Original scientific paper
The protection of the marine environment and the new convention on salvage, 1989
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
The new International Convention on Salvage, 1989, devotes a significant part to protection of the marine environment. Especially important is Art. 14 which introduces ''special compensation'' as a corrective means of the traditional ''no cure - no pay'' principle. This means that if the salvor has carried out salvage operations in respect of a vessel which in itself or its cargo threatened damage to the environment and has failed to earn a reward under well-known criteria in art. 13 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 has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor may be increased up to a maximum of 30 percent of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria s3et out in art 13, par.1, may increase such special compensation further, but in no event shall the total increase be more than 100 percent of the expenses incurred by the salvor.
Keywords
International Convention on Salvage (1989); salvage at sea; special compensation; marine environment protection;
Hrčak ID:
214009
URI
Publication date:
4.6.1990.
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