Convention on limitation of liability for maritime claims, 1976

• Coming into Force: 01 December 1986
• Subject Terms: Environment,Maritime matters,Claims-Debts,Legal matters,Civil law
• Registration Number: 24635
• Registration Date: 27 February 1987
• Date of Conclusion: 19 November 1976
• Citation: UNTS v. 1456 (p.221)
• Party Submitting the Application for Registration: International Maritime Organization
• Type of Document: Multilateral
• Depositary: Secretary-General of the International Maritime Organization
• Participants: Argelia,Argentina,Australia,Austria,Bahamas,Barbados,Bélgica,Benin,Brasil,Canada,Chile,China,Croacia,Cuba,Cyprus,Dinamarca,Egipto,Equatorial Guinea,Federal Republic of Germany,Finlandia,France,Georgia,German Democratic Republic,Ghana,Greece,Guyana,Hong Kong,India,Indonesia,Iran,Ireland,Italia,Japón,Jordan,Kiribati,Liberia,Marshall Islands,México,Holanda,New Zealand,Noruega,Panamá,Polonia,Singapore,España,Sri Lanka,Suecia,Suiza,Thailand,Tunisia,Turquia,Union of Soviet Socialist Republics,United Arab Emirates,United Kingdom of Great Britain and Northern Ireland,United States,Vanuatu,Yemen Arab Republic,Yugoslavia (Socialist Federal Republic of)

No.

24635

MULTILATERAL

Convention

on

limitation

of

liability

for

maritime

claims,

1976

(with

final act).

Concluded

at

London

on

19

November

1976

Authentic

texts:

English,

French,

Russian

and

Spanish.

Registered

by

the

International Maritime

Organization

on

27

February

1987.

MULTILATERAL

Convention

de

1976

sur

la limitation

de

la

responsabilité

en

matière

de

créances

maritimes

(avec

acte

final).

Con

clue

à

Londres

le

19

novembre

1976

Textes

authentiques

:

anglais,

français,

russe

et

espagnol.

Enregistrée

par

l'Organisation

maritime

internationale

le

27

février

1987.

Vol.

1456,

1-24635

222_____United

Nations

—

Treaty

Series

•

Nations

Unies

—

Recueil

des

Traités_____1987

CONVENTION

1

ON

LIMITATION

OF

LIABILITY

FOR

MARITIME

CLAIMS,

1976

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

1.

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.

2.

The

term

"shipowner"

shall

mean

the

owner,

charterer,

manager

and

operator

of

a

seagoing

ship.

3.

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),

(é)

and

(/).

1

Came into

force

on

1

December

1986

in

respect

of

the

following

States,

i.e.,

the

first

day

of

the

month

following

one

year

after

the

date

on

which

at

least

12

States

had

signed

it

without

reservation

as

to

ratification,

acceptance

or

approval

or

deposited the

requisite

instruments

of

ratification,

acceptance,

approval

or

accession

with

the

Secretary-General

of

the

International

Maritime

Organization,

in

accordance

with

article

17

(1):

Date

of

deposit

of

the

instrument

of

ratification,

approval

(AA)

State

or

accession

(a)

Bahamas...........................................................

7

June

1983

a

Benin

.............................................................

1

November

1985

a

Denmark

..........................................................

30

May

1984

Finland............................................................

8

May

1984

France*

...........................................................

1

July

1981

AA

Japan*

............................................................

4 June

1982 a

Liberia

............................................................

17

February

1981

a

Norway**

.........................................................

30

March

1984

Spain

.............................................................

13

November

1981

Sweden**..........................................................

30

March

1984

United

Kingdom

of

Great

Britain

and

Northern

Ireland*'**

...............

31

January

1980

(With

a

declaration

of

application

to

the

Bailiwick

of

Jersey,

the

Bailiwick

of

Guernsey,

the

Isle

of

Man,

Bermuda,

the

British

Virgin

Islands,

the

Cayman

Islands,

the Falkland

Islands,

Gibraltar,*

Hong

Kong,

Montserrat,

Pitcairn,

Saint

Helena

and

Dependencies,

the

Turks

and

Caicos

Islands,

and

the

United

Kingdom

Sovereign

Base

Areas

of

Akrotiri

and Dhekelia

in

the

Island

of

Cyprus.

With

reservations

on

behalf

of

the

United

Kingdom

and

the

above-mentioned

territories.)

Yemen

............................................................

6

March

1979 a

In

addition,

the

following

State

deposited

an

instrument

of

accession

with

the

Secretary-General

of

the

International

Maritime Organization

on

the

date

indicated

hereafter:

Date

of

deposit

of

the instrument

State

of

accession

Poland**...................................................................

28

April

1986

(With

effect

from

1

December

1986.)

*

See

p.

313

of

this

volume

for

the

texts

of

the

reservations

made

upon

ratification,

accession

or

approval.

**

See

p.

314

of

this

volume

for

the

texts

of

the

notifications

made

upon

ratification

or

accession

under

arti

cles

8

(4),

15

(2)

and

(4).

Vol.

1456,

1-24635

1987_____United

Nations

—

Treaty

Series

«

Nations

Unies

—

Recueil

des

Traités_____223

4.

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.

5.

In

this

Convention

the

liability

of

a

shipowner

shall

include liability

in an

action

brought

against

the vessel

herself.

6.

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.

7.

The

act

of

invoking

limitation

of

liability

shall

not

constitute

an

admission

of

liability.

Article

2.

CLAIMS

SUBJECT

TO

LIMITATION

1.

Subject

to

Articles

3

and

4

the

following

claims,

whatever

the

basis

of

liability

may

be,

shall

be

subject

to

limitation

of

liability:

(a)

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;

(b)

Claims

in

respect

of

loss

resulting

from

delay

in

the

carriage

by

sea

of

cargo,

passengers

or

their

luggage;

(c)

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;

(d)

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;

(é)

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.

2.

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),

(é)

and

(/)

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:

(a) Claims

for

salvage

or

contribution

in

general

average;

(b)

Claims

for

oil

pollution

damage

within

the

meaning

of

the

International

Convention

on

Civil Liability

for

Oil

Pollution

Damage,

dated

29

November

1969

1

or

of

any

amendment

or

Protocol

thereto

which

is

in

force;

1

United

Nations,

Treaty

Series,

vol.

973,

p.

3.

Vol.

1456,

1-24635