Research On The Salvage Special Compensation System

Due to the specific risks to the sea, there exist a lot of unique systems in maritime law,such as the salvage special compensation system. Traditional salvage has been followed by the International Convention on salvage, 1910 which established the principle of "no effect,no pay" , and the traditional salvage reward calculation had been challenged in practical application, which led to the introduction of the International Convention on salvage, 1989. In view of the increasingly serious pollution of the marine environment, the International Convention on salvage, 1989 introduced salvage special compensation system, and broke the traditional salvage principle of "no effect, no pay". The system aimed to encourage salvors to save the ships and cargoes which did harm to and had threat to marine environment through special compensation so as to avoid further pollution and other damage, which made an indelible contribution to the protection of marine environment. However, the provisions of the special compensation system in the International Convention on salvage, 1989 has some imperfections as well. Lloyd's salvage contract format (LOF) and Shipowners Mutual Assurance Association Special Compensation Clause (SCOPIC) have made response. Special compensation system in the maritime law in China has almost been transplanted from the International Convention on salvage, 1989, even the imperfect side also being absorbed.Therefore,the provisions on special compensation system of China's "maritime law" should draw lessons from international salvage legislation and practical experience to be modified and improved.Firstly, this paper introduces the basic theory of the relevant maritime salvage special compensation in order to clear the status of the special compensation system in the system of salvage. Then, the provisions of the 1989 international salvage Convention on the special compensation system and the development of the SCOPIC clause and the LOF contract format are introduced in detail from two aspects of international legislation and international practice. Finally, this paper analyses the present situation and development of the special compensation system in maritime law of China, and puts forward a perfect salvage special compensation system proposal from the two aspects of substantive law and procedural law through learning from the legislation and practice of the international salvage at sea.Concretely, the perfection of substancial law include the applicable subject matters, applicable scope,the contribution of special compensation,the time period of the calculation of special compensation, the calculation and payment of the special compensation,etc. And the perfection of procedural law include how to initiate the special compensation procedure, how to offer a guarantee, limitation period and jurisdiction.etc.