Maritime Salvage Operations and Environmental Protection

The book questions the use of salvage law as a legal regulatory framework for the remuneration of environmental services in salvage operations, advocating for direct contracting between commercial salvors and coastal States. It suggests that direct contracting better serves and promotes environmental protection outcomes, taking a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are an integral component of a broader framework of environmental protection measures, but the law of salvage fails to effectively integrate them into this framework. Direct contracting for environmental services complements existing practices and provides a sound legal basis for the effective realisation of salvage operations as the first line of defence against pollution following shipping incidents.

Format: Hardback
Length: 106 pages
Publication date: 11 January 2023
Publisher: Taylor & Francis Ltd

The book raises critical questions about the effectiveness of salvage law as a legal framework for compensating environmental services in salvage operations. It advocates for a shift towards direct contracting between commercial salvors and coastal States, emphasizing an environment-first approach. By adopting this approach, the book argues that direct contracting better serves and promotes environmental protection outcomes. Furthermore, it takes a functional view of the law as a tool to promote values and sought outcomes.

Salvage operations are crucial in responding to pollution following shipping incidents, as they constitute the first line of defense against environmental degradation. While these operations are regulated under the law of salvage, they are integral to a broader framework of environmental protection measures governed by various legal instruments or laws. However, the law of salvage fails to effectively integrate salvage operations into these broader pollution response mechanisms. This is primarily due to the traditional notion of salvage operations as a service to property, rather than as a means of promoting environmental protection.

Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional view of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are considered secondary outcomes. This book challenges this perspective and argues that directly contracting for environmental services strengthens the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation.

Direct contracting between coastal States and salvors for environmental services complements existing practices and pollution response mechanisms. It provides a sound legal basis for the effective realization of salvage operations as the first line of defense against pollution following ship incidents. By fostering direct communication and collaboration between salvors and coastal States, the book aims to enhance environmental protection and promote sustainable practices in the maritime industry.

In conclusion, this book offers a compelling argument for reevaluating the use of salvage law as a regulatory framework for compensating environmental services in salvage operations. By advocating for direct contracting between commercial salvors and coastal States, it promotes an environment-first approach and seeks to enhance the functional use of law to promote environmental protection and policy formulation. The book's insights contribute to a more comprehensive and effective approach to addressing pollution and environmental degradation in the maritime sector.

Weight: 371g
Dimension: 216 x 138 (mm)
ISBN-13: 9781032325347