Читать книгу Estudios de derecho marítimo. Libro en homenaje a la memoria de José Luis Goñi Etchevers - José Carlos Fernández Rozas - Страница 36

This new Convention⁷, done at London the 28 April 1989, entered into force the 14 July 1996, namely, and as provided by its art. 29.1, one year after the date on which 15 States expressed their consent to be bound by it.

The instrument of ratification was deposited by Spain the 27 January 2005 and pursuant to art. 29.2 the Convention entered into force in Spain the 27 January 2006.

As provided by art. 30.1, State parties could reserve the right not to apply the provisions of the 1989 Salvage Convention in the following cases:

(a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;

(b) when the salvage operations take place in inland waters and no vessel is involved;

(c) when all interested parties are nationals of that State;

(d) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea bed.

The ratification by Spain was accompanied by the following reservations: In accordance with the provisions of article 30.1 (a), 30.1 (b) and 30.1 (d) of the International Convention on Salvage, 1989, the Kingdom of Spain reserves the right not to apply the provisions of the said Convention:

– when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;

– when the salvage operations take place in inland waters and no vessel is involved.

For the sole purpose of these reservations, the Kingdom of Spain understands by “inland waters” not the waters envisaged and regulated under the name of “internal waters” in the United Nations Convention on the Law of the Sea but continental waters that are not in communication with the waters of the sea and are not used by seagoing vessels. In particular, the waters of ports, rivers, estuaries, etc., which are frequented by seagoing vessels are not considered as “inland waters”:

– when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea–bed”.

No reservations were made by Italy, where the 1989 Salvage Convention entered into force the 14 July 1996 upon the ratification being authorized with Law 12 April 1995 n. 129.

Italy was the 15^th State to ratify the 1989 Salvage Convention, which therefore entered into force concurrently with its entry into force in Italy.