Travaux Preparatoires of the Convention on Salvage 1989.pdf

THE TRAVAUX PREPARATOIRES OF THE 1989 SALVAGE CONVENTION 35Annex 6little prospect <strong>of</strong> succeeding in saving <strong>the</strong> property while, on <strong>the</strong> o<strong>the</strong>r hand, majorsalvage operations might be urgently needed to prevent or minimize damage to <strong>the</strong>environment.A general revision <strong>of</strong> <strong>the</strong> traditional rules <strong>of</strong> salvage as contained in <strong>the</strong> 1910<strong>Convention</strong> was also needed in <strong>the</strong> light <strong>of</strong> <strong>the</strong> age <strong>of</strong> <strong>the</strong>se rules and <strong>the</strong> substantialdevelopments since <strong>the</strong>y were formulated.The most important new rules proposed in <strong>the</strong> draft convention are <strong>the</strong> following:1. Art. 3-2.1. provides that <strong>the</strong> reward shall be fixed with a view to encouragingsalvage operations. Although this principle has <strong>of</strong>ten been followed under <strong>the</strong>regime <strong>of</strong> <strong>the</strong> 1910 <strong>Convention</strong>, it was felt important to stress in <strong>the</strong> <strong>Convention</strong>itself that <strong>the</strong> encouragement <strong>of</strong> salvors is <strong>the</strong> basic consideration, which mustalways be in <strong>the</strong> minds <strong>of</strong> <strong>the</strong> tribunals when salvage rewards are fixed.Fur<strong>the</strong>r, in Art 3-2.1. (b) it is provided that <strong>the</strong> successful salvor <strong>of</strong> property isentitled to an enhancement for his skill and efforts in preventing or minimizingdamage to <strong>the</strong> environment. This is a new consideration, which is expected to bea very important incentive to salvors when <strong>the</strong>y are deciding whe<strong>the</strong>r to undertakesalvage operations concerning casualties which threaten to damage <strong>the</strong>environment and deciding how <strong>the</strong> salvage operations should be carried out insuch cases.2. Art. 3-3. provides special compensation to salvors, who without success attemptto salve a vessel and her cargo, when <strong>the</strong>se threaten environmental damage.Such compensation covers <strong>the</strong> salvors’ expenses and may, when damage to <strong>the</strong>environment is actually prevented or minimized, also include an additional specialremuneration fixed according to <strong>the</strong> circumstances <strong>of</strong> each case, but never toexceed <strong>the</strong> expenses.This special compensation is linked to <strong>the</strong> traditional reward in <strong>the</strong> sense that <strong>the</strong>special compensation is due only if <strong>the</strong> traditional reward is not earned or is below<strong>the</strong> special compensation.3. Chapter II provides rules concerning <strong>the</strong> duties in salvage situations <strong>of</strong> <strong>the</strong> ownerand <strong>the</strong> master, <strong>the</strong> salvor and public authorities. The owners and <strong>the</strong> master <strong>of</strong> <strong>the</strong>vessel in danger shall take timely action to arrange for salvage operations, and <strong>the</strong>salvor shall use his best endeavours to salve <strong>the</strong> vessel. It is also specificallyprescribed that <strong>the</strong>se parties have a duty to use <strong>the</strong>ir best endeavours to preventor minimize damage to <strong>the</strong> environment. Certain rules are proposed concerningcooperation <strong>of</strong> public authorities in such cases.4. A number <strong>of</strong> new rules have been introduced to improve <strong>the</strong> position <strong>of</strong> <strong>the</strong>salvors, in particular pr<strong>of</strong>essional salvors, and <strong>the</strong>reby increase <strong>the</strong> incentives toundertake salvage operations. Thus, in Art. 2-1.3 it is made a duty for owners toaccept redelivery when <strong>the</strong> salved property is brought to a place <strong>of</strong> safety. In Art.4-1.3 <strong>the</strong> salvor is given <strong>the</strong> right to prevent removal <strong>of</strong> <strong>the</strong> salved property from<strong>the</strong> port or place <strong>of</strong> safety until security has been provided. In Art. 4-2 certain rulesare introduced facilitating <strong>the</strong> provision <strong>of</strong> security for <strong>the</strong> salvage reward. In Art.4-3 <strong>the</strong> salvor is given <strong>the</strong> right to claim an interim decision under which he is paidan amount on account <strong>of</strong> <strong>the</strong> salvage reward. This will improve <strong>the</strong> salvor’s cashflow situation while he is awaiting <strong>the</strong> final decision <strong>of</strong> <strong>the</strong> tribunal concerning hisremuneration. In Art. 4-5 certain rules on jurisdiction are given to facilitaterecovery <strong>of</strong> salvage rewards, and in Art. 5-1 contracting States are recommendedto give <strong>the</strong> salvors <strong>the</strong> right <strong>of</strong> limitation <strong>of</strong> liability provided for in <strong>the</strong> 1976<strong>Convention</strong> on <strong>the</strong> limitation for maritime claims.The draft convention deals with many matters which have not been provided for