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Pollution at Sea

9

ENVIRONMENTAL SALVAGE: TIME FOR A CHANGE?

ENVIRONMENTAL SALVAGE: TIME FOR A CHANGE?

Archie Bishop
1

INTRODUCTION

For centuries salvors were rewarded based on the value of the property they salved. They worked on a no-cure no-pay basis and if they failed, they were entitled to nothing despite whatever work they did or whatever expense they incurred. To encourage them to proceed to the assistance of ships that threatened damage to the environment, the International Convention on Salvage (Salvage Convention) 19892 ameliorated this harsh no-cure no-pay rule, by the provision of a safety net which entitled a salvor to his expenses if he went to the assistance of a ship that threatened damage to the environment, plus an uplift of those expenses if they actually prevented damage to the environment.3 In recent years salvors have said, in the light of experience and changing circumstances, that this is unsatisfactory and that the law needs to be amended so as to entitle them to a separate environmental award, whenever they actually protect the environment, in addition to the traditional salvage award which is made when they succeed in salving a ship and its cargo.

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