| Salvage at sea is a particular legal mechanism in maritime law, as compared to other laws. This regime purports to encourage Dutchmen to salve vessels, cargoes on board and lives in the perils of the sea so that the safety of navigation can be maintained. Considering gargantuan risks incurred at sea, the law confers entitlements to salvors to claim salvage awards, which will compensate the out-of-pocket expenses of vessels and equipment:-The established salvage regime, not only inspires people to salve vessels, cargoes and/or lives in distress, but also protects the salved property from being possessed by salvors illegally. Hence, the portfolios of salvage at sea are introduced in Chapter One.Chapter Two discusses the influence of English cases and customs on the terms and conditions of Lloyd's Open Form (LOF). Since the closing days of 19th century, contract salvage has taken over the predominance of salvage at sea, based on the principle of "No Cure, No Pay" which is traditionally inherited and largely embodied by LOF. LOF has become the main-stream standard salvage contract, since it was first published in 1908, which has been used and accepted by a high number of shipowners, cargo interests, salvors and underwriters in international shipping market. Currently, a great deal of salvage at sea has definitely been operated under the terms and conditions of LOF.Modern maritime law of salvage, as is known to all, mainly derives from leading cases in English common law. Moreover, LOF, undeniably is drafted on the basis of the well-established principles by roughly 200 years of leading cases about maritime salvage in English law. With the sweeping application of LOF, its authoritativeness enables a great number of nations to legislate for marine salvage. Thus, there existed the trend of uniformity of international maritime salvage law. Furthermore, the 1910 Salvage Convention was drafted on the uniformity. Established principles, such as "No Cure, No Pay" and voluntariness of services, were introduced into this Convention that uniform and stable legal standards of maritime salvage were fully developed.Nevertheless, more often than not, catastrophic oil pollution accidents occurred, accompanying the expansionary volume of sea-borne petroleum and the advent of VLCCs and ULCCs. Paradoxically, although damage to the environment minimized, salvors had been destined to be awarded or compensated for nothing under traditional "No Cure, No Pay" principle, as a consequence of which tankers or cargo oils indanger could not be successfully salved. This regime not only undermined salvors' enthusiasm for salving tankers in distress, but also hampered the prevention of pollution of the sea. Accordingly, it was a strong drive to amend the present maritime salvage law. And in May 1980, LOF1980 was published. So, in Chapter Three, the author compare with the changes from LOF1972 to LOF1980; analyzes the influence of LOF1980 on the 1989 Convention, namely that the mechanism of special compensation was founded according to safety-net clause in LOF1980 very critically.Much as LOF1980 milestoned the unprecedented terms, such as safety-net clause and salvors' liability limitation clause, however, LOF is but an adhesion contract which limitedly mandates rights and duties bilaterally. -With the purport to solving the dilemma of salvage of tankers, chemical carriers, and LNGs, the 1910 Convention should be amended to keep abreast of the development of salvage. The International Salvage Convention, 1989, through the efforts of IMO and member states, was given birth in London.Keeping the present salvage law as stable as it can, the 1989 Convention comprehensively considers the key issues, such as tanker salvage, oil pollution prevention and so on. It absorbed the pertinent clauses of LOF 1980, and also made improvement on LOF 1980, namely from safety-net clause exclusively for tankers to special compensation clause for all types of vessels. The new Convention stipulates rights and duties between salvors and salvees more clearly... |
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