Einde inhoudsopgave
International Convention on Salvage, 1989
Article 13 Criteria for fixing the reward
Geldend
Geldend vanaf 14-07-1996
- Bronpublicatie:
28-04-1989, Trb. 1990, 109 (uitgifte: 31-07-1990, kamerstukken/regelingnummer: -)
- Inwerkingtreding
14-07-1996
- Bronpublicatie inwerkingtreding:
31-12-1997, Trb. 1997, 321 (uitgifte: 01-01-1997, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Gezondheidsrecht / Geneeskundige behandeling
Internationaal publiekrecht / Bijzondere onderwerpen
1.
The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below;
- a)
the salved value of the vessel and other property;
- b)
the skill and efforts of the salvors in preventing or minimizing damage to the environment;
- c)
the measure of success obtained by the salvor;
- d)
the nature and degree of the danger;
- e)
the skill and efforts of the salvors in salving the vessel, other property and life;
- f)
the time used and expenses and losses incurred by the salvors;
- g)
the risk of liability and other risks run by the salvors or their equipment;
- h)
the promptness of the services rendered;
- i)
the availability and use of vessels or other equipment intended for salvage operations;
- j)
the state of readiness and efficiency of the salvor's equipment and the value thereof.
2.
Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.
3.
The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.