Salvage

The law of salvage rewards those who voluntarily assist a ship or other property in danger at sea. The International Convention on Salvage 1989, given the force of law in the United Kingdom by the Merchant Shipping Act 1995, defines a 'salvage operation' as 'any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.' The Convention's definition of 'property' is broad, covering 'any property not permanently and intentionally attached to the shoreline and includes freight at risk' — so a cargo, or the freight payable for carrying it, can itself be the subject of a salvage claim, not just the ship.

The Convention does not simply reward rescue at any cost: it imposes duties on the salvor while the operation is under way. Article 8 requires the salvor to 'carry out the salvage operations with due care' and, reflecting the Convention's modern concern with pollution, to 'exercise due care to prevent or minimise damage to the environment.' The vessel's owner and master are placed under a corresponding duty to cooperate fully with the salvor and likewise to take care to prevent environmental harm during the operation.

A successful salvage claim gives rise to a maritime lien over the property saved, which secures the salvor's right to payment even if the vessel is later sold. The Convention makes clear that this lien is preserved by national and international law, though it ceases to be enforceable once the shipowner has tendered satisfactory security for the claim — the point of the lien is to guarantee the reward, not to give the salvor an indefinite hold over the ship.