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Historic wrecks as Salvable Maritime Property

The legal position regarding salvage of historic wreck, being a major form of Malaysia’s underwater cultural heritage, can be examined from the perspective of Merchant Shipping laws. However, the need for cultural and historical preservation is an obvious competing interest that must be considered....

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Main Author: Mahmud Zuhdi Mohd Nor,
Format: Article
Language:English
Published: Fakulti Undang - Undang 2010
Online Access:http://journalarticle.ukm.my/646/1/Historic_Wrecks_As_Salvable_Maritime_Property.doc
http://journalarticle.ukm.my/646/
http://ejournal.ukm.my/juum
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spelling my-ukm.journal.6462019-05-14T04:43:55Z http://journalarticle.ukm.my/646/ Historic wrecks as Salvable Maritime Property Mahmud Zuhdi Mohd Nor, The legal position regarding salvage of historic wreck, being a major form of Malaysia’s underwater cultural heritage, can be examined from the perspective of Merchant Shipping laws. However, the need for cultural and historical preservation is an obvious competing interest that must be considered. Hence the question whether the law could effectively deal with this issue. This paper examines the status of historic wreck as a salvable maritime property under Malaysian law by looking at core provisions under Merchant Shipping Ordinance 1952 and some of the universally accepted salvage law principles with particular emphasis on the requirements for a successful salvage. This paper suggests that although the Ordinance is ill-suited to deal with the specific concerns of historic wrecks in terms of preservation mechanism, certain mechanism offered are still of practical use. Fakulti Undang - Undang 2010 Article PeerReviewed application/msword en http://journalarticle.ukm.my/646/1/Historic_Wrecks_As_Salvable_Maritime_Property.doc Mahmud Zuhdi Mohd Nor, (2010) Historic wrecks as Salvable Maritime Property. Jurnal Undang-undang, 14 . ISSN 1394-7729 http://ejournal.ukm.my/juum
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description The legal position regarding salvage of historic wreck, being a major form of Malaysia’s underwater cultural heritage, can be examined from the perspective of Merchant Shipping laws. However, the need for cultural and historical preservation is an obvious competing interest that must be considered. Hence the question whether the law could effectively deal with this issue. This paper examines the status of historic wreck as a salvable maritime property under Malaysian law by looking at core provisions under Merchant Shipping Ordinance 1952 and some of the universally accepted salvage law principles with particular emphasis on the requirements for a successful salvage. This paper suggests that although the Ordinance is ill-suited to deal with the specific concerns of historic wrecks in terms of preservation mechanism, certain mechanism offered are still of practical use.
format Article
author Mahmud Zuhdi Mohd Nor,
spellingShingle Mahmud Zuhdi Mohd Nor,
Historic wrecks as Salvable Maritime Property
author_facet Mahmud Zuhdi Mohd Nor,
author_sort Mahmud Zuhdi Mohd Nor,
title Historic wrecks as Salvable Maritime Property
title_short Historic wrecks as Salvable Maritime Property
title_full Historic wrecks as Salvable Maritime Property
title_fullStr Historic wrecks as Salvable Maritime Property
title_full_unstemmed Historic wrecks as Salvable Maritime Property
title_sort historic wrecks as salvable maritime property
publisher Fakulti Undang - Undang
publishDate 2010
url http://journalarticle.ukm.my/646/1/Historic_Wrecks_As_Salvable_Maritime_Property.doc
http://journalarticle.ukm.my/646/
http://ejournal.ukm.my/juum
_version_ 1643734786897870848
score 13.211869

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