Description
Book SynopsisThis book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as the first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations into broader pollution response mechanisms because it does not align comfortably with this framework of laws. Despite the emphasis on envi
Table of Contents
Introduction
I Environment first, in the pursuit and balancing of values via the law
II Historical overview of salvage: Changing contexts and the pursuit of values
III Theory of salvage and environmental protection
IV The International Convention on Salvage 1989 and the environment
V Salvage operations within coastal State marine environmental protection measures and salvors’ environmental services under international instruments outside of the law of salvage.
VI Contracts between Coastal States and Salvors as the Legal Regulatory Framework for Environmental Services in the Context of Salvage Operations
Conclusions
