Research On Mandatory Intervention At Sea Conducted By Maritime Authorities

In the maritime accident, authorities often involve in the processing of salvage operations, which is so important for the safety of marine traffic and the protection of ocean environment that it can promote the development of the shipping market. Such participation is known as mandatory removal, mandatory salvage, and mandatory towed, which will be called compulsory intervention in this paper. This paper attempts to analyze some legal issues about compulsory intervention conducted by maritime authorities. The first chapter is to summary characteristics and legal basis of compulsory intervention. The second chapter is to research the substance of such compulsory intervention conducted by maritime authorities and explain the difference between such mandatory intervention and mandatory salvage or salvage at sea by the maritime administrations or in the control of it,and identify that such behavior can be confirmed as administrative substituted fulfillment. The third chapter will discuss the border of such compulsory intervention, and give some advice on the compensation of illegal intervention by maritime administrations. The last chapter is to analysis the substance of mandatory fees, in order to solve some argument in maritime practice.To sum up, the purpose of this paper is to clarify compulsory intervention conducted by maritime authorities, and explain the relationship between such mandatory measure and mandatory salvage or salvage at sea by the maritime administrations or in the control of it. This paper point out that such intervention conducted by maritime authorities shouldn’t be called "mandatory salvage ", and should be looked as administrative substituted fulfillment. What’s more, in order to balance the interests between maritime authorities and the other party, this paper also study the condition, the border, the program and the cost of the compulsory invention conducted by maritime authorities. At last hope that my research conclusion can make some contribution to the maritime practice.