The International Convention on Salvage [1] [2] is a treaty that was concluded in London on 28 April 1989 that replaced the Brussels Convention on Assistance and Salvage at Sea as the principal multilateral document governing marine salvage.
The Convention's main innovation is that the scope of salvage law has been extended to cover "environmental salvage".
The 1910 Brussels Convention had established the principle (known as "no cure, no pay") that a salvor is rewarded only if the salvage operation successfully rescues the ship or its cargo. The International Convention on Salvage expanded on this principle by introducing the concept of an "enhanced salvage award", which may be awarded by an arbitrator or a tribunal if the salvor took effective action to prevent or minimize environmental damage but nevertheless failed to salvage the ship or its cargo.
The 1989 Convention entered into force on 14 July 1996 and as of April 2016 has been ratified by 69 states representing 52 percent of the gross tonnage of the world’s merchant fleet. The impetus for the new Convention was the LOF 1980 which permitted salvage rewards to be made to salvors who acted to limit damage to the coastal environment after oil spills.
Articles 13 & 14 of the Convention made provision for "Special Compensation", but The Nagasaki Spirit case [3] [4] revealed that the Convention had been poorly drafted and, rather than encouraging environmental salvors, instead it limited the amount that such salvors could be paid to mere "out-of-pocket expenses", with no allowance for any profit margin. This deficiency has since been addressed by the SCOPIC codicil to the LOF. [5]
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, usually known as the Basel Convention, is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries. It does not, however, address the movement of radioactive waste. The convention is also intended to minimize the rate and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation, and to assist developing countries in environmentally sound management of the hazardous and other wastes they generate.
A double-hulled tanker refers to an oil tanker which has a double hull. They reduce the likelihood of leaks occurring compared to single-hulled tankers, and their ability to prevent or reduce oil spills led to double hulls being standardized for oil tankers and other types of ships including by the International Convention for the Prevention of Pollution from Ships or MARPOL Convention. After the Exxon Valdez oil spill disaster in Alaska in 1989, the US Government required all new oil tankers built for use between US ports to be equipped with a full double hull.
The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 1959. Headquartered in London, United Kingdom, IMO currently has 175 Member States and three Associate Members.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of June 2016, 167 countries and the European Union are parties.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. Angela Croome reported in January 1999 that there were approximately three million shipwrecks worldwide.
The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty that sets minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.
Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage caused to cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.
Marine insurance covers the physical loss or damage of ships, cargo, terminals, and any transport by which the property is transferred, acquired, or held between the points of origin and the final destination. Cargo insurance is the sub-branch of marine insurance, though marine insurance also includes onshore and offshore exposed property,, hull, marine casualty, and marine liability. When goods are transported by mail or courier or related post, shipping insurance is used instead.
Marine salvage is the process of recovering a ship and its cargo after a shipwreck or other maritime casualty. Salvage may encompass towing, re-floating a vessel, or effecting repairs to a ship. Today, protecting the coastal environment from spillage of oil or other contaminants is a high priority. Before the invention of radio, salvage services would be given to a stricken vessel by any ship that happened to be passing by. Nowadays, most salvage is carried out by specialist salvage firms with dedicated crew and equipment.
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924.
The Convention on Limitation of Liability for Maritime Claims is an IMO treaty that was concluded in London in November 1976. It entered into force in 1986 and superseded the 1957 Brussels Convention of the same name. As of October 2016, 54 states are party to the convention.
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage. Innovations in the LOF 1980 have engendered a major change in environmental salvage.
The law of salvage is a principle of maritime law whereby any person who helps recover another person's ship or cargo in peril at sea is entitled to a reward commensurate with the value of the property saved.
The Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea is a treaty on marine salvage that was concluded on 23 September 1910, in Brussels, Belgium.
The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as the CLC Convention, is an international maritime treaty admistered by the International Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving oil tankers.
The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 91 per cent).
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 is an international maritime convention affirming the right of a coastal State to "take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty".
The Nagasaki Spirit [1997] is an English admiralty law case on marine salvage and on the provisions of Article 13 and 14 of the 1989 Salvage Convention.