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Maritime Salvage Operations and Environmental Protection (Hardcover)
Loot Price: R1,378
Discovery Miles 13 780
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Maritime Salvage Operations and Environmental Protection (Hardcover)
Series: Routledge Research on the Law of the Sea
Expected to ship within 12 - 17 working days
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This book questions the use of salvage law as legal regulatory
framework for the remuneration of environmental services in salvage
operations, proposing that such services should be based on direct
contracting between commercial salvors and coastal States. Adopting
an environment-first approach, it argues that direct contracting
better serves and promotes environmental protection outcomes. It
also takes a functional view of the law as a tool to promote values
and sought outcomes. Salvage operations are recognised as a first
line of defence against pollution following shipping incidents.
Although regulated under the law of salvage, these operations form
an integral component of a framework of environmental protection
measures regulated under different legal instruments or laws. The
law of salvage fails to effectively integrate salvage operations in
broader pollution response mechanisms because it does not aligns
comfortably with this framework of laws. Despite the emphasis on
environmental protection in the 1989 London Salvage Convention, the
Convention maintains the traditional notion of salvage operations
as a service to property, while environmental outcomes and the
remuneration of environmental services are positioned as a
secondary outcome of the law of salvage. This book argues that
directly contracting for environmental services bolsters the
primacy of environmental protection and the functional use of law
to further environmental protection and policy formulation. Direct
contracting between coastal States and Salvors for environmental
services complements existing practices and pollution response
mechanisms and provides a sound legal basis for the effective
realisation of salvage operations as a first line of defence
against pollution following shipping incidents without
fundamentally altering the established commercial identity of the
traditional law of salvage. This book will be key reading for
students, academics and practitioners working at the intersection
of shipping and environmental law.
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