18 Law of Salvage
Edited By: David J Attard, Malgosia Fitzmaurice, Ignacio Arroyo, Norman Martinez, Elda Belja
- 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.