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4 MLAANZ Journal 3 (1987)

handle is hein.journals/ausnewma4 and id is 1 raw text is: Salvage and the environment Brian Makins * Peter McQueen ** Brian White *** This is the text of a paper presented to the thirteenth annual MLAANZ Conference at Maui between 17-22 November 1986. I. INTRODUCTION It is noteworthy that in this International Year of Peace, the International Maritime Organisation (IMO) has chosen as its theme for World Maritime Day Global Co-operation for Safety at Sea and the Protection of the Marine Environment - thereby echoing IMO's objective ofcleaner seas and safer ships.' It is now timely to consider the developments which have taken place in the law of marine salvage over the last 20 years. The technological and economic developments in international shipping during this period have pointed up the inadequacies of the 1910 Salvage Convention and the pressing need for change in the law and practice of marine salvage, particularly having regard to the developed awareness in the international community of the environmental consequences which can result from marine casualties. The developments which have taken place can be seen as a reflection of the need to establish sufficient incentives for salvors to ensure the protection of the marine environment. These developments have been prompted substantially by environmental concerns, not least of which is the desire of coastal states to protect their coastlines. These concerns have placed pressures upon the traditional law of salvage. It is the purpose of this paper to highlight the responses which have been made to these pressures by the international community at both industry and governmental levels. Historically, salvage services, to qualify for a reward, have required the presence of three essential elements - danger to property which is a proper • Corporate Lawyer and Secretary, ACTA Shipping, Sydney. •* Solicitor, Ebsworth and Ebsworth, Sydney. •** Solicitor, Brian White and Associates, Port Moresby. 1 SamirMankabady,ed, The InternationalMaritime Organisation (IMO) -Its Major Works Croom Helm, London 1984.

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