Međunarodni pomorski odbor i rasprava o izmjenama i dopunama Međunarodne konvencije o spašavanju iz 1989. godine
Comité Maritime International and the discussion with regard to the amendments to the 1989 International Salvage Convention

Summary/Abstract: The paper analyzes the work product of the Comité Maritime International with regard to the review of the 1989 International Salvage Convention. The authors examine the detailed proposals submitted for consideration, evaluate their usefulness, and clarify the reasons for the acceptance or rejection thereof. Special focus is set on the (rejected) proposal introducing the environmental award, a new concept of salvage reimbursement with regard to the actions taken to prevent or minimize damage to the marine environment. In order to gain abetter insight into the proposed concept, the authors examine the Convention’s and standard salvage contract forms’ models of salvage reimbursement, the concept of liability salvage, the Convention’s marine environment protection framework, and the relevant cases before Australian, American, English and Spanish courts. The concept of environmental salvage is additionally examined from the point of view of the equity principle, placing forward a number of points of critique with regard to the current legal framework, and pointing out two different models of assessing environmental salvage services, thus significantly impacting the size of the salved fund and the size of salvage award.

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