Travaux Preparatoires of the Convention on Salvage 1989.pdf

26 COMITE MARITIME INTERNATIONALIntroduction4. With respect to o<strong>the</strong>r cases <strong>the</strong> question arises whe<strong>the</strong>r <strong>the</strong> liability <strong>of</strong> salvorsvis-à-vis third parties or <strong>the</strong> ship and cargo should be determined by ordinary tort lawor modified, for instance so as to be based on some serious fault. A special problem iswhe<strong>the</strong>r <strong>the</strong> salvor should be liable for damage caused during salvage operationsdirected by government authorities.VIII.A NEW CONVENTIONThe Salvage <strong>Convention</strong> 1910 needs revision in light <strong>of</strong> subsequent experienceand practice. The need for revision is particularly relevant with respect to cases wherea marine accident creates risks <strong>of</strong> damage to third party interests. For reasons givenabove II.2.f and VI.1, revision <strong>of</strong> existing standard contracts is not considered to be anappropriate remedy. The revision <strong>of</strong> <strong>the</strong> international law <strong>of</strong> salvage should beaccomplished by <strong>the</strong> adoption <strong>of</strong> a new international treaty.The alternatives seem to be(i)(ii)to adopt a protocol to <strong>the</strong> 1910 <strong>Convention</strong>,to leave <strong>the</strong> cases where only ship and cargo are in danger to be governedby <strong>the</strong> 1910 <strong>Convention</strong> and to draft a separate new convention for caseswhere <strong>the</strong> ship, cargo and third party interests are in danger and(iii) to draft a new comprehensive convention on salvage, while recognizing that<strong>the</strong> need for law revision varies with <strong>the</strong> particular salvage situations.The need to elaborate a coherent and consistent legal regime for salvage, suitedto modern conditions, suggests that a new comprehensive convention to replace <strong>the</strong>1910 <strong>Convention</strong> be drafted. Experience has shown that protocols or o<strong>the</strong>r additionalinstruments to existing conventions are likely to create difficulties in practice,particularly as a result <strong>of</strong> <strong>the</strong>ir adverse effect on <strong>the</strong> uniformity <strong>of</strong> law.