Answer By law4u team
The International Convention on Salvage, adopted in 1989 and entering into force in 1996, is a key international treaty that governs the rights and obligations of parties involved in salvage operations at sea. It aims to promote effective salvage work while encouraging salvors to protect the marine environment. The Convention updates previous rules and introduces provisions addressing environmental concerns in salvage efforts.
Main Provisions of the International Convention on Salvage
Scope of Application
The Convention applies to salvage operations conducted on the high seas and in territorial waters, covering ships and other maritime property in danger.
Rights and Duties of Salvors
Salvors are entitled to a reward for successful salvage operations but must act without negligence and take reasonable measures to protect the environment and property.
Salvage Reward
The reward is calculated based on the value of the salvaged property, the degree of success, the skill and efforts of the salvors, and the environmental protection measures taken.
Special Compensation for Environmental Salvage
If salvors prevent or minimize environmental damage (such as oil spills) but the salvage operation fails to recover property, they may be entitled to special compensation.
Exclusion of Contractual Salvage Operations
Salvage contracts made under Lloyd’s Open Form or other agreements are governed by the Convention’s provisions.
Liability and Limitations
Salvors are liable for damage caused by their negligence but are generally protected from unlimited liability.
Environmental Protection Focus
The Convention emphasizes preventing or minimizing damage to the environment during salvage operations.
Salvors are encouraged to take preventive actions to avoid pollution from wrecks or cargo.
Example
Scenario:
A cargo ship runs aground near the coast, risking a large oil spill.
Steps to be Taken:
Engagement of Salvors: The shipowner contracts a salvage company to refloat the vessel and prevent pollution.
Salvage Operation: Salvors work to refloat the ship and contain any oil leakage.
Assessment of Salvage Reward: Based on the success and environmental protection efforts, salvors claim a reward under the Convention.
Special Compensation: If pollution damage was minimized but the ship was lost, salvors may claim special compensation.
