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Abstract

In the light of the London Convention of 1989 concerning sea-rescue and salvage, the recovery of property lost at sea may be the subject of a salvage agreement, to the extent that the person deciding on the matter of salvage considers that those objects are threatened by some danger. The situation concerning salvage of property that has already sunk is quite different. Usually haste is not a factor here and the possibility exists of concluding an appropriate agreement. One of the main purposes for beginning work on the London Convention concerning Sea-rescue and Salvage - besides the need to create a willingness among salvagers to work to protect the natural environment - was a desire to expand the scope of maritime salvage. This aim was certainly achieved. In light of the decisions of this convention, almost any property may be the subject of salvage operations, including sunken property.
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Authors and Affiliations

Wojciech Adamczak
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Abstract

The aim of this article is not to consider the need for the ratification of specific international agreements, but it is rather an attempt to determine the consequences of potential ratification with respect to the contents of maritime code regulations. It seems that reference to the resolutions of a given convention by maritime code regulations is generally a better solution. This permits avoiding distortion in the content of international agreements. Nonetheless, these principles should not be applied always or arbitrarily. It may occur that, in a specific instance, it is better to try to incorporate the resolutions of a given convention into the contents of the maritime code. The fundamental conclusion drawn by the author of the article is that there is no need to change the maritime code when new international conventions are ratified.

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Authors and Affiliations

Wojciech Adamczak
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Abstract

The new Maritime Code of2001 contains regulations governing salvage at sea, in Title VJ (Agreements), in Section V/11 (Salvage at Sea), and in Articles 231-249. The content of these regulations is in accord with the decisions of the London Convention of 1989, which came into force on 14 July 1996, and which has not yet been ratified by Poland. The basic changes introduced by the new Maritime Code in relation to salvage at sea have to do with a substantive extension of the object of salvage and with a consideration of the need to protect the natural environment. In accordance with Article 231 of the Maritime Code, salvage at sea involves giving help to a vessel that is in danger in any waters whatsoever, and salvaging property aboard the vessel or originating in it. It also involves salvaging any other property on the sea and not connected permanently and deliberately to the shore. The essence of the change introduced by the new Maritime Code has to do with recognizing as salvaged property any property on the sea, and not just a vessel or property aboard or originating from such a vessel. The author concentrates on comparing the regulations relating to salvage based on the Bruss ells Convention of 191 O and on the new convention SALVAGE 89.
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Authors and Affiliations

Wojciech Adamczak

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