A Crisis-Responsive Choice-of-Law Framework for Commercial Cargo Salvage in International Straits: Balancing Coastal State Sovereignty, Environmental Protection and Legal Neutrality

Abstract

International straits are critical maritime corridors where commercial navigation, coastal State sovereignty, environmental obligations, and geopolitical considerations converge. While the International Convention on Salvage 1989 establishes an effective framework for salvage rights and obligations, it provides limited guidance on determining the applicable law for commercial cargo salvage operations during geopolitical crises. This article addresses this regulatory gap by proposing a Crisis-Responsive Maritime Choice-of-Law Framework (CMCL) . Employing a qualitative doctrinal and conceptual legal methodology, supported by comparative legal analysis and marine governance theory, the study examines the legal challenges arising from the absence of a crisis-specific choice-of-law mechanism. Using the Strait of Hormuz as a representative case study, the research integrates maritime law, private international law principles, and marine governance perspectives. The article argues that traditional approaches based exclusively on contractual autonomy, flag State connections, or coastal State law become insufficient in exceptional circumstances where political tensions, security concerns, and environmental risks interact. The proposed framework establishes a hierarchical mechanism that prioritises valid contractual choice of law, incorporates mandatory coastal State interests, and introduces the possibility of applying mutually accepted neutral third-State law under strict conditions, subject to an optional independent review mechanism. The findings demonstrate that integrating private maritime autonomy with public marine governance can enhance legal certainty, fairness, and stability in sensitive maritime regions. The CMCL Framework offers a governance-oriented solution for future international maritime cooperation and crisis management, contributing to both scholarly discourse and policy development in marine governance.