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The International Convention on Salvage [1] [2] is a treaty that was concluded in London on 28 April 1989 that replaced the Brussels Convention on Assistance and Salvage at Sea as the principal multilateral document governing marine salvage. The Convention's main innovation is that the scope of salvage law has been extended to cover ...
The scope of salvage has been expanded by the 1989 Salvage Convention, and protection of the environment is part of salvage. Oil pollution can cause damage to the environment. If the salvor prevents oil pollution from happening, he indeed performs a valuable service to the community as mentioned by (1997) 1 Lloyd's Rep 323 (HL), pp. 326–328.
The Nagasaki Spirit [1997] [1] [2] is an English admiralty law case on marine salvage and on the provisions of Article 13 and 14 of the 1989 Salvage Convention.. The case identified problems with the drafting of the convention, a response to which was the 2000 SCOPIC codicil which may be attached to the Lloyd's Open Form ("LOF") to vary the terms of the salvage reward.
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage.
The common law concept of salvage was established by the English Admiralty Court and is defined as "a voluntary successful service provided in order to save maritime property in danger at sea, entitling the salvor to a reward"; this definition has been further refined by the 1989 Convention.
The Brussels Convention forms the basis of current international marine salvage law. [1] The Convention was amended by a Protocol issued in Brussels on 27 May 1967. [3] However, the Brussels Convention has been overridden in some countries by the 1989 International Convention on Salvage, which took effect in 1996. Some states that have ratified ...
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The reason the salvage conventions impose this obligation is to ensure that priority is given to saving lives rather than property in a salvage situation. The first is the Brussel Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea of 1910, or simply the Brussels Convention. Article 11 provides that: