Posted: October 19th, 2023

When and How Were Maritime Salvage Laws Developed

When and How Were Maritime Salvage Laws Developed: A Historical Analysis of the Evolution of the Legal Principles and Practices of Maritime Salvage

Maritime salvage is the process of rescuing a ship or its cargo from peril at sea and receiving a reward for the service. It is a vital activity that promotes maritime safety, environmental protection and economic efficiency. However, the legal principles and practices of maritime salvage have not always been the same. They have evolved over time in response to changing circumstances, technologies and values. This blog post will provide a historical analysis of the development of maritime salvage laws from ancient times to the present day.

The Origins of Maritime Salvage Laws

The origins of maritime salvage laws can be traced back to ancient civilizations such as Greece and Rome. The Greeks had a concept of “koinonikon”, which means “common good”, and recognized the duty of seafarers to assist each other in distress (Wikipedia, 2021). The Romans developed a more elaborate system of laws based on the edicts of Rhodes and the Digest of Justinian, which established the criteria for salvage awards and the rights and obligations of the parties involved (Wikipedia, 2021). The Roman law of salvage was based on the principle of “no cure, no pay”, which means that a salvor is only entitled to a reward if the salvage operation is successful.

The Influence of Medieval and Early Modern Europe

The Roman law of salvage was transmitted to medieval and early modern Europe through various sources, such as the Byzantine Empire, the Islamic world, the maritime codes of Barcelona and Wisby, and the writings of jurists such as Hugo Grotius and Samuel Pufendorf (Wikipedia, 2021). The law of salvage was also influenced by local customs and practices of different regions and countries, such as England, France, Spain, Portugal and the Netherlands. The law of salvage was generally applied by admiralty courts, which had jurisdiction over maritime matters. The law of salvage was often intertwined with other legal concepts, such as prize law, wreck law and general average.

The Development of Modern Maritime Salvage Laws

The development of modern maritime salvage laws can be divided into three main phases: the codification phase, the revision phase and the harmonization phase. The codification phase took place in the 19th and early 20th centuries, when several countries enacted national laws or conventions on maritime salvage, such as the French Law of 1857, the British Merchant Shipping Act of 1854, the German Commercial Code of 1861 and the International Convention for the Unification of Certain Rules Relating to Assistance and Salvage at Sea of 1910 (IMO, 2021). These laws or conventions aimed to provide a clear and uniform framework for regulating maritime salvage operations and determining salvage awards.

The revision phase took place in the second half of the 20th century, when several factors prompted the need for updating and reforming maritime salvage laws. These factors included the emergence of new technologies (such as helicopters, satellites and diving equipment), the increase in maritime traffic and trade (especially oil tankers and container ships), the rise in environmental awareness and concerns (especially after major oil spills such as Torrey Canyon in 1967 and Exxon Valdez in 1989), and the development of new forms of salvage services (such as preventive salvage, wreck removal and marine firefighting) (IMO, 2021). These factors led to various initiatives to revise existing laws or conventions or to adopt new ones, such as the International Convention on Salvage of 1989 (IMO, 2021).

The harmonization phase is still ongoing in the 21st century, when there is a growing recognition of the need for achieving greater consistency and coherence among different national or regional laws or conventions on maritime salvage. This is because maritime salvage is inherently an international activity that involves cross-border cooperation and coordination among various stakeholders, such as salvors, shipowners, insurers, authorities and environmental groups. Therefore, there is a need for establishing common standards and rules that can facilitate effective and efficient maritime salvage operations and ensure fair and adequate compensation for salvors while protecting the interests of other parties and the environment. Some examples of harmonization efforts include the adoption of regional agreements (such as the Nairobi International Convention on Removal Wrecks) or guidelines (such as those issued by Lloyd’s Open Form or BIMCO) or the promotion of best practices (such as those developed by International Salvage Union) (IMO, 2021).

Conclusion

Maritime salvage is an ancient but dynamic field that has undergone significant changes over time. The legal principles and practices of maritime salvage have evolved from simple customs to complex laws that reflect the diverse and changing needs and values of the maritime community. The history of maritime salvage laws shows that there is a constant tension between stability and change, between tradition and innovation, and between diversity and uniformity. The challenge for the future is to find a balance that can ensure the continued viability and vitality of maritime salvage as a vital service for maritime safety, environmental protection and economic efficiency.

References

IMO (2021) International Convention on Salvage. Available at: https://www.imo.org/en/About/Conventions/Pages/International-Convention-on-Salvage.aspx (Accessed: 19 October 2023).

Wikipedia (2021) Law of salvage. Available at: https://en.wikipedia.org/wiki/Law_of_salvage (Accessed: 19 October 2023).

Wikipedia (2021) Marine salvage. Available at: https://en.wikipedia.org/wiki/Marine_salvage (Accessed: 19 October 2023).