ABSTRACT

Public policy arguments have long underlined the importance of the role of the salvor. Thus, in The Industry, Sir John Nicholl referred to the important principle of encouraging “enterprise, reward exertion, and to be liberal in all that is due to the general interests of commerce, and the general benefit of owners and underwriters, even though the reward may fall upon an individual owner with some severity”. The policy arguments supporting salvage are in our time also reflected in the Preamble to the Salvage Convention 1989 which states that the State Parties to the Convention are: “Conscious of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment.” In the 20th century, the earlier lenient view adopted towards salvors became subject to greater scrutiny by the courts.