On The Special Compensation System In Maritime Relief

The special compensation system is a system aiming to encourage the salvers to salve damage to the marine environment. This system mainly includes the special compensation system in Article 14 of International Convention on Salvage, 1989 and the SCOPIC Clauses. It has experienced a process of development and improvement,and in 2008 ISU put forward some improvement proposals to the defects of the special compensation system in the Convention.By analyzing the development of the special compensation system and ISU’s proposals, this paper offers several advises for the improvement of the Convention,including a revision of the definition of environmental damage, independent calculation of special compensation, stipulating the calculating methods in detail, and improving the safeguard mechanism of special compensation system.Meanwhile, this paper researches and analyzes the special compensation system of marine salvage in China. The special compensation system in China’s Maritime Law inherited the defects of International Convention on Salvage, 1989. The application of the SCOPIC Clauses in China also comes across some difficulties due to China’s relevant conditions. In the meantime, China’s salvage industry is oriented by public power and there is a lack of competition. Therefore, this paper advises to reasonably revise China’s special compensation system on the basis of China’s national condition. However, the revision of China’s Maritime Law should be based on active participation and promotion of the revision process of the Convention. Also,besides improving legislation, the salvage market should be regulated, so that salvage at sea can be more efficient and orderly.