SALVAGE LAW AND THE PREVENTION OF ENVIRONMENTAL DAMAGE

Abstract

Salvage is fundamentally concerned with preservation. By virtue of the no cure, no pay principle the salvage operation must be successful to some degree in order for the salvor to be entitled to a salvage award. Subsequent developments in shipping necessitated the introduction of the ‘enhanced award’ and ‘safety net’ concepts in the Lloyd’s Open Form in order to encourage salvors to aid vessels in distress. The safety net concept is an exception to the no cure, no pay principle. The International Convention on Salvage 1989 incorporated these concepts and also introduced novel provisions on the protection of the environment during the conduct of salvage operations. The salvage industry has called for the International Convention on Salvage 1989 to be amended in order for salvors to be appropriately rewarded for their efforts in protecting the environment. This paper discussed the degree and adequacy of the law of salvage in protecting the environment. It further examined the elements that qualify a salvor to be entitled to a salvage award, discussed the development of salvage law, analysed the provisions of the International Convention on Salvage 1989 and their adequacy in providing sufficient remuneration for salvors. The proposed amendments to the 1989 Convention were also highlighted.