What is the scope of the International Convention on Salvage of 1989?
The International Convention on Salvage of 1989 (“SALVAGE 1989”) is a United Nations treaty that applies to the international law of maritime salvage. Salvage is a term used in maritime law to describe the rescue of a vessel, cargo, or crew in peril. The purpose of SALVAGE 1989 is to provide a consistent, equitable framework for rewarding salvors and effectively incentivizing maritime salvors to save vessels, cargo, and lives. SALVAGE 1989 applies to all vessels navigating the high seas, regardless of the flag of the vessel. It applies to vessels navigating in inland waters as well, but does not apply to warships or vessels engaged in government service. The Convention defines ‘salvor’ as any person or entity that provides services or assistance in connection with the salvage of a vessel, cargo, or crew in peril. Under SALVAGE 1989, salvors are required to provide services “in the spirit of saving human life, avoiding damage to the environment, and mitigating or preventing damage to property.” Therefore, when providing assistance or services, their primary focus must be on saving lives, followed by protecting the environment, and finally preventing or reducing damage caused to property. The Convention also allows parties to provide additional incentives besides financial compensation, such as set amounts of fuel or water, if necessary. In summary, the International Convention on Salvage of 1989 provides salvors with a consistent, equitable framework for rewarding those that provide assistance or services in the spirit of saving human life, avoiding damage to the environment, and mitigating or preventing damage to property.
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