Law4u - Made in India

What Is the International Convention on Salvage?

Answer By law4u team

The International Convention on Salvage, adopted in 1989 and entering into force in 1996, is a key international treaty that governs the rights and obligations of parties involved in salvage operations at sea. It aims to promote effective salvage work while encouraging salvors to protect the marine environment. The Convention updates previous rules and introduces provisions addressing environmental concerns in salvage efforts.

Main Provisions of the International Convention on Salvage

Scope of Application

The Convention applies to salvage operations conducted on the high seas and in territorial waters, covering ships and other maritime property in danger.

Rights and Duties of Salvors

Salvors are entitled to a reward for successful salvage operations but must act without negligence and take reasonable measures to protect the environment and property.

Salvage Reward

The reward is calculated based on the value of the salvaged property, the degree of success, the skill and efforts of the salvors, and the environmental protection measures taken.

Special Compensation for Environmental Salvage

If salvors prevent or minimize environmental damage (such as oil spills) but the salvage operation fails to recover property, they may be entitled to special compensation.

Exclusion of Contractual Salvage Operations

Salvage contracts made under Lloyd’s Open Form or other agreements are governed by the Convention’s provisions.

Liability and Limitations

Salvors are liable for damage caused by their negligence but are generally protected from unlimited liability.

Environmental Protection Focus

The Convention emphasizes preventing or minimizing damage to the environment during salvage operations.

Salvors are encouraged to take preventive actions to avoid pollution from wrecks or cargo.

Example

Scenario:

A cargo ship runs aground near the coast, risking a large oil spill.

Steps to be Taken:

Engagement of Salvors: The shipowner contracts a salvage company to refloat the vessel and prevent pollution.

Salvage Operation: Salvors work to refloat the ship and contain any oil leakage.

Assessment of Salvage Reward: Based on the success and environmental protection efforts, salvors claim a reward under the Convention.

Special Compensation: If pollution damage was minimized but the ship was lost, salvors may claim special compensation.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Nanduri Srinivas

Advocate Nanduri Srinivas

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ajay Kumar Mishra

Advocate Ajay Kumar Mishra

Anticipatory Bail,Criminal,Civil,Domestic Violence,Motor Accident,

Get Advice
Advocate Lakhte Husain Rizvi

Advocate Lakhte Husain Rizvi

Banking & Finance, Cheque Bounce, Corporate, Cyber Crime, International Law, Patent, Trademark & Copyright

Get Advice
Advocate Sathyaraj S

Advocate Sathyaraj S

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Property, R.T.I, Startup, Tax, Trademark & Copyright, Wills Trusts, Revenue, Child Custody, Civil, Immigration

Get Advice
Advocate Kolla V Raghunath

Advocate Kolla V Raghunath

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Landlord & Tenant, Motor Accident, Muslim Law, Succession Certificate

Get Advice
Advocate Madan Mohan Sharma

Advocate Madan Mohan Sharma

Cheque Bounce, Civil, Consumer Court, Motor Accident, Family

Get Advice
Advocate Hemant Kumar Guru

Advocate Hemant Kumar Guru

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Chinmay H Acharya

Advocate Chinmay H Acharya

Anticipatory Bail, Consumer Court, Cheque Bounce, Divorce, Family, Criminal, Cyber Crime, Child Custody, Court Marriage, R.T.I, High Court, Motor Accident, Recovery, Muslim Law

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.