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18 Law of Salvage

Archie Bishop

From: The IMLI Manual on International Maritime Law: Volume II: Shipping Law

Edited By: David J Attard, Malgosia Fitzmaurice, Ignacio Arroyo, Norman Martinez, Elda Belja

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 January 2022

Seafarers — Nationality of ships — Straits

This chapter provides an introduction to international salvage law. It draws the definition of salvage from the former Queen’s Counsel Geoffrey Brice in his Maritime Law of Salvage, where he incorporated the four essential ingredients of salvage. Brice defined the right to salvage arising when a person, acting as a volunteer, preserves or contributes to preserving at sea any vessel, cargo, freight, or other recognized subject of salvage in danger. The chapter analyses each essential characteristic which are: to be a volunteer; to be successful; for the property salved to be a subject of salvage; and for there to be an element of danger. It also looks into some of the Articles of the Salvage Convention 1989 which expanded on the principle that a salvor is only rewarded if the salvage operation successfully rescues the ship or its cargo.

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