THE STATES PARTIES TO THIS
CONVENTION,
HAVING RECOGNIZED the
desirability of determining by agreement certain uniform rules relating to
the limitation of liability for maritime claims,
HAVE DECIDED to conclude a
Convention for this purpose and have thereto agreed as follows:
CHAPTER I. THE
RIGHT OF LIMITATION
ARTICLE 1
Persons
entitled to limit liability
- 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.
- The term "shipowner"
shall mean the owner, charterer, manager and operator of a seagoing ship.
- 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).
- If any claims set out in
Article 2 are made against any person for whose 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.
- In this Convention the
liability of a shipowner shall include liability in an action brought
against the vessel herself.
- 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.
- The act of invoking limitation
of liability shall not constitute an admission of liability.
ARTICLE 2
Claims subject
to limitation
- Subject to Articles 3 and 4
the following claims, whatever the basis of liability may be, shall be
subject to limitation of liability:
- claims in respect of loss
of life or personal injury or loss of or damage to property (including
damage to harbour works, basins 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;
- claims in respect of loss
resulting from delay in the carriage by sea of cargo, passengers or
their luggage;
- 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;
- claims in respect of the
raising, removal, destruction or the rendering harmless of a ship
which is sunk, wrecked, stranded or abandoned, including anything that
is or has been on board such ship;
- claims in respect of the
removal, destruction or the rendering harmless of the cargo of the
ship;
- claims of a person other
than the person liable in respect of measures taken in order to avert
or minimize loss for which the person liable may limit his liability
in accordance with this Convention, and further loss caused by such
measures.
- 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. However, 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 limitation
The rules of this Convention
shall not apply to:
- claims for salvage or
contribution in general average;
- 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;
- claims subject to any
international convention or national legislation governing or
prohibiting limitation of liability for nuclear damage;
- claims against the
shipowner of a nuclear ship for nuclear damage;
- claims by servants of the
shipowner or salvor whose duties are connected with the ship or the
salvage operations, including claims of their heirs, dependents 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 to limit his liability to an amount greater than that
provided for in Article 6.
ARTICLE 4
Conduct barring
limitation
A 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, or recklessly and with knowledge that such loss would probably
result.
ARTICLE 5
Counterclaims
Where 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 each other and the provisions of this
Convention shall only apply to the balance, if any.
CHAPTER II. LIMITS
OF LIABILITY
ARTICLE 6
The general
limits
- The limits of liability for
claims other than those mentioned in Article 7, arising on any distinct
occasion, shall be calculated as follows:
- in respect of claims for
loss of life or personal injury,
- 333,000 Units of
Account for a ship with a tonnage not exceeding 500 tons,
- 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;
- for 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;
- in respect of any other
claims,
- 167,000 Units of
Account for a ship with a tonnage not exceeding 500 tons,
- 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; and
- for each ton in excess of
70,000 tons, 83 Units of Account.
- Where the 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
with claims mentioned under paragraph 1 (b).
- 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 shall have such priority over other claims under paragraph 1
(b) as is provided by that law.
- 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 to a tonnage of 1,500 tons.
- For the purpose of this
Convention the ship's tonnage shall be the gross tonnage calculated in
accordance with the tonnage measurement rules contained in Annex 1 of the
International Convention on Tonnage Measurement of Ships, 1969.
ARTICLE 7
The limit for
passenger claims
- 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 passsengers
which the ship is authorized to carry according to the ship's certificate,
but not exceeding 25 million Units of Account.
- 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:
- under a contract of
passenger carriage, or
- 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 Account
- The Unit of Account referred
to in Articles 6 and 7 is the Special Drawing Right as defined by the
International Monetary 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 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 effect 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.
- Nevertheless, those States
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 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:
- in respect of Article 6,
paragraph 1 (a) at an amount of:
- 5 million monetary
units for a ship with a tonnage not exceeding 500 tons;
- 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, 7,500 monetary units;
- for each ton from 3,001
to 30,000 tons, 5,000 monetary units;
- for each ton from 30,001
to 70,000 tons, 3,750 monetary units; and
- for each ton in excess of
70,000 tons, 2,500 monetary units; and
- in respect of Article 6,
paragraph 1 (b), at an amount of:
- 2.5 million monetary
units for a ship with a tonnage not exceeding 500 tons;
- 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, 2,500 monetary units;
- for each ton from 30,001
to 70,000 tons, 1,850 monetary units; and
- for each ton in excess of
70,000 tons, 1,250 monetary units; and
- in respect of Article 7,
paragraph 1, at an amount of 700,000 monetary units multiplied by the
number of passengers which the ship is authorized to carry according
to its certificate, but not exceeding 375 million monetary units.
Paragraphs 2 and 3 of Article 6
apply correspondingly to sub-paragraphs (a) and (b) of this paragraph.
- The monetary unit referred to
in paragraph 2 corresponds to sixty-five and a half milligrammes of gold
of millesimal fineness nine hundred. The conversion of the amounts
referred to in paragraph 2 into the national currency shall be made
according to the law of the State concerned.
- The calculation mentioned in
the last sentence of paragraph 1 and the conversion mentioned in paragraph
3 shall be made in such a manner as to express in the national currency of
the State Party as far as possible the same real value for the amounts in
Articles 6 and 7 as is expressed there in units of account. States Parties
shall communicate to the depositary the manner of calculation pursuant to
paragraph 1, or the result of the conversion in paragraph 3, as the case
may be, at the time of the signature without reservation as to
ratification, acceptance or approval, or when depositing an instrument
referred to in Article 16 and whenever there is a change in either.
ARTICLE 9
Aggregation of
claims
- The limits of liability
determined in accordance with Article 6 shall apply to the aggregate of
all claims which arise on any distinct occasion:
- against the person or
persons mentioned in paragraph 2 of Article 1 and any person for whose
act, neglect or default he or they are responsible; or
- against the shipowner of a
ship rendering salvage services from that ship and the salvor or
salvors operating from such ship and any person for whose act, neglect
or default he or they are responsible; or
- against the salvor or
salvors who are not operating from a ship or who are operating solely
on the ship to, or in respect of which, the salvage services are
rendered and any person for whose act, neglect or default he or the,
are responsible.
- The limits of liability
determined in accordance with Article 7 shall apply to the aggregate of
all claims subject thereto which may, arise on any distinct occasion
against the person or persons mentioned in paragraph 2 of Article 1 in
respect of the ship referred to in Article 7 and any person for whose act,
neglect or default he or they are responsible.
ARTICLE 10
Limitation of
liability without constitution of a limitation fund
- Limitation of liability may be
invoked notwithstanding that a limitation fund as mentioned in Article 11
has not been constituted. However, a State Party may provide in its
national law that, where an action is brought in its Courts to enforce a
claim subject to limitation, a person liable may only invoke the right to
limit liability if a limitation fund has been constituted in accordance
with the provisions of this Convention or is constituted when the right to
limit liability is invoked.
- If limitation of liability is
invoked without the constitution of a limitation fund, the provisions of
Article 12 shall apply correspondingly.
- Questions of procedure arising
under the rules of this Article shall be decided in accordance with the
national law of the State Party in which action is brought.
CHAPTER III. THE
LIMITATION FUND
ARTICLE 11
Constitution of
the fund
- Any person alleged to be
liable may constitute a fund with the Court or other competent authority
in any State Party in which legal proceedings are instituted in respect of
claims subject to limitation. The fund shall be constituted in the sum of
such of the amounts set out in Articles 6 and 7 as are applicable to
claims for which that person may be liable, together with interest thereon
from the date of the occurrence giving rise to the liability until the
date of the constitution of the fund. Any fund thus constituted shall be
available only for the payment of claims in respect of which limitation of
liability can be invoked.
- A fund may be constituted,
either by depositing the sum, or by producing a guarantee acceptable under
the legislation of the State Party where the fund is constituted and
considered to be adequate by the Court or other competent authority.
- A fund constituted by one of
the persons mentioned in paragraph 1 (a), (b) or (c) or paragraph 2 of
Article 9 or his insurer shall be deemed constituted by all persons
mentioned in paragraph 1 (a), (b) or (c) or paragraph 2, respectively.
ARTICLE 12
Distribution of
the fund
- Subject to the provisions of
paragraphs 1, 2 and 3 of Article 6 and of Article 7, the fund shall be
distributed among the claimants in proportion to their established claims
against the fund.
- If, before the fund is
distributed, the person liable, or his insurer, has settled a claim
against the fund such person shall, up to the amount he has paid, acquire
by subrogation the rights which the person so compensated would have
enjoyed under this Convention.
- The right of subrogation
provided for in paragraph 2 may also be exercised by persons other than
those therein mentioned in respect of any amount of compensation which
they may have paid, but only to the extent that such subrogation is
permitted under the applicable national law.
- Where the person liable or any
other person establishes that he may be compelled to pay, at a later date,
in whole or in part any such amount of compensation with regard to which
such person would have enjoyed a right of subrogation pursuant to
paragraphs 2 and 3 had the compensation been paid before the fund was
distributed, the Court or other competent authority of the State where the
fund has been constituted may order that a sufficient sum shall be
provisionally set aside to enable such person at such later date to
enforce his claim against the fund.
ARTICLE 13
Bar to other
actions
- Where a limitation fund has
been constituted in accordance with Article 11, any person having made a
claim against the fund shall be barred from exercising any right in
respect of such claim against any other assets of a person by or on behalf
of whom the fund has been constituted.
- After a limitation fund has
been constituted in accordance with Article 11, any ship or other
property, belonging to a person on behalf of whom the fund has been
constituted, which has been arrested or attached within the jurisdiction
of a State Party for a claim which may be raised against the fund, or any
security given, may be released by order of the Court or other competent
authority of such State. However, such release shall always be ordered if
the limitation fund has been constituted:
- at the port where the
occurrence took place, or, if it took place out of port, at the first
port of call thereafter; or
- at the port of
disembarkation in respect of claims for loss of life or personal
injury; or
- at the port of discharge
in respect of damage to cargo; or
- in the State where the
arrest is made.
- The rules of paragraphs 1 and
2 shall apply only if the claimant may bring a claim against the
limitation fund before the Court administering that fund and the fund is
actually available and freely transferable in respect of that claim.
ARTICLE 14
Governing law
Subject to the provisions of this
Chapter the rules relating to the constitution and distribution of a
limitation fund, and all rules of procedure in connexion therewith, shall
be governed by the law of the State Party in which the fund is
constituted.
CHAPTER IV. SCOPE
OF APPLICATION
ARTICLE 15
- This Convention shall apply
whenever any person referred to in Article 1 seeks to limit his liability
before the Court of a State Party or seeks to procure the release of a
ship or other property or the discharge of any security given within the
jurisdiction of any such State. Nevertheless, each State Party may exclude
wholly or partially from the application of this Convention any person
referred to in Article 1 who at the time when the rules of this Convention
are invoked before the Courts of that State does not have his habitual
residence in a State Party or does not have his principal place of
business in a State Party or any ship in relation to which the right of
limitation is invoked or whose release is sought and which does not at the
time specified above fly the flag of a State Party.
- A State Party may regulate by
specific provisions of national law the system of limitation of liability
to be applied to vessels which are:
- according to the law of
that State, ships intended for navigation on inland waterways;
- ships of less than 300
tons.
A State Party which makes use of
the option provided for in this paragraph shall inform the depositary of
the limits of liability adopted in its national legislation or of the fact
that there are none.
- A State Party may regulate by
specific provisions of national law the system of limitation of liability
to be applied to claims arising in cases in which interests of persons who
are nationals of other States Parties are in no way involved.
- The Courts of a State Party
shall not apply this Convention to ships constructed for, or adapted to,
and engaged in, drilling:
- when that State has
established under its national legislation a higher limit of liability
than that otherwise provided for in Article 6; or
- when that State has become
party to an international convention regulating the system of
liability in respect of such ships.
In a case to which sub-paragraph
(a) applies that State Party shall inform the depositary accordingly.
- 5. This Convention shall not
apply to:
- air-cushion vehicles;
- floating platforms
constructed for the purpose of exploring or exploiting the natural
resources of the sea-bed or the subsoil thereof.
CHAPTER V. FINAL
CLAUSES
ARTICLE 16
Signature,
ratification and accession
- This Convention shall be open
for signature by all States at the Headquarters of the Inter-Governmental
Maritime Consultative Organization (hereinafter referred to as "the
Organization") from 1 February 1977 until 31 December 1977 and shall
thereafter remain open for accession.
- All States may become parties
to this Convention by:
- signature without
reservation as to ratification, acceptance or approval; or
- signature subject to
ratification, acceptance or approval followed by ratification,
acceptance or approval; or
- accession.
- Ratification, acceptance,
approval or accession shall be effected by the deposit of a formal
instrument to that effect with the Secretary-General of the Organization
(hereinafter referred to as "the Secretary-General").
ARTICLE 17
Entry into
force
- This Convention shall enter
into force on the first day of the month following one year after the date
on which twelve States have either signed it without reservation as to
ratification, acceptance or approval or have deposited the requisite
instruments of ratification, acceptance, approval or accession.
- For a State which deposits an
instrument of ratification, acceptance, approval or accession, or signs
without reservation as to ratification, acceptance or approval, in respect
of this Convention after the requirements for entry into force have been
met but prior to the date of entry into force, the ratification,
acceptance, approval or accession or the signature without reservation as
to ratification, acceptance or approval, shall take effect on the date of
entry into force of the Convention or on the first day of the month
following the ninetieth day after the date of the signature or the deposit
of the instrument, whichever is the later date.
- For any State which
subsequently becomes a Party to this Convention, the Convention shall
enter into force on the first day of the month following the expiration of
ninety days after the date when such State deposited its instrument.
- In respect of the relations
between States which ratify, accept, or approve this Convention or accede
to it, this Convention shall replace and abrogate the International
Convention relating to the Limitation of the Liability of Owners of
Sea-going Ships, done at Brussels on 10 October 1957, and the
International Convention for the Unification of certain Rules relating to
the Limitation of Liability of the Owners of Sea-going Vessels, signed at
Brussels on 25 August 1924.
ARTICLE 18
Reservations
- Any State may, at the time of
signature, ratification, acceptance, approval or accession, reserve the
right to exclude the application of Article 2 paragraph 1 (d) and (e). No
other reservations shall be admissible to the substantive provisions of
this Convention.
- Reservations made at the time
of signature are subject to confirmation upon ratification, acceptance or
approval.
- 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 date
specified 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.
ARTICLE 19
Denunciation
- This Convention may be
denounced by a State Party at any time after one year from the date on
which the Convention entered into force for that Party.
- Denunciation shall be effected
by the deposit of an instrument with the Secretary-General.
- Denunciation shall take effect
on the first day of the month following the expiration of one year after
the date of deposit of the instrument, or after such longer period as may
be specified in the instrument.
ARTICLE 20
Revision and
amendment
- A Conference for the purpose
of revising or amending this Convention may be convened by the
Organization.
- The Organization shall convene
a Conference of the States Parties to this Convention for revising or
amending it at the request of not less than one-third of the Parties.
- After the date of the entry
into force of an amendment to this Convention, any instrument of
ratification, acceptance, approval or accession deposited shall be deemed
to apply to the Convention as amended, unless a contrary intention is
expressed in the instrument.
ARTICLE 21
Revision of the
limitation amounts and of Unit of Account or monetary unit
- Notwithstanding the provisions
of Article 20, a Conference only for the purposes of altering the amounts
specified in Articles 6 and 7 and in Article 8, paragraph 2, or of
substituting either or both of the Units defined in Article 8, paragraphs
1 and 2, by other units shall be convened by the Organization in
accordance with paragraphs 2 and 3 of this Article. An alteration of the
amounts shall be made only because of a significant change in their real
value.
- The Organization shall convene
such a Conference at the request of not less than one-fourth of the States
Parties.
- A decision to alter the
amounts or to substitute the Units by other units of account shall be
taken by a two-thirds majority of the States Parties present and voting in
such Conference.
- Any State depositing its
instrument of ratification, acceptance, approval or accession to the
Convention, after entry into force of an amendment, shall apply the
Convention as amended.
ARTICLE 22
Depositary
- This Convention shall be
deposited with the Secretary-General.
- The Secretary-General shall:
- transmit certified true
copies of this Convention to all States which were invited to attend
the Conference on Limitation of Liability for Maritime Claims and to
any other States which accede to this Convention.
- inform all States which
have signed or acceded to this Convention of:
- each new signature and
each deposit of an instrument and any reservation thereto together
with the date thereof:
- the date of entry
into force of this Convention or any amendment thereto;
- any denunciation of
this Convention and the date on which it takes effect;
- any amendment adopted
in conformity with Articles 20 or 21;
- any communication
called for by any Article of this Convention.
3. Upon entry into force of this
Convention, a certified true copy thereof shall be transmitted by the
Secretary-General to the Secretariat of the United Nations for
registration and publication in accordance with Article 102 of the Charter
of the United Nations.
ARTICLE 23
Languages
This Convention is established in
a single original in the English, French, Russian and Spanish languages,
each text being equally authentic.
DONE AT LONDON this nineteenth
day of November one thousand nine hundred and seventy-six.
IN WITNESS WHEREOF the
undersigned being duly authorized for that purpose have signed this
Convention.
(Here follow signatures on behalf
of certain States).
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