NationStates Jolt Archive


International Salvage Laws

Cobdenia
23-04-2009, 17:07
Not one of mine, but I thought I'd post it. This has the makings of a good resolution

Human Rights
Strength: Mild
Proposed by: Sydia


SEEING the need to build an international understanding on salvage laws;

NOTING that international salvage laws have yet to be defined by the WA;

AWARE of the benefit such laws would provide for salvage operations;

RECOMMENDS the following measures:

1) All personnel involved in a salvage operation shall take due care to avoid unnecessary risks to human health and not to damage the surrounding environment,

2) When needed, salvors must co-operate with the salvage operations of other nations to ensure the upkeep of 1),

3) Every vessel must, by all practical means, assist any other stricken vessel unless the vessel poses any threat to the salvors, including the potential risk of the salvage operation itself. The decision not to undertake a salvage operation on the grounds of safety is left to the captain of the salvor vessel,

4) Any vessel that encounters a stricken vessel must immediately contact their own nation of the salvor and the nation which owns the stricken vessel, or if the nation owning the stricken vessel is unknown, the home nation of the stricken vessel, or if the stricken vessel’s home nation is unknown, the nearest friendly nation to the salvage site,

5) Vessels which have been designated war graves are not eligible for salvage, unless explicitly stated by the nation which owned the craft at the time of its destruction. the home nation of the vessel at the time of destruction. Any salvor breaking this clause shall be subject to the appropriate laws of said nation,

6) Any crewmen on board a salvageable vessel must co-operate fully with the salvors in order to ensure their own safety and the safety of all involved vessels,

7) Once a salvaged vessel has been safely retrieved the salvor must make arrangements to deliver the vessel to its rightful owner as soon as possible,

8) Any salvaged vessel which has been lost or otherwise deemed irretrievable by the party originally owning it shall be considered become the property of the salvor.

9) Depending on the nature of the salvage operation and the skill and risk involved to the salvor, the salvor is entitled to payment for services should the party owning the vessel seek to re-acquire it,

10) This resolution shall only apply to international waters only.

11) Salvage that is of legitimate historical interest is eligible to be claimed by the nation nearest to the salvage site provided the wreck is put on public display. A salvor is still entitled to compensation in this case. Salvors dealing in wrecks which have historical value must receive training in archaeological techniques in order to prevent damage to the wreck.

Not perfect. I'll alert
Quintessence of Dust
23-04-2009, 17:15
I saw this in queue and thought it was pretty interesting. Sydia was active in the UN in 2004, so far as I know.

I can't remember: has the WA actually delineated national and international waters?
Sydia
23-04-2009, 17:27
Yes, indeed he was. This was one of my last ones that didn't get through as I was indisposed at the time and couldn't submit it myself, but it was rigorously debated by The North Pacific (in 2005). I resubmitted it after seeing only 3 proposals in the queue, none of them of too much merit. Here was the original raw text;

SEEING the need to build an international understanding on salvage laws;

NOTING that international salvage laws have yet to be defined by the UN;

AWARE of the benefit such laws would provide for salvage operations;

RECOMMENDS the following measures:

1) All personnel involved in a salvage operation shall take due care to avoid unnecessary risks to human health and not to damage the surrounding environment,

2) When needed, salvors must co-operate with the salvage operations of other nations to ensure the upkeep of 1),

3) Every vessel must, by all practical means, assist any other stricken vessel unless the vessel poses any threat to the salvors, including the potential risk of the salvage operation itself. The decision not to undertake a salvage operation on the grounds of safety is left to the captain of the salvor vessel,

4) Any vessel that encounters a stricken vessel must immediately contact their own nation of the salvor and the home nation of the stricken vessel, or if the stricken vessel’s home nation is unknown, the nearest friendly nation to the salvage site,

5) Vessels which have been designated war graves are not eligible for salvage, unless explicitly stated by the home nation of the vessel at the time of destruction. Any salvor breaking this clause shall be subject to the appropriate laws of said nation,

6) Any crewmen on board a salvageable vessel must cooperate fully with the salvors in order to ensure their own safety and the safety of all involved vessels,

7) Once a salvaged vessel has been safely retrieved the salvor must make arrangements to deliver the vessel to its rightful owner as soon as possible,

8) Any salvaged vessel which has been lost or otherwise deemed irretrievable by the party originally owning it shall become the property of the salvor. A salvor shall contact the nation where the vessels home port was located and the nation of the salvor and inform the relevant authorities that the salvaged vessel and cargo is to be considered property of the salvor, should all nations consent. In the event that the salvaged vessels home port is unknown, the nearest friendly nation to the site may be contacted,

9) Depending on the nature of the salvage operation and the skill and risk involved to the salvor, the salvor is entitled to payment for his/her services should the party owning the vessel seek to re-acquire it,

10) This resolution shall only apply to international waters only. All UN members retain the right to govern their waterways, excepting where covered by the clauses of previous UN resolutions,

11) Legal issues arising from salvage operations in international waters shall be referred to a court of law in nations including that of the owner before the vessel became salvage, or the nationality of those claiming salvage rights, or nations whose waters are adjacent to the salvage site,

12) Salvage that is of legitimate historical interest is eligible to be claimed by the nation nearest to the salvage site provided the wreck is put on public display. A salvor is still entitled to compensation in this case. Salvors dealing in wrecks which have historical value must receive training in archaeological techniques in order to prevent damage to the wreck. Professional archaeologists must be present at a salvage site of historical interest, and have the authority to dismiss salvors needlessly harming the wreck.
I edited out the UN refs and snipped it a bit for the WA's sake (the word count seems to be shorter) into;
International Salvage Laws

A resolution to improve worldwide human and civil rights.


Category: Human Rights


Strength: Mild


Proposed by: Sydia

Description: SEEING the need to build an international understanding on salvage laws;

NOTING that international salvage laws have yet to be defined by the WA;

AWARE of the benefit such laws would provide for salvage operations;

RECOMMENDS the following measures:

1) All personnel involved in a salvage operation shall take due care to avoid unnecessary risks to human health and not to damage the surrounding environment,

2) When needed, salvors must co-operate with the salvage operations of other nations to ensure the upkeep of 1),

3) Every vessel must, by all practical means, assist any other stricken vessel unless the vessel poses any threat to the salvors, including the potential risk of the salvage operation itself. The decision not to undertake a salvage operation on the grounds of safety is left to the captain of the salvor vessel,

4) Any vessel that encounters a stricken vessel must immediately contact their own nation of the salvor and the nation which owns the stricken vessel, or if the nation owning the stricken vessel is unknown, the home nation of the stricken vessel, or if the stricken vessel’s home nation is unknown, the nearest friendly nation to the salvage site,

5) Vessels which have been designated war graves are not eligible for salvage, unless explicitly stated by the nation which owned the craft at the time of its destruction. the home nation of the vessel at the time of destruction. Any salvor breaking this clause shall be subject to the appropriate laws of said nation,

6) Any crewmen on board a salvageable vessel must co-operate fully with the salvors in order to ensure their own safety and the safety of all involved vessels,

7) Once a salvaged vessel has been safely retrieved the salvor must make arrangements to deliver the vessel to its rightful owner as soon as possible,

8) Any salvaged vessel which has been lost or otherwise deemed irretrievable by the party originally owning it shall be considered become the property of the salvor.

9) Depending on the nature of the salvage operation and the skill and risk involved to the salvor, the salvor is entitled to payment for services should the party owning the vessel seek to re-acquire it,

10) This resolution shall only apply to international waters only.

11) Salvage that is of legitimate historical interest is eligible to be claimed by the nation nearest to the salvage site provided the wreck is put on public display. A salvor is still entitled to compensation in this case. Salvors dealing in wrecks which have historical value must receive training in archaeological techniques in order to prevent damage to the wreck.
Eluneyasa
23-04-2009, 19:41
"We will vote in favor if it comes up to vote. This is of a more imminent concern and has been a topic of much discussion," Terrim said.
Okinawakenshi
24-04-2009, 12:21
His Hon. Foreign Ambassador to the Commonewealth has expressed concerns that a conflict of interest may arise out of this resolution as non-WA members may choose to not comply with legislations put through the WA.

Understanding that there are certain restrictions to the salvation processes in this resolution, the Commonwealth is deeply concerned if there was another party (non-WA nation) was present at the salvation site and wishes to salvage the sunken vessel. It may be unfair for nations who are complying with this resolution.

Generally speaking, the Commonwealth is just concerned about hindrance in the processing of salvage missions posed by other nations not bound by this legislation.
Cobdenia
24-04-2009, 14:17
I saw this in queue and thought it was pretty interesting. Sydia was active in the UN in 2004, so far as I know.

I can't remember: has the WA actually delineated national and international waters?

Not yet, but it will. When I get the time. I'll probably just de-UNify the old one and resubmit it, more or less.