Mr. Francois Berlingieri, Attorney at Law, Professor of the University of Genoa. Mr. Francois Mirelli, Councillor of the Court of Appeals of Naples. His Excellency K. Nakeshima, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians. Mr. Yoshiyuki Irie, Attorney and Counselor 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. 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, Ship owner. Her Majesty the Queen of the Netherlands: Jonkheer P. R. A. Melvill van Carnbee, Chargé d'Affaires of the Netherlands at Brussels. Mr. W. L. P. A. Molengraaf, L. L. D., Professor of the University of Utrecht. Mr. B. C. J. Loder, L. L. D., Councillor of the Court of Cassation of The Hague. Mr. C. D. Asser, Jr., L. L. D., Attorney at Law of Amsterdam. His Majesty the King of Portugal and of the Algarves: Mr. Antonio Duarte de Oliveira Soares, Chargé d'Affaires of Portugal at Brussels. His Majesty the King of Rumania: His Excellency Djuvara, His Envoy Extraordinary and Minister Plenipotentiary 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 Extraordinary 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: His Excellency Luis Garabelli, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Uruguay near His Majesty the King of the Belgians. Who, duly authorized thereto, have agreed upon the following: ARTICLE 1. 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. } Comma added to conform to French text.-Editor. 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 incurs 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 infringements. 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 above undertakings. ARTICLE 13. The 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 regards 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 national laws provide. Provided always, that: 1. As regards persons interested who belong to a noncontracting 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 particularly 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 diplo matic 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 notification by the Belgian Government. ARTICLE 18. The 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 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 17. 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. For the Argentine Republic: For Austria and Hungary: KRACKER VON SCHWARTZENFELDT. ALBERTO BLANCAS. S. CLARY and ALDRINGEN. |