Original scientific paper
COMITÉ MARITIME INTERNATIONAL AND THE DISCUSSION WITH REGARD TO THE AMENDMENTS TO THE 1989 INTERNATIONAL SALVAGE CONVENTION
Igor Vio
; Pomorski fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Mišo Mudrić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Abstract
The Paper analyzes the work product of the Comité Maritime International with regard to
the review of the 1989 International Salvage Convention. The authors examine the detailed
proposals submitted for consideration, evaluate their usefulness, and clarify the reasons for
the acceptance or rejection thereof. Special focus is set on the (rejected) proposal introducing
the environmental award, a new concept of salvage reimbursement with regard to the
actions taken to prevent or minimize damage to the marine environment. In order to gain a
better insight into the proposed concept, the authors examine the Convention’s and standard
salvage contract forms’ models of salvage reimbursement, the concept of liability salvage,
the Convention’s marine environment protection framework, and the relevant cases before
Australian, American, English and Spanish courts. The concept of environmental salvage
is additionally examined from the point of view of the equity principle, placing forward a
number of points of critique with regard to the current legal framework, and pointing out two
different models of assessing environmental salvage services, thus significantly impacting the
size of the salved fund and the size of salvage award.
Keywords
Salvage Convention; CMI; marine salvage; liability salvage; environmental award
Hrčak ID:
137490
URI
Publication date:
20.12.2014.
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