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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
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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

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