Izvorni znanstveni članak
Salvaging Vessels in Places of Refuge
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
Salvage constitutes each act or activity undertaken for the purpose of helping people, vessels or other property in danger in navigable waters or in any other waters whatsoever. The Maritime Code of the Republic of Croatia (2004) adopted the principles of the International Convention on Salvage from 1989. Each necessary and useful service and help to people and property in danger at sea can be provided in many technically diff erent ways. Active intervention of another salvor can be executed through towing of the other (cargo) ship in danger to the shelter point providing protection from complete destruction or further damaging of the ship. Such places are called places of refuge. A place of refuge in Croatian Regulations on places of refuge is defined as a place suitable for a temporary placement of a vessel in need of assistance or for eliminating a potential threat to people or environment. There is a wide range of possible shelters which could serve as places of refuge on the coast. The assessment and selection of those places, as well as the choice of tools and equipment for provid ing assistance and salvage and the possibility of minimising and preventing pollution are extremely important. In accordance with the Convention on Salvage from 1989 (of the Croatian Maritime Code) there is compensation in cases where it is necessary to salvage a vessel which by itself or its cargo threatened damage to sea environment (e.g. oil tanker), and there is a possibility that these endeavours yield no results when it comes to the salvage of vessels or cargo, i.e. in the event of special circumstances where there is little chance to salvage property or property value in danger is minor. Modern normative provisions rely on the classic principle that no payment is due to the salvor if the salvage of vessels and cargo yielded no useful results (“no cure – no pay”). Thus the Convention on Salvage from 1989 introduced the “special compensation” to the salvor in such circumstances even if the salvage operation yielded no actual results, although the attempt had been made to eliminate or minimise the consequences of the sea environment pollution. Even though in special circumstances the only option available to avoid sea pollution is particularly the selection of the place of refuge, there is still tenacious resistance from certain coastal States to allow the damaged ships with dangerous cargo into their territorial or inland waters (coastal places of refuge) for the overwhelming fear of potentially damaging pollution consequences. The Republic of Croatia is one of the few coastal States with the Regulations on places of refuge. How to resolve this issue within the international framework? Perhaps if we implement an adequate binding convention? There are certain directives from the European Parliament and the International Maritime Organization. However, it could be expected that the costal States will continue to allow unwillingly the entering of the foreign damaged ships which threaten damage to sea environment into their own so-called places of refuge.
Ključne riječi
salvage; sea pollution; places of refuge; practical dilemmas
Hrčak ID:
74544
URI
Datum izdavanja:
12.10.2011.
Posjeta: 1.435 *