Original scientific paper
Salvage on the Sea and the Protection of the Marine Environment
Ivan Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
On the sea, there always exists solidarity as to the salvage of persons and vessels and other property. There are two international conventions on marine salvage: the 1910 Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea (revised by the Protocol of 1967) and the 1989 International Convention on Salvage (ratified by the Republic of Croatia). The International Convention devotes a significant part to the protection of the marine environment. Especially important is Art. 14, which introduces “special compensation”. This means that if the salvor carries out salvage operations in respect of a vessel, which in itself or its cargo threatened to cause damage to the environment, and fails to earn a reward under the well-known criteria (“no cure – no pay”), at least equivalent to the special compensation assessable in accordance with Art. 14, he shall be entitled to special compensation from the owner of that vessel, equivalent to his expenses. Art. 14, paragraph 2 defines the salvor’s expenses. If the salvor by his salvage operations prevents or minimizes the damage to the environment, the special compensation payable by the owner to the salvor may be increased to a maximum of 100% of the expenses incurred by the salvor. The Croatian Maritime Code (2004) has the same rules for the protection of the marine environment, and especially for the special compensation , as the Convention of 1989 (see Articles 761, 4, 770, para. 3, 772, 774 para. 2, 2, 775, 784, 785).
Keywords
salvage on the sea; the protection of the marine environment; the 1989 International Convention on Salvage; the Croatian Maritime Code; special compensation
Hrčak ID:
72681
URI
Publication date:
16.9.2011.
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