Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-30T19:46:53.188Z Has data issue: false hasContentIssue false

11 - The Environment in Shipping Incidents: Salvage Contracts and the Public Interest

from Part II - CSR and Sustainable Development Cross-Country Studies

Published online by Cambridge University Press:  18 December 2019

By
Durand M. Cupido
Edited by
Onyeka Osuji ,
Franklin N. Ngwu  and
Dima Jamali
Onyeka Osuji
Affiliation:
University of Essex
Franklin N. Ngwu
Affiliation:
Pan-Atlantic University, Nigeria
Dima Jamali
Affiliation:
American University of Beirut
Get access

Summary

The chapter examines these standard form salvage contracts against the backdrop of sustainable development and whether they provide an appropriate balance between environmental protection and commercial outcomes in the narrow (the interests of salvors and property owners) and wider sense. It is shown that modern salvage operations involve at least two of the three recognised interdependent and mutually reinforcing pillars of sustainable development (economic development, social development and environmental protection). The chapter illustrates the challenges faced by salvors in commercial salvage operations as the ones tasked with the furthering of potentially divergent interests (environmental and commercial) and explores the linkages between salvage operations and sustainable development. It examines environmental provisions in the LOF and SCOPIC demonstrating that while these contracts provide a de facto furthering of environmental outcomes, this is incidental to the commercial interests of the contracting parties. The contracts provide no direct basis to promote the environmental protection interests of third-party stakeholders. The chapter argues that the use of the stipulatio alteri could provide such a direct legal basis to address external stakeholders’ interests in environmental protection while ensuring an integrated and sustainable balancing with economic endeavour.

Keywords

Coastal StatesEnvironmentMarine CommercePublic InterestSalvageShippingSouth AfricaStipulatio AlteriStakeholderSustainable Development
Type
Chapter
Information
Corporate Social Responsibility in Developing and Emerging Markets
Institutions, Actors and Sustainable Development
 , pp. 206 - 231
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Aberdein, D. (1994). Marine Salvage and the Environment: New Zealand and the 1989 Salvage Convention, Australian and New Zealand Maritime Law Journal, 10(1), 35–74.Google Scholar
Binney, B. (1990). Protecting the Environment with Salvage Laws: Risks, Rewards, and the 1989 Salvage Convention, Washington Law Review, 639–56.Google Scholar
Birks, P. (1985). Introduction to the Law of Restitution, Oxford: Oxford University Press.Google Scholar
Bishop, A. (2012). The Development of Environmental Salvage and Review of the London Salvage Convention. Tulane Maritime Law Journal, 37, 65–106.Google Scholar
Burrows, A. (2011). The Law of Restitution, 3rd ed. Oxford: Oxford University Press.Google Scholar
Chen, L. (2001). Recent Developments in the Law of Salvage of the Marine Environment, International Journal of Marine and Coastal Law, 16(4), 686–98.Google Scholar
Coulthard, P. (1983). A New Cure for Salvors? A Comparative Analysis of the LOF 1980 and the C.M.I Draft Salvage Convention, Journal of Maritime Law and Commerce 14(1), 45–67.Google Scholar
De La Rue, C. and Anderson, C. (1998). Shipping and the Environment, London: Informa.Google Scholar
De La Rue, C. and Anderson, C. (2009). Shipping and the Environment, 2nd ed. London:Informa.Google Scholar
De La Rue, C. and Anderson, C. (2012). Environmental Salvage – Plus ça change …? The Journal of International Maritime Law, 18,279–92.Google Scholar
Gaskell, N. (1986) The Lloyd’s Open Form and Contractual Remedies Lloyd’s Maritime and Commercial Law Quarterly, 306–49.Google Scholar
Goff, R. and Jones, G. (1966). The Law of Restitution, London: Sweet & Maxwell.Google Scholar
Gold, E. (1989). Marine Salvage: Towards a new regime, Journal of Maritime Law and Commerce, 20,487–503.Google Scholar
Kerr, D. (1989). The 1989 Salvage Convention: Expediency or Equity, Journal of Maritime Law and Commerce, 20(4), 505–20.Google Scholar
Kerr, M. (1990). The International Convention on Salvage 1989 – How It Came to Be, International and Comparative Law Quarterly, 39, 530–56.Google Scholar
Klippert, G. (1983). Unjust Enrichment, Toronto: Butterworth.Google Scholar
Merkin, R. (2000). Privity of Contract: The Impact of the Contracts (Rights of Third Parties) Act 1999, London: Routledge.Google Scholar
Miller, A. (1981). Lloyd’s Standard Form of Salvage Agreement – LOF 80: A Commentary Journal of Maritime Law and Commerce, 12(2), 243–61.Google Scholar
Redgwell, C. (1990). The Greening of Salvage Law, Marine Policy, 142–50.Google Scholar
Reeder, J. (2003). Brice on Maritime Salvage, 4th ed. London: Sweet & Maxwell.Google Scholar
Reeder, J. (2011). Brice on Maritime Law of Salvage, 5th ed. London: Sweet and Maxwell.Google Scholar
Rose, FD. (1989). Restitution for the Rescuer Oxford Journal of Legal Studies. 9, 167–204.Google Scholar
Rose, F. D. (2010). Kennedy & Rose Law of Salvage, 7th ed. London: Thomson Reuters.Google Scholar
Stoljar, S. (1964). The Law of Quasi-Contract, Law Book Company for New South Wales Bar Association.Google Scholar
Sutherland, P. (2006). Third-Party Contracts. In Macqueen, H. and Zimmermann, R. D., eds., European Contract law – Scots and South African Perspectives’, Edinburgh: Edinburgh University Press, pp. 203–29.Google Scholar
Sutherland, P. and Cupido, D. M. (2004). Insurance Law. Annual Survey of South African Law, 540–65.Google Scholar
Van der Linde, M., ed., (2010). Compendium of South African Environmental Legislation 2nd ed. Pretoria: Pretoria University Law Press.Google Scholar
Van Rensburg, A, Lotz, J. G. and Van Rhijn, T. A. R. (2014) Contract. In D. Joubert, ed., The Law of South Africa 3rd ed. Vol 9.Google Scholar
Virgo, G. (1999). Principles of the Law of Restitution, Oxford: Oxford University Press.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×