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CHAPTER 12 Salvage at sea

Maritime Law and Practice in China

Page 134


Salvage at sea

Salvage at sea

12.1 Salvage at sea in the CMC 1992 refers to the salvage operations rendered at sea or any other navigable waters adjacent thereto to the ships and other property in danger.1 The provisions for salvage at sea in the CMC 1992 were drafted based on the International Convention on Salvage 1989 (the “Salvage Convention 1989”). Therefore, both the structure and the contents of the relevant provisions in the CMC 1992 are very similar to the provisions in the Salvage Convention 1989. Meanwhile, in 1993, China acceded to the Salvage Convention 1989. According to the CMC 1992, if any international convention concluded or acceded to by the PRC contains provisions differing from those contained in the CMC 1992, the provisions of the relevant international convention shall apply, unless the provisions are those on which the PRC has announced reservations.2 Therefore, the provisions of the Salvage Convention 1989 have the force of law in China except for any reservations, and have the priority in application over the relevant provisions in CMC 1992.

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