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Research On Environmental Salvage Reward System In Salvage

Posted on:2016-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2296330467493638Subject:Law
Abstract/Summary:PDF Full Text Request
With social progress, scientific and technological development, contemporary ship carrying capacity is growing rapidly. Cargoes freighted by ships cover a wider range and become numerous. Some dangerous goods and pollutants are included. Once an accident happened, it would cause serious damage to the marine environment. After one shipwreck, timely and efficient marine salvage operations are strongly needed, cause they help to reduce the damage and environmental pollution to a minimum. Maritime transportation serves as an integral part in promoting nation economy. However, maritime accidents have happened one after another, and have caused serious pollution. The ocean environment is facing with great threats. Reasonable legal methods, such as changing the old salvage acts, constructing legal system of environmental aid, and inspiring environmental protection acts are needed in dealing with this problem. Therefore this topic enjoys great significance in promoting the rapid and healthy development of the national economy, and effectively protecting the ocean environment.Through the analyzing of actual rescue cases, we could find that salvage services are rendered primarily for shipwrecked crew, property and vessels. Relief work for the environment has generally been ignored. Therefore, further actions should be taken to deal with the leaking fuel,dangerous materials and other pollutants after shipwreck. Salvage act does not include ocean environment in the subject of salvage. That is to say if environmental rescue should be salvage object, it must have connections with salvage remuneration and special compensation. There is an other point of view. If the savor could successfully finish the salvage task without polluting the environment, then he could enjoy great remuneration. The above viewpoints together showed the independent tendency of environmental salvage remuneration in the whole part of marine salvage. In the process of salvage, distressed goods may pollute the sea. With insurance compensation, the lost may get recuperated. And the ocean environment gets indirect salvage and aid. Therefore, environmental salvage and aids are in compliance with environmental protection. Special compensation system thus come into being. After practicing we find that the system could not effectively stimulate environmental salvage. The main purpose of this article is upgrading and updating current salvage acts and shaping into an advanced and perfect ocean environmental salvage system.After numerous research, I find out that the existing environmental compensation system is not perfect, and needs more improvements. Problems still exist in some areas such as the application for environmental protection rewards, the acknowledgment of rights system, the classification of pollutants and the evaluation system of ocean pollution. This paper aims at providing a new vision on the topic of environmental compensation by studying the inadequacy of current salvage compensation system and learning from foreign experience in legislation and practice.
Keywords/Search Tags:salvage, environmental aid, special compensation, SCOPIC clause, environmental salvage reward
PDF Full Text Request
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