The development of Environmental Salvage and the 1989 Salvage Convention: the proposed amendments to the 1989 Convention and the issues regarding the assessment of Environmental Salvage Awards.

Abstract

The International Salvage Union (ISU) believes that it is time to reconsider its provisions and amend the 1989 Salvage Convention to create a separate and distinct environmental salvage award. ISU is of the opinion that the present systems under the 1989 Salvage Convention and SCOPIC do not provide proper recognition of the salvor’s efforts in protecting the environment. For a long time, salvage was concerned with the principle of no cure no pay. In order to overcome this the 1989 Convention introduced the salvor’s skill and effort to minimize or prevent damage to the environment as a criteria for fixing rewards in terms of Article 13; and Article 14 which allows for a special compensation to be paid even where no property was saved provided there were efforts to protect the environment. Due to difficulties with Article 14 SCOPIC was introduced, which is a clause that can be incorporated under the LOF. This dissertation will critically analyze the ISU’s proposed amendments of the 1989 Salvage Convention and to consider whether this should be incorporated into the South African Wreck and Salvage Act, 1996.