Travaux Preparatoires of the Convention on Salvage 1989.pdf

THE TRAVAUX PREPARATOIRES OF THE 1989 SALVAGE CONVENTION 61Definition <strong>of</strong> “Salvage Operation”in <strong>the</strong> light <strong>of</strong> our experience now through all those ten years <strong>of</strong> work with thisprovision and o<strong>the</strong>rs, I would warn against, in this last moment, to introduce proposalswhich are no doubt appropriate and well considered but never<strong>the</strong>less we might findthat if <strong>the</strong>y go in, we made a mistake. We cannot, I believe, overlook at this short time,such an amendment on <strong>the</strong> definition provision in 1(a). Time has shown it, in myopinion and I think this is perhaps an example where you can say hard cases make badlaw. I think we have this risk. Thank you, Mr. Chairman.Documents LEG/CONF.7/VR.44-47Chairman. Well, we come <strong>the</strong>n first to <strong>the</strong> proposal submitted by <strong>the</strong> UnitedKingdom and France, Working Paper No. 11 22 and I would like <strong>the</strong> delegation <strong>of</strong> <strong>the</strong>United Kingdom to introduce that document.United Kingdom. Thank you Mr. Chairman, may I begin by craving <strong>the</strong>indulgence <strong>of</strong> <strong>the</strong> Committee, I’m not quite sure how that will be translated so Isubstitute “apologize” for three verbal corrections in <strong>the</strong> text proposed for article 1(a)in Working Paper No. 11. First <strong>the</strong> first words should be “any act or activity” <strong>the</strong> word“any” unfortunately has dropped out and if you look at <strong>the</strong> French text you will seethat “any” corresponds to “tout”. Secondly, and I am indebted to you, Sir, for this, <strong>the</strong>word “her” in <strong>the</strong> fourth line, first word in <strong>the</strong> fourth line and again in <strong>the</strong> last linetowards <strong>the</strong> end, is unnecessary and should be deleted. Then coming to <strong>the</strong> substance<strong>the</strong> wording speaks for itself and we have already spent much time on it, this jointproposal by <strong>the</strong> United Kingdom and French delegations is intended to respond to <strong>of</strong>course what we think to be right, but also to a number <strong>of</strong> o<strong>the</strong>r delegations who havespoken. Could I just refer to <strong>the</strong> remarks <strong>of</strong> Mr. B. Nielsen, on behalf <strong>of</strong> <strong>the</strong> CMI ando<strong>the</strong>rs who have spoken in favour <strong>of</strong> <strong>the</strong> present text; I should make it clear that ourproposal is in no way designed to cover hard cases or to cover all events, its purpose isto narrow to an acceptable extent <strong>the</strong> present text, which appears to us with all duerespect far too wide and yet to meet <strong>the</strong> legitimate points made by <strong>the</strong> delegations from<strong>the</strong> USSR, Canada and <strong>the</strong> United States and in agreement, as far as I recollect, with<strong>the</strong> observations by <strong>the</strong> distinguished delegation from China. Obviously our proposalis in direct opposition to <strong>the</strong> Saudi Arabian proposal which would only comprise <strong>the</strong>open sea. May I only say, as regards <strong>the</strong> present text, that we believe that it is far toowide for <strong>the</strong> reasons which have already been explained. In particular we find <strong>the</strong>addition <strong>of</strong> <strong>the</strong> words “any waters whatsoever” sorry “in any o<strong>the</strong>r waters whatsoever”really almost impossible to follow because <strong>the</strong>y would appear to refer to waters whichare not navigable. I would also remind you <strong>of</strong> <strong>the</strong> illustrations which have been given<strong>of</strong> <strong>the</strong> bizarre cases to which it would lead if all inland waters and property on <strong>the</strong>mwere covered. As to <strong>the</strong> Canadian and United States points, which have been raised,we would say that <strong>the</strong> present proposed text goes a very long way to meet <strong>the</strong>irlegitimate observations and if <strong>the</strong>y wish to go fur<strong>the</strong>r inland or in relation to inland(22) Document LEG/CONF.7/CW/WP.11Joint proposal by <strong>the</strong> delegations <strong>of</strong> <strong>the</strong> United Kingdom and FranceSalvage operations meansArticle 1a) any act or activity undertaken to assist a vessel or any o<strong>the</strong>r property in danger at sea orundertaken in any o<strong>the</strong>r waters to assist a sea-going vessel or any property on board her indanger or by a sea-going vessel to assist a vessel <strong>of</strong> inland navigation or any property on boardher in danger.