Brice on Maritime Law of Salvage, 6th Edition

 

Overview   |   Table of Contents
Brice on Maritime Law of Salvage, 6th Edition

9780414051072
Nov 2016
Brice covers the full range of legal issues that salvage operators, shipping lawyers and average adjusters will come across surrounding sunken ships, namely the principle relevant legislation and international conventions; the salvage forms and other instruments practitioners must use; the pertinent case law; and the historical background in which all these factors must be placed.

NEW TO THIS EDITION

Fully updated to take account of the Nairobi International Convention on the Removal of Wrecks, given effect by the Wreck Removal Act 2011. The Act provides measures to enable the United Kingdom to ratify and implement the ICRW in the United Kingdom’s domestic law by the insertion of new sections (255A to 255U) and a Schedule (11ZA) into the Merchant Shipping Act 1995.Provides expert commentary on the key areas salvage operations including law of salvage, Admiralty Court decisions, the Salvage Agreement, salved property and salved values.

FEATURES

Across its eight chapters the book looks closely at the topics detailed below, and its appendices cover key legislation and other instruments which are crucial to the recovery of salvage.
  • Clause-by-clause analysis of the ‘Lloyd’s Standard Form of Salvage Agreement – No Cure-No Pay’.
  • Insight into arbitration proceedings including key trends in arbitral decision-making.
  • The historical development of the concept of salvage, from the American and UK perspectives, leading to the international conventions which govern maritime salvage today.
  • Outlines and places into context the jurisdiction of the Admiralty Court, in relation to conventions including the Brussels Convention 1910, the European Judgments Contention 1968, the Lugano Convention 1988, and the London Salvage Convention 1989.
  • Analyses the consequences of salvor factors such as theft and looting, and fraud and dishonesty, as well as expenses, losses, apportionment of salvage, remuneration, interest, inflation, and possessory rights.
  • Covers the impact of the London Salvage Convention on salved property and salved values.
  • Examines the cultural heritage, and public interest in, wrecked vessels and cargoes, including the extent of the many public and private interests that operate over a shipwreck, such as wrecks protected for archaeological, scientific or historical reasons.
  • Explains the principles of the Salvage Agreement, covering relevant legislative provisions as well as all the most relevant case law, from The Choko Star to the Sea Angel.
  • Analyses the legal relationship between salvage and the environment, covering such issues as third party claims in relation to danger, pollutants and threats to the environment, environmental aspects of the London Salvage Convention, public international law concerning pollution, and European directives relating to salvage and the environment.
  • Looks at claims following breach of duty, analysing the liability of the salvor and the various claims to damages that result.
  • The appendices include jurisdiction-related legislation, such as the Senior Courts Act 1981 and the Civil Aviation Act 1982; various salvage conventions; merchant shipping acts, including the 1993 Protection of Wrecks Act and the Wreck Removal Convention; Specimen forms and awards, including the Lloyds form and SCOPIC 2011; relevant US legislation, including excerpts from the Constitution, and the Abandoned Shipwrecks Act 1988; as well as various miscellaneous provisions, reports and statistics.