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, commonly known as the “Protocol of 2005” is an international treaty that was adopted in London on 28 April 2005. It was enacted in order to further strengthen the existing framework for maritime salvage efforts. The Protocol of 2005 supersedes the International Convention for the Safety of Life at Sea (SOLAS 1974) and replaces the 1989 Salvage Convention. The Protocol of 2005 is a comprehensive regime to enhance the safety of vessels and maritime structures, as well as protecting the marine environment from the effects of maritime accidents. The Protocol of 2005 applies to all salvage operations that are conducted on the open seas, as well as those within a state’s territorial waters. It applies to all vessels, regardless of flag, that are operating on the open seas. Additionally, the Protocol of 2005 applies to all salvage activities, regardless of whether they involve a collision, grounding, stranding, or other source of damage or distress. The Protocol of 2005 outlines the roles and responsibilities of various stakeholders in a salvage operation, including the salvors, the recipients of the salvaged property, and the states involved. In addition, the Protocol of 2005 sets out the procedures and requirements for the assessment of the salvors’ claims, as well as the calculation of the award or compensation for performing the salvage services. The Protocol also outlines the rights and obligations of the salvors, including the right to damages for the vessel owners, operators, or other persons liable for the damages caused in the course of the salvage operations. Finally, the Protocol of 2005 also provides guidance for the prompt and complete removal of wreckage, and the prevention of pollution from a salvage operation.

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