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

Toward a New Salvage Regime for Environment:

Reformation of the International Convention

on Salvage 1989 and Thailand’s 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. Today’s 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 & int’l 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