shipowner shall include liability in an action brought against the vessel itself. 6.

4、 An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself. 7. The act of invoking limitation of liability shall not constitute an admission of liability. Art

5、icle 2 Claims subject to limitation1. Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:（a） claims in respect of loss of life or personal injury or loss of or damage to property （including damage to harbour works, ba

6、sins and waterways and aids to navigation）, occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;（b） claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

7、（c） claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations;（d） claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wr

8、ecked, stranded or abandoned, including anything that is or has been on board such ship;（e） claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;（f） claims of a person other than the person liable in respect of measures taken in order to avert or minimize

9、loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures. 2. Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. Howev

10、er, claims set out under paragraph 1（d）, （e） and （f） shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable. Article 3 Claims excepted from limitationThe rules of this Convention shall not apply to:（a） claims for salvage

11、 or contribution in general average;（b） claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969 or of any amendment or Protocol thereto which is in force;（c） claims subject to any international convention

12、or national legislation governing or prohibiting limitation of liability for nuclear damage;（d） claims against the shipowner of a nuclear ship for nuclear damage;（e） claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of

13、their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted

14、 to limit his liability to an amount greater than that provided for in Article 6. Article 4 Conduct barring limitationA person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, o

15、r recklessly and with knowledge that such loss would probably result. Article 5 CounterclaimsWhere a person entitled to limitation of liability under the rules of this Convention has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against eac

16、h other and the provisions of this Convention shall only apply to the balance, if any. CHAPTER II: LIMITS OF LIABILITY Article 6 The general limits1. The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows:（a） in re

17、spect of claims for loss of life or personal injury, （i） 333,000 Units of Account for a ship with a tonnage not exceeding 500 tons, （ii） for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in （i）:for each ton from 501 to 3,000 tons, 500 Units of Account;fo

18、r each ton from 3,001 to 30,000 tons, 333 Units of Account;for each ton from 30,001 to 70,000 tons, 250 Units of Account; and for each ton in excess of 70,000 tons, 167 Units of Account, （b） in respect of any other claims, （i） 167,000 Units of Account for a ship with a tonnage not exceeding 500 tons

19、, （ii） for a ship with a tonnage in excess thereof the following amount in addition to that mentioned in （i）:for each ton from 501 to 30,000 tons, 167 Units of Account;for each ton from 30,001 to 70,000 tons, 125 Units of Account;for each ton in excess of 70,000 tons, 83 Units of Account. 2. Where t

20、he amount calculated in accordance with paragraph 1（a） is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1（b） shall be available for payment of the unpaid balance of claims under paragraph 1（a） and such unpaid balance shall rank rateably

21、with claims mentioned under paragraph 1（b）. 3. However, without prejudice to the right of claims for loss of life or personal injury according to paragraph 2, a State Party may provide in its national law that claims in respect of damage to harbour works, basins and waterways and aids to navigation

22、shall have such priority over other claims under paragraph 1（b） as is provided by that law. 4. The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according

23、to a tonnage of 1,500 tons. 5. For the purpose of this Convention the ships tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969. Article 7 The limit for passenger cla

24、ims1. In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 46,666 Units of Account multiplied by the number of passengers which the ship is authorized to carry accordin

25、g to the ships certificate, but not exceeding 25 million Units of Account. 2. For the purpose of this Article claims for loss of life or personal injury to passengers of a ship shall mean any such claims brought by or on behalf of any person carried in that ship:（a） under a contract of passenger car

26、riage, or （b） who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods. Article 8 Unit of Account1. The Unit of Account referred to in Articles 6 and 7 is the Special Drawing Right as defined by the International Moneta

27、ry Fund. The amounts mentioned in Articles 6 and 7 shall be converted into the national currency of the State in which limitation is sought, according to the value of that currency at the date the limitation fund shall have been constituted, payment is made, or security is given which under the law

28、of that State is equivalent to such payment. The value of a national currency in terms of the Special Drawing Right, of a State Party which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in eff

29、ect at the date in question for its operations and transactions. The value of a national currency in terms of the Special Drawing Right, of a State Party which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State Party. 2. Nevertheless, those S

30、tates which are not members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 may, at the time of signature without reservation as to ratification, acceptance or approval or at the time of ratification, acceptance, approval or accession

31、 or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in their territories shall be fixed as follows:（a） in respect of Article 6, paragraph 1（a） at an amount of:（i） 5 million monetary units for a ship with a tonnage not exceeding 500 tons, （ii） for a ship with a tonnage in excess thereof, the following amount in addition to that me