What is the scope of the Protocol of 2005 to the International Convention on Salvage?

The Protocol of 2005 to the International Convention on Salvage is an international agreement that was established to modernize the existing laws governing salvage operations. The Convention has been a fundamental part of maritime law for over a century, governing the division of risks, rewards, and liabilities between salvors and those whose goods have been, or are in danger of being, lost at sea. The Protocol of 2005 broadens the scope of the existing Convention, establishing greater certainty in the international legal framework for maritime salvage. The Protocol seeks to achieve this by clarifying the definition of a ‘salvage operation’ and expanding the definition of what is considered a ‘maritime peril.’ The Protocol of 2005 also introduces a range of new rules, regulations, and legal principles that seek to provide greater clarity and certainty in maritime salvage operations. For example, salvors are now entitled to receive a ‘special compensation’ if they salvage goods that are of higher value than the goods they had expected to salvage. Additionally, the Protocol places the burden of demonstrating a salvors negligence on the salved owner, who must prove that their negligence is the direct cause of the salvors failure. Finally, the Protocol of 2005 also establishes a range of procedural requirements for salvage operations, including the need for salvors to provide documented evidence that their actions have been conducted in accordance with international conventions and laws. This helps to ensure that maritime salvage operations are conducted in a safe and secure manner. Overall, the Protocol of 2005 to the International Convention on Salvage helps to improve the international legal framework governing salvage operations, by providing more certainty to stakeholders and introducing a range of safety measures. California has adopted the Protocol of 2005, meaning that it forms a fundamental part of the maritime law in the state.

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