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II.3.320 (SALVAGE 1989) INTERNATIONAL CONVENTION ON SALVAGE, 1989

The Ratification of Maritime Conventions

Chapter I.3.320

THE INTERNATIONAL CONVENTION ON SALVAGE, 1989

ADOPTED: Done at London, 28 April 1989
ENTERED INTO FORCE: 14 July 1996
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, APPROVAL AND ACCESSION

Article XXVIII

1. This Convention shall be open for signature at the Headquarters of the Organisation from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.

2. States may express their consent to be bound by this Convention by:

  • (a) signature without reservation as to ratification, acceptance, or approval; or
  • (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
  • (c) accession.

3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

ENTRY INTO FORCE

Article XXIX

1. This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.

2. For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.

RESERVATIONS

Article XXX

1. Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention:

  • (a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;
  • (b) when the salvage operations take place in inland waters and no vessel is involved;
  • (c) when all interested parties are nationals of that State;
  • (d) when the property involved is maritime cultural property of prehistorical, archaeological or historic interest and is situated on the sea-bed.

2. Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.

3. Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a specified date therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.

DENUNCIATION

Article XXXI

1. This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.

2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

REVISION AND AMENDMENT

Article XXXII

1. A conference for the purpose of revising or amending this Convention may be convened by the Organisation.

2. The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure.

3. Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.

DECLARATIONS, RESERVATIONS AND STATEMENTS

(Unless otherwise indicated, the declarations, reservations and statements were made at the time of signature, ratification or accession.)

Canada

“Pursuant to article 30 of the International Convention on Salvage, 1989, the Government of Canada reserves the right not to apply the provisions of this Convention when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.”

China

[translation] “. . . that in accordance with the provisions of article 30, paragraph 1, of the International Convention on Salvage, 1989, the Government of the People’s Republic of China reserves the right not to apply the provisions of article 30, paragraphs 1(a), (b) and (d), of the said Convention.”

Iran

“The Government of the Islamic Republic of Iran reserves the right not to apply the provisions of this Convention in the cases mentioned in article 30, paragraphs 1(a), (b), (c) and (d).”

Ireland

“…reserve the right of Ireland not to apply the provisions of the Convention specified in article 30(1)(a) and (b) thereof.”

Mexico

[translation] “The Government of Mexico reserves the right not to apply the provisions of this Convention in the cases mentioned in article 30, paragraphs 1(a), (b), (c) and (d), pointing out at the same time that it considers salvage as a voluntary act.”

Saudi Arabia

[translation] “1. This instrument of accession does not in any way whatsoever mean the recognition of the State of Israel; and

2. The Kingdom of Saudi Arabia reserves its right not to implement the rules of this instrument of accession to the situations indicated in paragraphs (a), (b), (c) and (d) of article 30 of this instrument.”

Spain

[translation] “In accordance with the provisions of article 30.1(a), 30.1(b) and 30.1(d) of the International Convention on Salvage, 1989, the Kingdom of Spain reserves the right not to apply the provisions of the said Convention:

  • — when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;
  • — when the salvage operations take place in inland waters and no vessel is involved.

For the sole purposes of these reservations, the Kingdom of Spain understands by ‘inland waters’ not the waters envisaged and regulated under the name of ‘internal waters’ in the United Nations Convention on the Law of the Sea, but continental waters that are not in communication with the waters of the sea and are not used by seagoing vessels. In particular, the waters of ports, rivers, estuaries, etc., which are frequented by seagoing vessels are not considered as ‘inland waters’:

  • — when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.”

Sweden

“Referring to article 30 1(d) Sweden reserves the right not to apply the provisions of the Convention when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.”

United Kingdom

“In accordance with the provisions of article 30, paragraph 1(a), (b) and (d), of the Convention, the United Kingdom reserves the right not to apply the provisions of the Convention when:

  • (i) the salvage operation takes place in inland waters and all vessels involved are of inland navigation; or
  • (ii) the salvage operations take place in inland waters and no vessel is involved; or
  • (iii) the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.”

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