THE FUTURE OF THE PRIVITY OF THE SALVAGE CONTRACT: CERTAIN POLICY CONSIDERATIONS IN SALVAGE OPERATIONS IN SOUTH AFRICA STUDIED COROLLARY WITH THE US

Abstract

Salvage operations as a maritime practice go beyond just a country’s national interests as they are constantly at the cusp of global ocean-wide interaction and disaster management. Maritime disasters invariably affect parties in various nations and their port State controls. Further, such disasters also directly affect insurers based in jurisdictions where there is sufficient liquidity to cover what are often very large claims. In local courts, these claims may be enforced by incola (Arnold v United Insurance, 1893) against foreign parties. Therefore, this paper considers the multi-faceted policy aspects of South African salvage law and operations and some cutting-edge developments in the United States (US) salvage legal practice that may change how salvors are hired and fired. This paper will provide significant insight into the standards that modern salvors are expected to meet, using these two nations, which represent an African State and the West, with unique but related international perspectives. The South African salvage operations’ legal expanse historically and in modern times is sampled with the US, reflecting examples of nations that are IMO participants, this will add to knowledge and contribute to core discussions such as saving human life at sea, property and the environment. Salvage operations have been approached through international law and other companywide modern contracts, technology, and amendments in law, which must be understood to ensure success. This academic discourse incorporates relevant sample salvage data and legal case studies, which ensures a critical and practical analysis that may assist salvage operations personnel and industry worldwide.