Travaux Preparatoires of the Convention on Salvage 1989.pdf

220 COMITE MARITIME INTERNATIONALArticle 8 - Duties <strong>of</strong> <strong>the</strong> salvor and <strong>of</strong> <strong>the</strong> owner and master2. The owner <strong>of</strong> a vessel or property salved and brought to a place <strong>of</strong> safetyshall accept redelivery when reasonably requested by <strong>the</strong> salvors.Art. 2-2. Duties <strong>of</strong> <strong>the</strong> salvor1. The salvor shall use his best endeavours to salve <strong>the</strong> vessel and property andshall carry out <strong>the</strong> salvage operations with due care. The salvor shall whenever reasonablyrequired arrange for assistance from o<strong>the</strong>r salvors available also use his best endeavoursto avoid and minimize damage to <strong>the</strong> environment.2. The salvor shall, whenever <strong>the</strong> circumstances reasonably require, obtainassistance from o<strong>the</strong>r available salvors. However, he may not reject an <strong>of</strong>fers <strong>of</strong>assistance made by o<strong>the</strong>r salvors unless when he can reasonably expect to completeunassisted <strong>the</strong> salvage operation successfully within a reasonable time, or <strong>the</strong> capabilities<strong>of</strong> <strong>the</strong> o<strong>the</strong>r salvors are inadequate.Report by <strong>the</strong> Chairman <strong>of</strong> <strong>the</strong> International Sub-CommitteeDocument Salvage-19/III-815. Performance <strong>of</strong> salvage operations. The provisions <strong>of</strong> Chapter II are new,except art. 2-3 which is a concise restatement <strong>of</strong> <strong>the</strong> principles <strong>of</strong> <strong>the</strong> 1910 <strong>Convention</strong>art. 11-12. The Draft <strong>Convention</strong> arts. 2-1, 2-2 and 2-4 deal with <strong>the</strong> duties imposedon <strong>the</strong> various private and public parties concerned for <strong>the</strong> purpose <strong>of</strong> ensuring <strong>the</strong>efficient carrying out <strong>of</strong> salvage operations, also with <strong>the</strong> view that damage to <strong>the</strong>environment be avoided. The need for co-operation between <strong>the</strong> parties is a recurrent<strong>the</strong>me.The case where several salvors may be available is dealt with in art. 2-2(2). Thefirst salvor may <strong>the</strong>n have a duty to obtain assistance from such o<strong>the</strong>r salvors. Theseprovisions are based on <strong>the</strong> idea that <strong>the</strong> law should encourage co-operation between<strong>the</strong> several salvors available ra<strong>the</strong>r than consider <strong>the</strong>m as competitors. It is envisagedthat, when assessing <strong>the</strong> payment due to each <strong>of</strong> <strong>the</strong>m (cf. arts. 3-2 and 3-4), <strong>the</strong> courtmay take due account <strong>of</strong> <strong>the</strong> fact that one <strong>of</strong> <strong>the</strong> salvors may have commenced <strong>the</strong>operation before o<strong>the</strong>rs arrived to take part.The discussions in <strong>the</strong> Sub-Committee revealed that co-operation from publicauthorities <strong>of</strong> coastal states would <strong>of</strong>ten be indispensable to <strong>the</strong> success <strong>of</strong> <strong>the</strong> salvageoperations. On <strong>the</strong> o<strong>the</strong>r hand, it was recognized that <strong>the</strong> drafting <strong>of</strong> provisions on thissubject was a most delicate matter. Art. 2-4 should be read in <strong>the</strong> light <strong>of</strong> this.Montreal DraftDocument LEG 52/4-Annex 1Article 2.1. Duty <strong>of</strong> <strong>the</strong> owner and master1. The owner and master <strong>of</strong> a vessel in danger shall take timely and reasonableaction to arrange for salvage operations during which <strong>the</strong>y shall co-operate fully with <strong>the</strong>salvor and shall use <strong>the</strong>ir best endeavours to avoid prevent or minimize danger to <strong>the</strong>environment.2. The owner and master <strong>of</strong> a vessel in danger shall require or accept o<strong>the</strong>rsalvor’s salvage services whenever it reasonably appears that <strong>the</strong> salvor alreadyeffecting salvage operations cannot complete <strong>the</strong>m alone within a reasonable timeor his capabilities are inadequate.2. 3 The owners <strong>of</strong> vessel or property salved and brought to a place <strong>of</strong> safety shallaccept redelivery when reasonably requested by <strong>the</strong> salvors.