Convention on the uniform establishment of rules on assistance and rescue in distress at sea
| Agreement for the uniform establishment of rules on assistance and rescue in distress at sea | |
|---|---|
| Date: | September 23, 1910 |
| Come into effect: | March 1, 1913 |
| Reference: | International convention for the uniform determination of individual rules on assistance and rescue in distress at sea The Swiss Federal Council |
| Contract type: | International agreement |
| Legal matter: | Maritime law |
| Signing: | |
| Ratification : |
|
| Switzerland: | Came into force on August 15, 1954 |
| Please note the note on the applicable contract version . | |
The convention for the uniform determination of rules on assistance and rescue in distress at sea is an international agreement that regulates the basis of the amount and distribution of rescue and relief wages in the event of ship accidents.
Its full name reads: International Convention of September 23, 1910 for the uniform establishment of rules on assistance and rescue in distress at sea .
details
On the initiative of the International Maritime Committee which was first Diplomatic Seerechtkonferenz in Brussels convened. On September 23, 1910, it passed two conventions , which are also referred to in short as the 1910 Brussels Convention . Both treaties are among the oldest still in force on the law of the sea.
A: Übereinkommen zur einheitlichen Feststellung von Regeln über den Zusammenstoß von Schiffen B: Übereinkommen zur einheitlichen Feststellung von Regeln über die Hilfeleistung und Bergung in Seenot
Convention B is the first international salvage convention and comprises 19 articles which, among other things, generally regulate which ships in distress and which salvagers the convention may be applied to, when a ship is in distress at all, under what conditions an assistance or rescue contract comes into being, when an assistance, or a partial or complete rescue is available and what circumstances preclude assistance or rescue. Furthermore, the convention defines the rules when a rescue or auxiliary wage may be demanded and its amount (for example, the recovery wage may not exceed the value of the goods saved). The principle of "no cure - no pay", already known from the older standard Lloyd's Open Form (LOF) contract, was adopted.
This agreement codified the duty of rescue at sea for the first time , which was later adopted in the international conventions on safety at sea. This is regulated in Articles 9 and 11:
- Art. 2: Every successful aid or rescue justifies the right to appropriate remuneration.
- Art. 9: The rescued persons do not have to pay any remuneration, without prejudice to the provisions of the state laws. Anyone who saves lives on the occasion of the accident that gives rise to rescue or assistance can claim a cheap share of the remuneration that is due to those persons who rescued the ship, cargo and accessories.
- Art. 11: Every captain is obliged to provide assistance to all persons, even hostile ones, who are encountered in mortal danger at sea, insofar as he is able to do so without serious danger to his ship and its crew and travelers.
The Convention, which entered into force on March 1, 1913, was expanded in 1967 by a protocol that entered into force on August 15, 1977. However, only a small number of the contracting states acceded to the Additional Protocol.
The provisions of the set of rules have been incorporated into the German Commercial Code .
To differentiate between the terms rescue, assistance and rescue, see: Salvage (seafaring) .
See also
- International Convention for the Safety of Life at Sea (SOLAS)
- Convention on the Law of the Sea (UNCLOS)
- International Convention on Maritime Search and Rescue (SAR Convention)
literature
- Helmers, Walter (ed.): Müller-Krauss, manual for ship management . Volume 2, Maneuvering, Part B. Springer Verlag, Berlin 1988, ISBN 3-540-17973-9 .
Web links
- Contract text at transportrecht.de (PDF; 145 kB)
Individual evidence
- ↑ German Bundestag: Brief information on the international legal obligation to rescue at sea accessed on February 26, 2019
- ↑ State overview ( Memento of the original from September 12, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (French, English; PDF; 169 kB)
