Maritime law lrg

Grunt Productions 2007
International MaritimeInternational Maritime
LawLaw
A brief by Lance GrindleyA brief by Lance Grindley

Scope of LessonScope of Lesson
 Nature of International LawNature of International Law
 Law of Armed ConflictLaw of Armed Conflict
 Classification of WatersClassification of Waters
 Status of ShipsStatus of Ships
 Conduct of ShipsConduct of Ships
 PollutionPollution
 Assistance and SalvageAssistance and Salvage

Sources of InformationSources of Information
 Guide to Maritime LawGuide to Maritime Law
 Annual Notices to Mariners (No12)Annual Notices to Mariners (No12)
 Mariner’s Handbook (NP 100)Mariner’s Handbook (NP 100)
 Sailing Directions for local informationSailing Directions for local information
 The Shipmasters business companionThe Shipmasters business companion

DefinitionDefinition
““International law is the system ofInternational law is the system of
rules and principles whichrules and principles which
nations regard as binding uponnations regard as binding upon
them in mutual dealings andthem in mutual dealings and
relations.”relations.”

Sources of International LawSources of International Law
 Written international agreementsWritten international agreements
(Geneva conventions, UNCLOS III)(Geneva conventions, UNCLOS III)
 Established custom and precedentEstablished custom and precedent
 Rulings of the International Court ofRulings of the International Court of
Justice and international arbitrationJustice and international arbitration
courtscourts
 The influence of publicists inThe influence of publicists in
academic writingsacademic writings

Law of Armed ConflictLaw of Armed Conflict
 Evolved as a desire to limit theEvolved as a desire to limit the
effects of any conflict to belligerent’seffects of any conflict to belligerent’s
forces. The law occupies itself with:forces. The law occupies itself with:
 Protection of neutralsProtection of neutrals
 Protection of crews of belligerentsProtection of crews of belligerents
merchant shippingmerchant shipping
 Limiting the areas of conflictLimiting the areas of conflict
 Minimizing the suffering of wounded andMinimizing the suffering of wounded and
POWsPOWs
 Limiting the choice of weaponryLimiting the choice of weaponry

Duties of the Merchant NavyDuties of the Merchant Navy
 To comply with the requirements ofTo comply with the requirements of
international law and practiceinternational law and practice
 To enforce certain provisions ofTo enforce certain provisions of
international law which form part of UKinternational law which form part of UK
municipal lawmunicipal law
 To report any apparent infringement ofTo report any apparent infringement of
international law and practiceinternational law and practice

UN Charter Art 2(4)UN Charter Art 2(4)
 ““All members shall refrain in theirAll members shall refrain in their
international relations from the threatinternational relations from the threat
or use of force against the territorialor use of force against the territorial
integrity or political independence ofintegrity or political independence of
any state”any state”

Self-Defence (UN Charter)Self-Defence (UN Charter)
 Article 51Article 51
 ““Nothing in the present charter shall impairNothing in the present charter shall impair
the inherent right of individual or collectivethe inherent right of individual or collective
self-defence if an armed attack occursself-defence if an armed attack occurs
against a member of the United Nations,against a member of the United Nations,
until the Security Council has takenuntil the Security Council has taken
measures to maintain international peacemeasures to maintain international peace
and security”and security”

Self-defence DefinitionSelf-defence Definition
 Based on Caroline Case (1841) mustBased on Caroline Case (1841) must
show:show:
 ““Necessity of self-defence, instant,Necessity of self-defence, instant,
overwhelming, leaving no choice of meansoverwhelming, leaving no choice of means
and no moment of deliberation”.and no moment of deliberation”.
 ““Nothing unreasonable or excessive; sinceNothing unreasonable or excessive; since
the act was justified by the necessity andthe act was justified by the necessity and
kept clearly within it”.kept clearly within it”.

Aspects of Self-DefenceAspects of Self-Defence
 Concept can be applied widely to a situationConcept can be applied widely to a situation
such as the self-defence of a countrysuch as the self-defence of a country
 Anticipatory action may be performed toAnticipatory action may be performed to
forestall an attack believed to be imminentforestall an attack believed to be imminent
 Dilemma in establishing what constitutesDilemma in establishing what constitutes
hostile intent (preparatory action)hostile intent (preparatory action)
 Proportionality - Self-defence must not beProportionality - Self-defence must not be
excessive and choice of weapons may beexcessive and choice of weapons may be
significantsignificant
 Must not be seen as a reprisalMust not be seen as a reprisal

Exclusion ZonesExclusion Zones
 Right under international law for a countryRight under international law for a country
to declare maritime zones in theto declare maritime zones in the
immediate vicinity of its naval operations.immediate vicinity of its naval operations.
 Exclusion zone developed to suitExclusion zone developed to suit
contemporary maritime operations.contemporary maritime operations.
 Declaration of exclusion zone to adversaryDeclaration of exclusion zone to adversary
and President of UN Security Council.and President of UN Security Council.

Use of Exclusion ZonesUse of Exclusion Zones
 8 Apr 82 maritime exclusion zone (MEZ)8 Apr 82 maritime exclusion zone (MEZ)
declared round Falklands.declared round Falklands.
 23 Apr 82 UK issued warning that any23 Apr 82 UK issued warning that any
approach to the MEZ by Argentine navalapproach to the MEZ by Argentine naval
forces would generate appropriate response.forces would generate appropriate response.
 28 Apr 82 total exclusion zone (TEZ)28 Apr 82 total exclusion zone (TEZ)
declared.declared.
 3 May General Belgrano sunk 36 miles3 May General Belgrano sunk 36 miles
outside TEZ under terms of warning.outside TEZ under terms of warning.

Classification of WatersClassification of Waters
 Law based on United Nations ConventionLaw based on United Nations Convention
on the Law of the Sea (1982)on the Law of the Sea (1982)

Maritime ZonesMaritime Zones
 All maritime zones are measured fromAll maritime zones are measured from
a baseline usually defined by the lowa baseline usually defined by the low
water line along the coastwater line along the coast
 Baseline can be modified to accountBaseline can be modified to account
for special coastal features:for special coastal features:
 Low tide elevationsLow tide elevations
 IslandsIslands
 BaysBays
 Straight baselinesStraight baselines

Territorial Limit from BaselineTerritorial Limit from Baseline
Smooth coastlines need many more points to define the limit

Indented Coastline LimitIndented Coastline Limit
An indented coastline requires few points on
the baselines to define the sea limit.
P1
P2 P3

Low water line (MLWS)Low water line (MLWS)
CoastlineCoastline
Low Tide ElevationsLow Tide Elevations
(Drying heights)(Drying heights)
Territorial LimitTerritorial Limit
drawn fromdrawn from
Low WaterLow Water
markmark
Low Tides ElevationsLow Tides Elevations

Less than 24 milesLess than 24 miles Less than 24 milesLess than 24 miles
Sea BaySea Bay
IndentationIndentation
Non-BayNon-Bay
Territorial LimitTerritorial Limit
Bay Closing LinesBay Closing Lines

Straight Baseline SystemsStraight Baseline Systems
 Permitted on a heavily indented coast orPermitted on a heavily indented coast or
with offshore islandswith offshore islands
 Used to close bays and estuariesUsed to close bays and estuaries
 Dividing line between internal waters andDividing line between internal waters and
territorial watersterritorial waters
 Straight baseline systems increasinglyStraight baseline systems increasingly
used (62 countries)used (62 countries)

Straight Baselines (Example)Straight Baselines (Example)
Territorial SeaTerritorial Sea
Internal WatersInternal Waters
Coastal StateCoastal State
IslandIsland
BaselineBaseline

UKUK
BaselinesBaselines

French BaselinesFrench Baselines
0 60 120
SPAIN
Bay of
Biscay
Corsica
ATLANTIC
OCEAN
MEDITERRANEAN SEA
FRANCE
4O
W 4O
E
48O
N 48O
N
46O
N46O
N
44O
N44O
N
0O

Baselines -Baselines -
Irish RepublicIrish Republic
0 50
nautical miles
Cork
Old Head of
Kinsale
Limerick
Stags of
Broadhaven
Malin Head
Waterford
IRELANDIRELAND
NORTHERNNORTHERN
IRELANDIRELAND

EcuadorEcuador
BaselinesBaselines
in 1971in 1971
3o
23’ 33”
Nautical miles
Point Manglares
Point Galera
Cape Pasado
PACIFIC
OCEAN
La Plata
Island
Point Santa Elena
Puna
Island
PERUPERU
COLOMBIACOLOMBIA
ECUADORECUADOR
0 50

Vietnamese Baseline ClaimsVietnamese Baseline Claims
VIETNAMVIETNAM
SOUTH CHINASOUTH CHINA
SEASEAPhuPhu
QuiQui
50 miles50 miles

Historic BaysHistoric Bays
 Claimed as exceptional right to drawClaimed as exceptional right to draw
bay closing lines across the entrance tobay closing lines across the entrance to
bays and inlets which do not satisfybays and inlets which do not satisfy
normal requirementsnormal requirements
 Based on positive exercise ofBased on positive exercise of
sovereigntysovereignty
 Acceptance by other nationsAcceptance by other nations
 Existence for significant period of timeExistence for significant period of time
 e.g. Hudson’s Bay and Gulf of Californiae.g. Hudson’s Bay and Gulf of California

Historic BaysHistoric Bays
Hudson’s BayHudson’s Bay
Gulf ofGulf of
CaliforniaCalifornia
Gulf of
California
Hudson’s
Bay

Gulf of SirteGulf of Sirte
BenghaziBenghazi
LIBYALIBYA
300 miles300 miles
Mediterranean SeaMediterranean Sea
US ExerciseUS Exercise
AreaArea
Historic Bay Claim - Gulf of SirteHistoric Bay Claim - Gulf of Sirte

Internal WatersInternal Waters
 All waters within the territory of a StateAll waters within the territory of a State
(harbours, rivers and lakes) together with(harbours, rivers and lakes) together with
all waters to landward of the baselinesall waters to landward of the baselines
 Laws of the State are supremeLaws of the State are supreme
 Any vessel can be excludedAny vessel can be excluded
 Warships need diplomatic clearance to enterWarships need diplomatic clearance to enter
 Four inter-oceanic canals are subject toFour inter-oceanic canals are subject to
special rules (Corinth, Suez, Panama, Kiel)special rules (Corinth, Suez, Panama, Kiel)

Territorial SeasTerritorial Seas
 Belt of water extending a maximum of 12Belt of water extending a maximum of 12
miles to seaward of the baselinesmiles to seaward of the baselines
 Part of the sovereign territory of the StatePart of the sovereign territory of the State
 All vessels can normally claim “innocentAll vessels can normally claim “innocent
passage”passage”

Innocent PassageInnocent Passage
 Navigation through the territorial sea for traversing theNavigation through the territorial sea for traversing the
sea without entering internal waters or proceeding intosea without entering internal waters or proceeding into
internal watersinternal waters
 Limitations defined 1982 conventionLimitations defined 1982 convention
 Some States demand prior notification of the passage ofSome States demand prior notification of the passage of
a Merchant Shipa Merchant Ship
 Coastal State is required to publicise dangers toCoastal State is required to publicise dangers to
navigationnavigation
 Right to deny passage if vessel fails to comply with rulesRight to deny passage if vessel fails to comply with rules
 Temporary suspension in specified areas allowedTemporary suspension in specified areas allowed
provided it is not discriminatoryprovided it is not discriminatory

High SeasHigh Seas
 All parts of the sea not included in theAll parts of the sea not included in the
territorial sea or internal waters of aterritorial sea or internal waters of a
StateState
 Vessels generally subject only to theVessels generally subject only to the
jurisdiction of their flag Statejurisdiction of their flag State
 Limited jurisdiction may be exercised byLimited jurisdiction may be exercised by
coastal State, for example:coastal State, for example:
 Internationally agreed fishery regulationsInternationally agreed fishery regulations
 In relation to EEZ or Continental ShelfIn relation to EEZ or Continental Shelf
 Establishing air defence identificationEstablishing air defence identification
zoneszones

Contiguous ZonesContiguous Zones
 May extend up to 24 miles from baselinesMay extend up to 24 miles from baselines
 National jurisdiction only to the extentNational jurisdiction only to the extent
necessary to prevent or punishnecessary to prevent or punish
infringements of customs, fiscal,infringements of customs, fiscal,
immigration or sanitary regulationsimmigration or sanitary regulations

International StraitsInternational Straits
 Route used for international navigationRoute used for international navigation
where no similarly convenient alternativewhere no similarly convenient alternative
existsexists
 Passage cannot be suspendedPassage cannot be suspended
 Over flight and submerged transitOver flight and submerged transit
permittedpermitted

UnitedUnited
KingdomKingdom
Rights ofRights of
PassagePassage
SHETLAND/ORKNEY GAPSHETLAND/ORKNEY GAP
RIGHTS OF TRANSITRIGHTS OF TRANSIT
PASSAGE APPLYPASSAGE APPLY
PENTLAND FIRTH RIGHTS OFPENTLAND FIRTH RIGHTS OF
INNOCENT PASSAGE APPLYINNOCENT PASSAGE APPLY
STRAITS OF DOVERSTRAITS OF DOVER
RIGHTS OF TRANSITRIGHTS OF TRANSIT
PASSAGE APPLYPASSAGE APPLY
NORTHNORTH
CHANNELCHANNEL
RIGHTS OFRIGHTS OF
TRANSITTRANSIT
PASSAGEPASSAGE
APPLYAPPLY
SCILLY ISLES/LANDSSCILLY ISLES/LANDS
END RIGHTS OFEND RIGHTS OF
INNOCENT PASSAGEINNOCENT PASSAGE
APPLYAPPLY

Archipelagic WatersArchipelagic Waters
 Convention includes provisions forConvention includes provisions for
archipelagic states to claim increasedarchipelagic states to claim increased
sovereigntysovereignty
 State may designate sea lanes suitable forState may designate sea lanes suitable for
continuous and expeditious passage incontinuous and expeditious passage in
their normal mode of operationtheir normal mode of operation
 Disputes exist with respect to theDisputes exist with respect to the
designation of these sea lanesdesignation of these sea lanes

Archipelagic State (Example)Archipelagic State (Example)
ArchipelagicArchipelagic
WatersWaters
TerritorialTerritorial
SeaSea
Designated Sea LaneDesignated Sea Lane
ArchipelagicArchipelagic
BaselineBaseline
Ratio ofRatio of
LandLand
to Waterto Water
betweenbetween
1:1 and 1:91:1 and 1:9
InternalInternal
WatersWaters

Archipelagic StateArchipelagic State
FORMOSA
LUZON
STRAIT
CHINA SEA
CELEBES SEA
MINDORO
STRAIT
SULU SEA
PALAVAN
LUZON
MILES
0 60 120 180

Indonesian ProposalIndonesian Proposal
Sumatra
Malaysia
Kallmantan
Java
Lombock
Strait Weter
Strait
Australia
Sunda
Strait
Celebes
Sea
Philippines
PACIFIC OCEAN
INDIAN OCEAN
Java Sea
Malaysia
Brunei
0o
0o
LEGEND
Indonesian Proposed Sea Routes
Other Normal Routes
100o
E 110o
E 120o
E 130o
E 140o
E
110o
E 120o
E 130o
E 140o
E
5o
S

Exclusive Economic ZoneExclusive Economic Zone
 Extends up to maximum of 200 milesExtends up to maximum of 200 miles
 Must be specifically claimedMust be specifically claimed
 Rights extend to all resources in the water,Rights extend to all resources in the water,
on the sea bed and belowon the sea bed and below
 Jurisdiction over research and protectionJurisdiction over research and protection
of environment (include pollution control)of environment (include pollution control)

Continental ShelfContinental Shelf
 May be claimed out to 350 miles or 100May be claimed out to 350 miles or 100
miles beyond 2,500 meter isobathmiles beyond 2,500 meter isobath
 Rights to mineral resources and sedentaryRights to mineral resources and sedentary
species of fishspecies of fish
 Coastal state is entitled to erectCoastal state is entitled to erect
installations and establish safety zonesinstallations and establish safety zones
(500 metres)(500 metres)

Maritime Zones 1982Maritime Zones 1982
ConventionConvention
Continental ShelfContinental Shelf
LowLow
WaterWater
InternalInternal
WatersWaters
1212 1212
188188
Max 350 or 100 beyond 2,500mMax 350 or 100 beyond 2,500m
High SeasHigh Seas
ExclusiveExclusive
Economic ZoneEconomic Zone
BaselineBaseline
TerritorialTerritorial
SeaSea
ContiguousContiguous
ZoneZone

ContinentalContinental
ShelfShelf
Claims westClaims west
of UKof UK
Faeroes
Rockall
Anglo-Irish
Boundary
20o
W
20o
W
10o
W
10o
W
60o
N 60o
N
55o
N 55o
N
50o
N 50o
N
UK Designations
Icelandic
Claim

RockallRockall

Faroe/UKFaroe/UK
BoundaryBoundary
Faroe Islands
Torshavn
Suduroy
Shetland
Orkney
Stornoway
Atlantic
Ocean
Boundary
Britain
preferred
Agreed
demarcation for
oil zones

ProposedProposed
SeaSea
BoundaryBoundary
EnglandEngland
/Scotland/Scotland
Old Boundary
New Boundary
Berwick-
on-Tweed
North Sea
40 miles
Aberdeen

SouthSouth
ChinaChina
SeaSea
South
SouthChinaSea
ChinaSea
VietnamVietnam
Paracel IsParacel Is
Gulf ofGulf of
TonkinTonkin
LaosLaos
TaiwanTaiwan
ThailandThailand
Natuna IsNatuna Is
SingaporeSingapore
0 300 600
CHINACHINA
BruneiBrunei
SarawakSarawak
INDONESIAINDONESIA
PhilippinesPhilippines
MalaysiaMalaysia

Spratly Islands - Licensed OilSpratly Islands - Licensed Oil
Exploration BlocksExploration Blocks
VietnamVietnam
PhilippinesPhilippines
SpratlySpratly
IslandsIslandsChineseChinese
BlockBlock
VietnameseVietnamese
BlocksBlocks
South ChinaSouth China
SeaSea
BruneiBrunei
BorneoBorneo

Status of Naval ShipsStatus of Naval Ships
 Represent the sovereignty and independence ofRepresent the sovereignty and independence of
the State (sovereign immunity)the State (sovereign immunity)
 Must refrain from abusing their immunity (MustMust refrain from abusing their immunity (Must
not interfere in the affairs of another State)not interfere in the affairs of another State)
 Immunity extended to ship’s boats and usually toImmunity extended to ship’s boats and usually to
ship’s company ashore in uniform and on officialship’s company ashore in uniform and on official
businessbusiness
 Diplomatic clearance must be obtained beforeDiplomatic clearance must be obtained before
entering port or internal watersentering port or internal waters

Other VesselsOther Vessels
 State-owned vessels are generally regarded asState-owned vessels are generally regarded as
having same status and immunity as warshipshaving same status and immunity as warships
provided they are not commercially operated.provided they are not commercially operated.
 Commercially operated and merchant ships mayCommercially operated and merchant ships may
fall under the jurisdiction of the Coastal State infall under the jurisdiction of the Coastal State in
the territorial sea and internal waters.the territorial sea and internal waters.
 Jurisdiction in the course of innocent passage isJurisdiction in the course of innocent passage is
limited to offences which affect the coastal Statelimited to offences which affect the coastal State
or disturb the peace and good order, unlessor disturb the peace and good order, unless
assistance is specifically requested, or action isassistance is specifically requested, or action is
necessary to suppress narcotics trafficnecessary to suppress narcotics traffic..

PiracyPiracy
 Only offence for which any nation mayOnly offence for which any nation may
arrest and punish under its own lawsarrest and punish under its own laws
regardless of the nationality of theregardless of the nationality of the
offending vesseloffending vessel
 Offences must be committed on the High SeasOffences must be committed on the High Seas
 Acts must be committed by private individualsActs must be committed by private individuals
operating from private vesselsoperating from private vessels
 Use of government vessels or actions within theUse of government vessels or actions within the
territorial sea do not constitute piracyterritorial sea do not constitute piracy

Actions on the High SeasActions on the High Seas
 Jurisdiction over vessels vested solely inJurisdiction over vessels vested solely in
the Flag State.the Flag State.
 Action against slavery or narcotics trafficAction against slavery or narcotics traffic
must be with the agreement of the Flagmust be with the agreement of the Flag
State.State.
 Exercise of jurisdiction would normally beExercise of jurisdiction would normally be
regarded as aid to civil power and MODregarded as aid to civil power and MOD
approval should be sought.approval should be sought.

Hot PursuitHot Pursuit
 May be exercised by competentMay be exercised by competent
authorities following legal violationsauthorities following legal violations
 Only commences after visual or auditoryOnly commences after visual or auditory
signal to stopsignal to stop
 Order to stop must be made whilst offendingOrder to stop must be made whilst offending
vessel is within specific maritime zonevessel is within specific maritime zone
 Can only continue if pursuit not interruptedCan only continue if pursuit not interrupted
 Ends when offending vessel enters theEnds when offending vessel enters the
territorial sea of another stateterritorial sea of another state

PollutionPollution
 References: MARPOL 73/78, Water BillReferences: MARPOL 73/78, Water Bill
19891989
* Warships exempt but RN ships areWarships exempt but RN ships are
expected to abide by regulations as far asexpected to abide by regulations as far as
operationally possible.operationally possible.
* Coastal State has jurisdiction in the EEZCoastal State has jurisdiction in the EEZ
for “the protection and preservation of thefor “the protection and preservation of the
marine environment”marine environment”
* Garbage controls:Garbage controls:
Discharge of synthetic waste totally prohibitedDischarge of synthetic waste totally prohibited
All non-food waste prohibited in special areasAll non-food waste prohibited in special areas
No food waste within 3 miles of shoreNo food waste within 3 miles of shore

Marpol 73/78 Garbage PollutionMarpol 73/78 Garbage Pollution
RegulationsRegulations
Special AreasSpecial Areas
Baltic; Red Sea; Black Sea; Mediterranean; Arabian GulfBaltic; Red Sea; Black Sea; Mediterranean; Arabian Gulf
North Sea South of 62North Sea South of 62oo
N and East of 4N and East of 4oo
WestWest
English Channel North of 48English Channel North of 48oo
30’N and East of 530’N and East of 5oo
WestWest
Skaggerak North of 57Skaggerak North of 57oo
44’N44’N
Outside 12nmOutside 12nmInside 12nmInside 12nmOutside 25nmOutside 25nmOutside 12nmOutside 12nmInside 3nmInside 3nm 3-12nm3-12nm
FloatingFloating
DunnageDunnage
FoodFood
WasteWaste
Paper, Rags,Paper, Rags,
Glass, MetalGlass, Metal
PlasticPlastic
NoNo
NoNo
NoNo
NoNo NoNo NoNo
NoNo
NoNo
NoNo
NoNo NoNo
YesYes
YesYes
YesYes
YesYes
YesYes
Outside Special AreasOutside Special Areas Special AreasSpecial Areas
ProhibitedProhibited
MutratedMutrated
MutratedMutrated

Pollution - Enforcement ActionPollution - Enforcement Action
 Not normally used to enforce pollutionNot normally used to enforce pollution
legislationlegislation
 Actions normally required:Actions normally required:
 Identify suspected vesselsIdentify suspected vessels
 Report incidentsReport incidents
 Take samples of pollutantTake samples of pollutant
 Photograph offending vesselsPhotograph offending vessels

Assistance (1)Assistance (1)
 ““Assistance should be rendered to a shipAssistance should be rendered to a ship
or an aircraft endangered at sea....onor an aircraft endangered at sea....on
occasions where it is within theoccasions where it is within the
reasonable power of any ship.reasonable power of any ship.

Assistance (2)Assistance (2)
 Merchant Ships are under a legal obligation toMerchant Ships are under a legal obligation to
assist but cannot be requisitioned.assist but cannot be requisitioned.
 Masters are directed to render assistance in allMasters are directed to render assistance in all
reasonable circumstances and failure to do soreasonable circumstances and failure to do so
must be fully documented and the distressmust be fully documented and the distress
message relayed.message relayed.
 Ships should always acknowledge distressShips should always acknowledge distress
messages even if they are unable to assist.messages even if they are unable to assist.

Salvage (1)Salvage (1)
 Maritime salvage is a voluntary service toMaritime salvage is a voluntary service to
save maritime property for monetary gain.save maritime property for monetary gain.
 May be difficult, long-term and legallyMay be difficult, long-term and legally
complexcomplex

 Contractual salvage based on LloydsContractual salvage based on Lloyds
Open Form (LOF 95)Open Form (LOF 95)
 Should not be agreed withoutShould not be agreed without
consultation with Vessels Ownersconsultation with Vessels Owners
 Makes “Company” the salvage contractorMakes “Company” the salvage contractor
with continuing obligationswith continuing obligations
 Salvaged vessel taken to a “place ofSalvaged vessel taken to a “place of
safety”safety”
 Places the service rendered beyond doubtPlaces the service rendered beyond doubt
 Salvor can be sued for negligence by thirdSalvor can be sued for negligence by third
partyparty

 Non-contractual salvageNon-contractual salvage
 Usually preferred methodUsually preferred method
 Neither party legally boundNeither party legally bound
 No guarantee of award by courtNo guarantee of award by court
 Must step aside if other party has LOFMust step aside if other party has LOF

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