Η ΕΙΔΙΚΗ ΑΠΟΖΗΜΙΩΣΗ ΣΤΟ ΔΙΚΑΙΟ ΤΗΣ ΘΑΛΑΣΣΙΑΣ ΑΡΩΓΗΣ

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ŁŏŎ Œņ ¨ňńŇŌņ őœŋłŁőņ ŒŎœ 1910 őŒņ ¨ňńŇŌņ őœŋłŁőņ ŒŎœ 1989 17
ĻůŞũ, ޛū—ŚũŴŭ, ŧūŦũś ›Ţ›ūŜťŤŮŤ33 ŷůŦ Ś›ŬŢ›Ţ ũŞ Ţ›ŚŨťūŰũ ŬŦţŦŧŚŭ ŞŨŨŞŠŚŭ
Ůůū ŚŴŭ ůŷůŢ ŰűŦŮůř—Ţũū šŦŢťũŚŭ ū—ūŦŷ—ūŬűū ũū—Ŧŧŷ ›ŨŞŜŮŦū34, ūŦ ū›ūŜŢŭ ũ’
ŞũůŞ›ūŧŬŜũūũůŞŦ ŮůŞ ũŚŞ šŢšū—ŚũŞ ›ūŰ Ţũ ůŴ —ŢůŞŪŸ ŢŜŲŞũ šŦŞ—ūŬűŴťŢŜ ›Ş-
ŠŧūٗŜŴŭ ūŸůŴŭ ŹŮůŢ ūŦ šŦŞŮŹŮůŢŭ Ţŧůŷŭ Ş›ŷ ůŤũ ›ŞŬūŲś ůŴũ ŮŴŮůŦŧŹũ ۛŤ-
ŬŢŮŦŹũ Ůůū ›ŨūŜū ś ůū ›ŨŴůŷ ũŞŰ›śŠŤ—Ş ũŞ ŚŲūŰũ ŧŞŦ ŚũŞ Ţ›Ŧ›ŨŚūũ ūŦŧūũū—Ŧŧŷ
ŧŜũŤůŬū ŠŦŞ ůŤũ Ş›ūůŬū›ś ś ŢŨŞŲŦŮůū›ūŜŤŮŤ ůŤŭ şŨřşŤŭ ůūŰ ťŞŨřŮŮŦūŰ ›ŢŬŦ-
şřŨŨūũůūŭ Ş›ŷ ůŰŲŷũ šŦŞŬŬūś ›ŢůŬŢŨŞŜūŰ ś řŨŨŴũ ůūŪŦŧŹũ ūŰŮŦŹũ.
ń›Ŧ›ŨŚūũ, Ť —Ť ŦŧŞũū›ūŦŤůŦŧś ŬŸť—ŦŮŤ ůūŰ ū—ūŦŷ—ūŬűūŰ šŦŧŞŜūŰ ůŤŭ ťŞŨřŮŮŦŞŭ
ŞŬŴŠśŭ ŠŦũŷůŞũ ŢũůūũŷůŢŬŤ: Ş) Ş›ŷ ůŦŭ ůŢŲũŦŧŚŭ ŧŞŦ ūŦŧūũū—ŦŧŚŭ ŢŪŢŨŜŪŢŦŭ ›ūŰ
Ţũ ůŴ —ŢůŞŪŸ ŢŜŲŞũ ޛŚŨťŢŦ ŮůŤ ũŞŰůŦŨŜŞ 35, ş) Ş›ŷ ůŦŭ ūŰŮŦŹšŢŦŭ ŞŨŨŞŠŚŭ ›ūŰ
ŢŜŲŞũ ޛŚŨťŢŦ Ůůū šŦŢťũŚŭ ũū—Ŧŧŷ ›ŢŬŦşřŨŨūũ ŞũŞ›ŷٛŞŮůū ů—ś—Ş ůūŰ ū›ūŜūŰ,
33. Wooder: The new salvage convention: a shipowner’s perspective, Journal of Maritime
Law and Commerce 1990, 81
34. Selvig E: Report on the revision of Salvage (April 1980), Travaux Preparatoires of the
Convention on Salvage 1989, C.M.I. 2003, 16. ŏŬşŨ. Sands: Principles of international
environmental law 2003, 450.
35. Selvig E: Report on the revision of Salvage (April 1980), Travaux Preparatoires of the
Convention on Salvage 1989, C.M.I. 2003, 16 («One reason is to be found in the technical
and economic developments in international shipping.
First, the dangers to ship and cargo have been reduced while the dangers which ship
and cargo represent vis-à-vis environment and other third party interests have been
substantially increased. One consequence is that salvage has become of direct concern
also to various third parties and public authorities.
Second, the values of ship and cargo have increased substantially with the result of a
heavy concentration of risks on fewer keels. For the professional salvors this means
fewer, but more valuable opportunities.
This, together with improvements of world-wide communications, also produces
competition among salvors with possible detrimental effects to the salvage industry as
a whole.
Third, the salvage techniques have substantially improved, but they have become by far
more capital intensive. Even this has important implications for the professional salvors.
Fourth, new and important economic interests have been attached to ship and cargo so
as to be affected by the dangers in a salvage situation. One is the risk of liabilities from
marine casualties, another is a consequence of the added importance in shipping of the
time factor. Salvage of ship and cargo may also mean salvage of such economic interests,
which may also derive beneÀt from a salvage operation although ship and cargo do not.
Fifth, from a practical and economic point of view salvage creates a paramount and
direct link between the salvors and the marine insurers of the interests in danger. In
a salvage situation, generally speaking, it is not the owners of such interests, but the
insurers who bear the risk of economic loss and who derive the economic beneÀts from
successful salvage operations. In accordance with the insurance conditions insurers
actually exercise control over or otherwise have a decisive inÁuence on the salvage
operations, approve salvage contracts, etc. Settlements with the salvors are also
a matter for the insurers since it is for them to make the necessary payments to the
salvors».).