Rs 0.747.363.2 International Convention Of September 23, 1910, For The Unification Of Certain Rules Of Assistance And Rescue Marine

Original Language Title: RS 0.747.363.2 Convention internationale du 23 septembre 1910 pour l’unification de certaines règles en matière d’assistance et de sauvetage maritimes

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0.747.363.2 original text International Convention for the unification of certain rules of assistance and rescue concluded in Brussels on 23 September 1910, approved by the Federal Assembly on 17 March 1954 Instrument of accession deposited by the Switzerland on 28 May 1954 entry into force for the Switzerland on August 15, 1954 (status March 21, 2012) art. 1. assistance and rescue ships to sea in danger, things located on board, the cargo and the price of passage, as well as similar services rendered between seagoing vessels and inland navigation vessels are subject to the following provisions, without that there is to distinguish between these two kinds of services and without that there is to hold account waters where they were made.

Art. 2. any assistance or rescue have had a useful result gives rise to an equitable remuneration.
No payment is due if the ready relief has no useful result.
In any case, the amount payable cannot exceed the value of things saved.

Art. 3 not entitled to any remuneration who took part in relief operations despite the express and reasonable of the rescued ship.

Art. 4. the tug is entitled to a remuneration for assistance or rescue by him towed ship or its cargo if it rendered exceptional services cannot be considered the fulfillment of the towage contract.

Art. 5. compensation is due that assistance or rescue took place between ships belonging to the same owner.

Art. 6. the amount of the remuneration is fixed by the agreement of the parties and, failing that, by the judge.
It is similarly in the proportion in which this compensation should be distributed between rescuers.
The split between the owner, the captain and other people in the service of each of the rescue ships will be resolved by the national law of the ship.

Art. 7. any assistance and rescue agreement concluded at the time and under the influence of the danger may, at the request of one of the parties, be cancelled or amended by the judge, if he considers that the agreed terms are unfair.
In all cases, where it is proved that the consent of one of the parties has been vitiated by fraud or reluctance or when compensation is, too much in one direction or the other, out of proportion to the service rendered, the agreement may be cancelled or changed by the judge at the request of the interested party.

Art. 8. the remuneration is fixed by the judge according to the circumstances based: a. in the first place, the success achieved, effort and merit of those who lent aid, the danger run by the assisted vessel, its passengers or crew, its cargo, by lifeguards and the rescuer ship, time used, costs and damage , and the risk of liability and other accrued by the rescuers, the value of the material exhibited by them, taking into account, if any, of the special appropriation of the ship assistant; b. Secondly, the value of things saved.

The same provisions apply to the distribution under art. 6, al. 2. the judge may reduce or eliminate the compensation if it appears that rescue workers, through their fault, necessitated the rescue or assistance or are guilty of theft, concealment or other fraudulent acts.

Art. 9. it is due no compensation by the people saved, without that however prejudice to the requirements of national laws in this respect.
The rescuers of human lives which occurred on the occasion of the accident which gave rise to the rescue or assistance is entitled to a fair share of the compensation paid to the rescuers of the ship, cargo and their accessories.

Art. 10. the action for compensation is prescribed by two years from the day where assistance or rescue operations are complete.
The causes of suspension and interruption of the prescription are determined by the law of the court seised of the action.
The high contracting parties reserve the right to admit in their legislation, as extending the above deadline, the fact that the ship assisted or rescued could not be seized in the territorial waters of the State in which the applicant has its domicile or its principal place of business.

Art. 11. every captain shall, as much as it can do so without serious danger to his ship, its crew and its passengers, to provide assistance to any person, even enemy, found at sea in danger of being lost.
The owner of the ship is not responsible for tickets to the previous layout.

Art. 12. the high contracting parties whose legislation does not carry the offence in the preceding article are committed to take or propose to their respective legislatures necessary measures so that this offence is repressed.
The high contracting parties to communicate, immediately to make that possible, the laws or regulations that have already been enacted or who would come to be in their States for the execution of the foregoing.

Art. 13. the present convention shall not affect the provisions of national laws or international treaties on the Organization of assistance and rescue services by public authorities or under their control, and particularly on the rescue of fishing gear.

Art. 14. the convention does not apply to warships and vessels of State exclusively assigned to a public service.

Art. 15. the provisions of this agreement will be applied with respect to all concerned when either the assistant or rescuer ship, the ship assisted or saved belongs to a State of one of the high contracting parties, as well as in the other cases provided for by national laws.
It is understood however: 1 as against those concerned nationals of a State which is not contracting, the application of those provisions can be subordinated by each of the States Contracting to the condition of reciprocity; 2. That, when all concerned are nationals of the same State as the court seised, is the law national and not the convention which is applicable; 3. That, without prejudice to the broader provisions of national laws, article 11 is applicable between ships who are nationals of the States of the high contracting parties.

Art. 16 each of the parties contracting shall cause the meeting to a new conference after three years from the entry into force of the convention, in order to search for improvements that could be made and, in particular, to extend, if it is possible, the sphere of application.
One of the powers that would make use of this option would have to notify its intention to the other powers, through the Belgian Government, who would be responsible for convening the conference within six months.

Art. 17. States that have not signed the convention are allowed to accede at their request. This membership will be notified through diplomatic channels to the Belgian Government and, thereby, to each of the Governments of the other contracting parties; She gets out its effects a month after the sending of the notification made by the Belgian Government.

Art. 18. the convention will be ratified.
At the expiry of the period of one year at the latest, from the day of the signing of the convention, the Belgian Government will enter into report with Governments of high contracting parties that they will be ready to ratify it, the effect to decide to put it into effect.
The ratifications shall be, as appropriate, be deposited immediately in Brussels and the convention will be effective one month after the deposit.
The Protocol will remain open for another year for the States represented at the conference in Brussels. After this time, they could only join in accordance with the provisions of art. 17 art. 19 scope March 21, 2012 in case either of the high contracting parties would turn convention, this denunciation would not produce effects that one year after the day where it would have been notified to the Belgian Government and the convention will remain in force between the other contracting parties.
In faith, the Plenipotentiaries of the respective High Contracting parties have signed this agreement and there have affixed their seals.
Done at Brussels, in a single copy, September 23, 1910.
(Follow signatures)

Scope March 21, 2012 States parties Ratification, accession (A) Declaration of estate (S) entry into force Algeria April 13, 1964 July 20, 1964 Angola 30 July 1914 was August 30, 1914 Antigua and Barbuda 1 February 1913-3 March 1913 Argentina 28 February 1922-15 April Australia 9 September 1922 A 1930, 24 October 1930 Island Norfolk 1 February 1913-3 March Austria 1 February 1913 1913 1 March Bahamas 1 February 1913 1913 A 3 March 1913 Barbados February 1, 1913 A March 3, 1913 Belgium February 1, 1913 March 1 Belize 1 February 1913 1913 March 3, 1913 Brazil December 31, 1913 January 31, 1914 Cap - Green 30 July 1914 has 30 August 1914 China Hong Kong 6 June 1997 1 July 1997 Macao October 8, 1999 December 20, 1999 Cyprus 1 February 1913 A March 3, 1913 Congo (Kinshasa), on July 17, 1967 was August 17, 1967 Egypt November 19, 1943 January 1

1944


Eritrea 9 November 1934 January 5, 1935 Estonia 15 May 1929 was February 20, 1930 United States 1 February 1913 March 1, 1913 Fiji 22 August 1972 10 October 1970 Finland 17 July 1923 was August 28, 1923 France 1 February 1913 March 1, 1913 Gambia 1 February 1913 A March 3, 1913 Ghana 1 February 1913 A March 3, 1913 Greece October 15, 1913 November 15, 1913 Granada February 1, 1913 has 3 March 1913 Guinea - Bissau 30 July

1914 August 30, 1914 Guyana 1 February 1913 March 3, 1913 Haiti 18 August 1951 was November 1, 1951 Hungary February 1, 1913 March 1 India 1 February 1913 1913 March 3, 1913 Ireland February 1, 1913 March 1, 1913 Italy June 2, 1913 July 2, 1913 Jamaica 1 February 1913 has 3 March 1913 Japan January 12, 1914 February 12, 1914 Kenya 1 February 1913 A March 3, 1913 Kiribati 1 February 1913 A March 3

1913 Latvia August 2, 1932 September 16, 1932 Luxembourg 18 February 1991 has 22 May 1991 Madagascar 13 July 1965 of June 26, 1960 Malaysia February 1, 1913 to March 3, 1913 Malta 1 February 1913 A March 3, 1913 Maurice February 1, 1913 A March 3, 1913 Mexico February 1, 1913 March 1 1913 Mozambique 30 July 1914 August 30, 1914 Nigeria 1 February 1913 A March 3, 1913 Oman 21 August 1975 has 1 October 1975

Papua New Guinea October 14, 1980 S 16 September 1975 Paraguay November 22, 1967 to December 22, 1967 Poland 15 October 1921 November 17, 1921 Portugal 25 July 1913 Dominican Republic August 25, 1913 July 23, 1958 has 25 September 1958 Romania 1 February 1913 March 1, 1913 United Kingdom Anguilla February 1, 1913 March 3, 1913 Bermuda 1 February 1913 was March 3, 1913 Gibraltar 1 February 1913 has 3 March 1913 Cayman Islands February 1, 1913 to March 3, 1913

Turks and Caicos Islands 1 February 1913 March 3, 1913 Sainte - Hélène 1 February 1913 has 3 March 1913 Russia 10 July 1936 was 27 August 1936 St. - Lucia 21 March 1990 of February 22, 1979 Saint - Kitts - and - Nevis, on February 1, 1913 to March 3, 1913 Saint - Vincent - and - the Grenadines 21 September 2001 of October 28, 1979 Solomon, Islands 17 September 1981 S 7 July 1978 Sao Tome - and - principle July 30, 1914 to August 30, 1914 Serbia December 31, 1931 to February 12, 1932 Seychelles 1 February 1913 was March 3, 1913 Singapore 18 June 1974 S August 9, 1965 Slovenia November 16, 1991 of 25 June 1991 Somalia November 9, 1934 to January 5, 1935 Sri Lanka 1 February 1913 A March 3, 1913 Switzerland 28 May 1954 August 15, 1954 Syria August 1, 1974 has 1 September 1974 Timor - Leste July 30, 1914 August 30, 1914 Tonga 13 June 1978 was July 30, 1978 Trinidad and Tobago February 3, 1913 was March 3, 1913 Turkey

4 July 1955 16 September 1955 Tuvalu 1 February 1913 has 3 March 1913 21 July 1915 Uruguay has 24 August 1915 accession or ratification by the Portugal.

Accession or ratification by Britain.

Accession or ratification by the Italy.

March 3, 1913, to June 30, 1997, the Convention was applicable to Hong Kong on the basis of a declaration of territorial expansion of the United Kingdom. Starting from July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. The Convention is also applicable to the Hong Kong SAR after July 1, 1997.

August 30, 1914 to Dec. 19. 1999, the Convention was applicable in Macao on the basis of a declaration of territorial extension of the Portugal. From Dec. 20. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the declaration Chinese from 5 oct. 1999, the Convention is also applicable to the Macao SAR from 20 dec. 1999 RO 1954 790; FF 1953 III 781 AF of 17 March 1954 (RO 1954 767) RO 2005 2233 and 2012 1663. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Status as of March 21, 2012

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