Maritime Salvage Research Papers - Academia.edu (original) (raw)

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- Marine Salvage, Maritime Salvage, Shipwreck salvage
- by Mišo Mudrić
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- Maritime Law, Maritime Salvage
- by Samanti Kulatilake and +2
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- Archaeology, Maritime Archaeology, Paleoanthropology, Prehistoric Archaeology

Marine salvage is one of the most important institutes of Maritime Law. Arisen from customary law, it came to be regulated by law and currently has specific rules.One of the principal rules inmarine salvage is the ‘no cure no pay’ principle.In this, the savior only will receive the payment by the salvage work if a useful result is achieved.The ‘no cure no pay’ was always an imperative principle in marine salvage. However, currently it is gradually being relativized.This practice occurs because of the needs to protectthe marine environment. Thus, even without a useful result, the savior can receive a payment for their services if they protected the marine environment. This article examines this development in principle ‘no cure no pay’ and how the maritime law applies it.

- by Tiago Zanella
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- Environmental Law, International Law, Law of the Sea, Marine Science
- by Oğuz Caner
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- Maritime Law, Maritime Salvage, Shipwreck salvage

This report presents the outcomes of research, side scan sonar and diver survey on the salvage sites of the German High Seas Fleet in Scapa Flow, Orkney. Seventy-four vessels of the High Seas Fleet were interned in the British naval base when the scuttling occurred on the 21st June 1919. Forty-five of the fifty-two scuttled ships were successfully recovered, and evidence of this salvage activity remains on the seabed. This project identified the locations of various components of the salvaged vessels structures, identifying the vessels represented by these wreck sites, furthering our understanding of the salvage activities and the submerged cultural heritage resource of the High Seas Fleet present on the seafloor in Scapa Flow.

- by Kevin Heath and +1
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- Orkney, 1919, World War 1, Maritime Salvage

The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to salvors, which is computed differently to the awards provided in Article 13 and Article 14 of the International Convention on Salvage (1989). In essence, SCOPIC provides agreed tariff rates under the form of a remuneration as an indemnity for the salvage services performed and the salvor’s investments in the operation. The award afforded by SCOPIC, although being a modification of the Article 14 Special Compensation, is based on different principles than those underlying the respective provision of the Convention. The major aim of the current paper is to give a comprehensive explanation of the clause and its features. It will also clarify the development and the operation of the SCOPIC clause and will underline the advantages which it provides to the area of marine salvage. To understand the essence of the SCOPIC clause, one has to be familiar also with the awards available under Articles 13 and 14, and, therefore, a comparison between the three will be made. Thus, it will be illustrated that, depending on the award chosen, there could be a different outcome for all the parties involved in the salvage operation.

- by Ilian Djadjev
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- Shipping/ Transport Logistics, Shipping Management, Shipping, Shipping Economics

In the last ten years, illegal immigration by sea in makeshift boats has considerably affected the Mediterranean Sea. It is a phenomenon managed to a great extent by criminal organizations.
The article reviews the limits of police forces’ authority to prevent and contain the illegal traffic of immigrants on foreign-flag or stateless vessels. The policies of containment and control of such migratory flows by the destination States have to be coordinated with international obligations on matters of safety of human life at sea: identification of the State obliged to assure the organization of the rescue (according to the 1979 Hamburg SAR Convention), method of rescue and landing of rescued persons in a safe port.

- by Michele Comenale Pinto
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- Search and Rescue, SOLAS, Maritime Salvage, Illegal Migration

This report represents the second phase of work (see Henry et al. 2018 for the report on the first phase) to gather data on the seabed remains left behind following the salvage of the German High Seas Fleet, which was interned and subsequently scuttled in Scapa Flow, Orkney, in June 1919. The salvage process that followed the scuttling was an unprecedented achievement and represents another fascinating aspect of Scapa Flow’s maritime heritage.

- by Kevin Heath and +1
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- World War I, Orkney, 1919, Maritime Salvage

This article focuses on the International Salvage Convention and the protection of the environment in salvage operations. The article traces the evolution and history of the law of Salvage to its present status by using the UK as a case study. In essence, the article seeks to ascertain the extent of current international regime on salvage in protecting the environment. The question that this article poses is: Does the International Salvage Convention 1989 accord enough protection to the environment against the backdrop of global efforts to promote environmental protection and sustainable development? The article begins with a brief synopsis of the underlying principles of salvage including the rule of 'no cure-no pay' followed by an appraisal of the events that culminated arguably in the development of the International Salvage Convention 1989 to safeguard the environment in the course of salvage operations. A systematic analysis of the defects inherent in the International Salvage Convention 1989 vis-à-vis protection of the environment are analysed and a number of reforms are highlighted.

The article presents the history and current disputes surrounding the Galleon San Jose. As an on-going case since 1980s, the dispute involves various actors on national, as well as international level. The article discusses this issue focusing on four relevant elements: international and national law, politics and diplomacy. Legal obligations under international law which may be applicable to San Jose galleon are presented, with comments regarding its applicability to Colombia. Subsequently, Colombian relevant national legislature and judicial decisions are discussed, to establish how the Galleon with its treasures may be classified under Colombian civil law. In the last part two elements are presented, namely: politics and diplomacy. This part presents in particular an attitude and actions regarding the case after announced discovery of the shipwreck of the Galleon in 2015.

- by Maciej Zenkiewicz
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- International Law, Colombia, Law of the Sea, Shipwrecks

For a long time the principal of "no-cure no-pay" prevented the assessment of the salvage award where no property has been salved. However, the practice has shown that a blind adherence to that principle may and will jeopardize the protection of the marine environment, especially in the cases were a disaster of a laden tanker (spills of oil and LNG carried as cargo) or large (over 10.000 TEU) vessel (bunker and HNS spills) is likely. The professional salvors, alerted by a number of unfavorable cases, were not anymore prepared to risk their lives and high operational costs of salvage, in situations were a chance of successful recovery of at least a part of property was small. When a number of major oil-spill disasters occurred, the maritime community finally reacted, at first through the industry means of specialized salvage contract forms, followed by a modern regulation of the law of salvage. These legal instruments enabled the salvors to seek remuneration of costs even when the salvage has been unsuccessful, provided that they have used their skill and efforts to protect the marine environment. The status of the salvage industry is furthermore strengthened by the appropriate norms regarding the right to limit the liability, and the exclusion of liability in cases of damage caused by oil pollution (oil carried as cargo). However, no such provisions are ensured regarding the possible spills of bunker oil, or in the case of the criminal sanctions for ship-source pollution. The International Salvage Union reacted strongly against such regulations, threatening to stop the salvage operations until appropriate guarantees have been secured. In the mean time, a CMI questionnaire has been distributed to the Member States to the 1989 Salvage Convention, asking for opinions on, among other things, the possibility of creating a parallel, Environmental Award. So far, the initial Governmental response has been largely unsupportive of the notion.

- by Mišo Mudrić
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- Law, Transportation Studies, Maritime Law, International Environmental Law

Together, archaeological evidence and oral histories better inform our understanding of the interaction between abandoned vessel sites and communities. While the maritime and historic archaeological record can reveal salvage and reuse activities, material culture does not always reflect a direct link between the two. In this study of abandoned vessel material salvage and reuse at Rangitoto Island, Aotearoa / New Zealand, oral histories collected from the owners of baches—small and modest holiday homes—serve as a linkage tool that tie the two together. Furthermore, the archaeological and historical significance of this tangible and intangible cultural heritage serves to foreground the Rangitoto Island community’s current struggle to have this legacy recognised.

- by Madeline Fowler and +1
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- Archaeology, Maritime Archaeology, Historical Archaeology, New Zealand Studies

Rhodos’lu kolonistler II. Kolonizasyon Dönemi sırasında (M.Ö. 750 – 550) Asia Minor’un güney kıyılarında yoğun bir kolonizasyon hareketi gerçekleştirmişlerdir. Bu süreçte, antik aktarımlardan öğrenilen veriler ışığında, Lykia sahilinde Phaselis, Gagai, Korydalla ve Rhodiapolis, Kilikia sahilindeyse Tarsos ve Soloi kentlerini kolonize etmiş oldukları ileri sürülmektedir. M.Ö. VII. yüzyılla bir-likte Rhodos’lu kolonistlerin söz konusu bu bölgelerde hız kazanmaya başlayan kolonicilik faaliyetleri, onların Akdeniz’de yürütmeyi tasarladıkları deniz ticaretiyle ilişkili politikalarının bir parçasıdır. Bu plan çerçevesinde, Rhodos Adası yürütmüş olduğu güçlü denizcilik politikasına paralel olarak kısa sürede Akdeniz’deki lider güç odaklarından biri haline gelmiş, bölge coğrafyadaki başat güçlerle de güçlü bir sosyo-ekonomik ilişki içine girmiştir.

- by Erkan Kurul
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- Admiralty Law, Maritime History, Maritime Law, Law of the Sea

Indice: 1. Introdução: o salvamento marítimo; 2. A relativiza- ção do princípio No Cure No Pay para a proteção do meio am- biente marinho; 2.1. O Princípio No Cure No Pay; 2.2. A ne- cessidade de proteção do meio marinho nas operações de sal- vamento marítimo; 2.3. A proteção do meio marinho na Con- venção de Londres de 1989; 2.4. Compensação Especial; 2.5. Cláusula SCOPIC; 3. Conclusão; 4. Referências.

- by Tiago Zanella
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- Maritime Law, Law of the Sea, Maritime Salvage
- by Joe Borg Camilleri
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- Maritime Policy, Maritime Salvage

This book explores the historical and archaeological evidence of the relationships between a coastal community and the shipwrecks that have occurred along the southern Australian shoreline over the last 160 years. It moves beyond a focus on shipwrecks as events and shows the short and long term economic, social and symbolic significance of wrecks and strandings to the people on the shoreline. This volume draws on extensive oral histories, documentary and archaeological research to examine the tensions within the community, negotiating its way between its roles as shipwreck saviours and salvors.

- by Martin Gibbs
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- Archaeology, Maritime Archaeology, Historical Archaeology, Landscape Archaeology

Nota redazionale alla decisione della Corte di cassazione relativa alla vicenda della nave Sea Watch 3, utilizzata da una ONG per soccorrere migranti in mare, al di fuori delle acque territoriali italiane, che aveva violato il divieto di ingresso in porto, compiendo una manovra in cui aveva urtato l'unità della Guardia di finanza che le bloccava l'accesso alla banchina. La Corte perviene a confermare la doverosità della condotta del comandante della Sea Watch e a negare la natura di "nave da guerra" dell'unità della Guardia di finanza, ai fini dell'integrazione del reato di "re. La nota esamina la decisione, in particolare considerando la la nozione di "luogo sicuro" in cui debba avvenire lo sbarco delle persone soccorse e la nozione di "nave da guerra", ai fini dell'integrazione del reato p. e p. dall'art. 1100 c. nav.

Analyzes the rules disallowing salvage for saving another from incurring liability and the rule generally disallowing salvage for saving life even when this saves a vessel or other entity from incurring liability for loss of life.

- by Steven F Friedell
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- Admiralty and maritime law, Maritime Salvage

Focusing on visual culture produced from Boulogne-sur-Mer to Bordeaux in the 19th and early 20th centuries, this paper explores the mobility of material things that moved across the shoreline and across the Atlantic. Enormous amounts of maërl sand, flint, seaweed, feathers, and sardines were gathered (from a shoreline that had previously seemed impoverished to its visitors) and exported abroad. The material aspects of coastal peasant cultures of fishing, harvesting, recuperation, beachcombing and salvage were at once viscerally repellant and visually appealing to tourists to the coast. These ancient métiers of foraging and recuperation have been recently canonized by the heritage industry. This is especially evident in new, multi-figure memorial sculptural programs on roundabouts near the coast such as the bronze Mussels Pickers in Honfleur, or the Stone Gatherer in Saint-Jouin-Bruneval (near Etretat) or in the re-use of former fishermen’s shacks as chic summer rental homes. The visual language of these recent monuments and re-purposed dwellings is related to paintings and popular visual culture of the later 19th and early 20th centuries in the works of artists such as André Dauchez, Elodie La Villette and the illustrator Maturin Méheut. These artists have been selected to discuss together because of the ecological awareness that they evinced in their work, as they became important actors in their communities, and were intimately connected to the intertidal cultures and ecologies of the shore. The methodology of this talk is drawn from tourism studies, Eco criticism and new materialism.

- by Maura A . Coughlin
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- Tourism Studies, Atlantic World, Ecocriticism, Realism
- by Maciej Zenkiewicz
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- Comparative Law, International Law, Colombia, Political Science

The present study was accomplished to fulfill the requisition of the Appeal Court of the city of Piraeus. According to the Court's Decision, an environmental impact assessment should be made for the ongoing condition of the wreckage along with a study of the corrosion evolution process and a provision of the hull's endurance should be estimated. The wreckage was sounded out, surveyed thoroughly by means of an ROV device immersed ad hoc. Extended videos and photo shots were taken and the exact position of the vessel depicted analytically on a sea contour depth chart. Hull corrosion, sea column & sea bottom sediment sampling carried out for the analysis of hazardous compounds PAHs, TPHs, PCBs and heavy metals in June and July of 2019. Fish and oyster tissues were analyzed in the lab for heavy metals' detection. A great concern was given for (Cd) & (Pb) concentration in sea column nearby wreck. Α report of about 1000 pages of the methodology & results was handed over to the Appeal Court of which merely partial significant segments are presented herein. The technical report denotes that PCBs, PAHs, TPHs sea bed & sea column measurements nearby the wreck were, in general, low or below detectable level. As regards heavy metals concentration level in aquatic sea column, the results indicate that only in certain locations heavy metals i.e. (Pb) and (Ni) were measured above the detection limit and classified according to contamination factors from moderate to high contamination level and might attribute to the presence of the wreck in the close area. Contamination factor indices consolidate the approach that the hull presence in the bottom contributes to the environmental degradation of the "caldera" ecosystem. The vessel's hull is expected to be wiped out in almost four hundred years period according to the applied corrosion model.

- by Stephanos D . V . Giakoumatos
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- Heavy Metal Pollution, Maritime Salvage, Wrecks, Seawater Pollution

La observación remota desde satélites mediante el uso de tecnología de apertura sintética (SAR) permite observar la superficie terrestre ante condiciones climáticas adversas con elevada nubosidad, como sucede gran parte del año en la Patagonia. Nuestro equipo de trabajo ha trabajado con tecnología satelital desde el año 2002 en esta región, utilizando distintos tipos de datos para el monitoreo marino en diversas aplicaciones del ámbito operacional. Mediante medición activa, en el rango de las microondas se han utilizado datos de distintos instrumentos en satélites como ERS1, ERS2, ENVISAT y SENTINEL-1. Se presentan resultados de tres casos de estudio, con el objetivo de demostrar regionalmente el gran potencial de los datos satelitales de radar con fines de monitoreo ambiental y como parte de operativos de rescate y salvamento. Destacamos el caso 2, donde se presenta una colaboración, sin fines de lucro con la Comisión Nacional de Actividades Espaciales (CONAE) y con la Prefectura Argentina, en este ámbito. Las imágenes satelitales elegidas muestran las primeras aplicaciones operacionales de radar en las costas de la Patagonia Chilena y Argentina con datos Sentinel-1, con ejemplos que permite observar desde el espacio mas allá de lo que verían nuestros ojos.  Se presentan las primeras aplicaciones de datos radar en áreas costeras del sur de Chile con fines operacionales.  Las observaciones realizadas durante 15 años en la zona permiten concluir que el monitoreo operativo mediante imágenes de satélite tanto ópticas como de radar, combinado con datos in situ, permite anticiparse a estos fenómenos oceanográficos y planificar las operaciones ante contingencias ocurridas en el mar.

The purpose of salvage in the context of maritime law is to encourage persons to render prompt, voluntary, and effective service to ships at peril or in distress by assuring them compensation and reward for their salvage efforts. Rather than obtaining title to the salvaged property, a salvor acts on behalf of the property’s owner, thereby obtaining a security interest or lien against the property saved. In other words, salvage does not warrant possession of the property to the salvor. Rather it entitles the salvor to compensation for return of the property to its owner. The term “salvage” is often misconstrued with the law of finds, which allows a finder of abandoned property to acquire title by reducing the property to personal possession. This misapplication of the law of finds is mistakenly applied to the concept of “salvage” in premise of Salvage-1 and also by space enthusiasts and advocates alike.

- by Michael J Listner
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- International Law, Maritime Law, Law of the Sea, Domestic Space
- by Hayley Roberts
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- Protection of Underwater Cultural Heritage, Titanic, Maritime Salvage