Toward a New Salvage Regime for Environment: Reformation of the International Convention on Salvage 1989 and Thailand's Implementation

Author:Patthara Limsira
Position:Assistant Professor at Faculty of Law, Ramkhamhaeng University, Thailand
Pages:179-189
SUMMARY

The Salvage Convention 1989 establishes the main international legal framework dealing with salvage operations and environmental protection. It is the result of many years of drafting and diplomatic efforts where the treaty was negotiated and concluded. It is undeniable that the Salvage Convention 1989 has encouraged private sector and public authorities to establish and maintain the resources... (see full summary)

 
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Toward a New Salvage Regime for Environment:
Reformation of the International Convention
on Salvage 1989 and Thailands Implementation
Patthara Limsira
The Salvage Convention 1989 establishes the main international legal framework dealing
with salvage operations and environmental protection. It is the result of many years
of drafting and diplomatic efforts where the treaty was negotiated and concluded. It is
undeniable that the Salvage Convention 1989 has encouraged private sector and public
authorities to establish and maintain the resources needed to contain ecological damage.
This was an important accomplishment. Providing adequate incentives for rapid salvage
operation adds to the traditional rewards. Nevertheless, the problems of updating the
provisions of the Salvage Convention 1989 need to be addressed and the path ahead is
still long and winding. In particular, the importance of environmental considerations is
increasingly signicant. As a result, modern salvage operations must also take into account
measures to prevent damage to the environment. Todays international community is
searching for a new salvage regime and law. This paper examines the possibility of building
the new salvage regime and its implementation in Thailand.
Keywords
Salvage Convention 1989, Thailand, Lloyd’s Open Form, IMO, Marine
Salvage Act
1. Introduction
Maritime salvage is the process of recovering a ship, along with its cargo, which
is in distress due to an emergency or localized danger that puts the vessel at risk
* Assistant Professor at Faculty of Law, Ramkhamhaeng University, Thailand. LL.B.(Cum Laude)/LL.M. (Chula.) The
author may be contacted at: patthara@ru.ac.th.
All the websites cited in this article were last visited on May 8, 2020.
J. East asia & intl l. Vol. 13/No.1 (2020); 179-190
Publication type : Research Article
Section : East Asian Observer
DOI : http://dx.doi.org/10.14330/jeail.2020.13.1.09

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