Refuge For Ships In Distress At Sea Limitations Within Law Of The Sea Convention
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| Author | : Ronald Bulimu |
| Publisher | : GRIN Verlag |
| Total Pages | : 11 |
| Release | : 2021-04-22 |
| Genre | : Political Science |
| ISBN | : 3346393313 |
Essay from the year 2019 in the subject Politics - International Politics - Topic: Miscellaneous, grade: 4.5, Göteborg University (School of Economics, Business and Law), course: International Law in the Maritime Context, language: English, abstract: This case study presents two critical questions: What are the dangers of exposing a distressed tanker to the open seas over extended period of time? To what extent would providing relief (access to port) to a ship in distress harm the coastal state rendering such assistance? These two questions present one of the most controversial and pressing legal issue within law of the sea in the wake of high profile incidents of vessel-source pollution. The unwillingness of coastal states to grant access to their ports to vessels in distress at sea has attracted parallel opinions from different schools of thought. This could perhaps be attributed to the fact that UNCLOS (1982) which is considered as the constitution of the ocean; fails to provide an express legal order to matters relating to such access. An analysis of the shortcomings within the 1982 LOSC on issues relating to refuge for ships in distress at sea forms the basis of this discussion. Build-up to the discussion will include a brief overview to the customary law perspective on issues of refuge for such ships and the international attitude to this issue through present state practices.
| Author | : Anthony Morrison |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 428 |
| Release | : 2012-06-07 |
| Genre | : Law |
| ISBN | : 9004218882 |
The problem of places of refuge for ships in distress is a pressing issue in maritime circles. Places of Refuge for Ships in Distress by Anthony Morrison examines the problem in the context of international and national law and analyses the remedies that have been suggested for resolving this troubling issue. The book examines places of refuge under international law, the laws of four major maritime States and the European Union. Places of Refuge for Ships in Distress analyses two proposed solutions – voluntary guidelines and a new convention. The book asserts that additional solutions are needed and examines potential alternatives. Places of Refuge for Ships in Distress is particularly useful, not only as an assessment of the specific problem, but also the wider examination of international maritime and environmental law that underpins any solution. It will serve as an essential resource to individuals involved in international, maritime and environmental law and those concerned with the threat to the environment posed by the carriage of dangerous goods by sea.
| Author | : Aldo E. Chircop |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 581 |
| Release | : 2006 |
| Genre | : History |
| ISBN | : 900414952X |
Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
| Author | : Eric Van Hooydonk |
| Publisher | : Taylor & Francis |
| Total Pages | : 528 |
| Release | : 2020-11-25 |
| Genre | : Law |
| ISBN | : 1000340627 |
The need for specific legal arrangements governing ships in distress and places of refuge is one of the most topical problems in both public and private maritime law. The headline grabbing shipping disasters involving the loss of the Erika (1999) and the Prestige (2002) attracted the attention of the IMO, the Comité Maritime International, the European Union, national maritime authorities around the globe and the maritime industry in general. Ultimately the impact of pollution on local economies and the environment was enough to arouse the concern of a broad swathe of public opinion. Places of Refuge provides clarity on: • The scope of the right of access • The conditions under which coastal authorities may deny access • The liability of authorities granting or denying access • The basis and the conditions of financial securities • The obligation to establish contingency plans
| Author | : Felicity G. Attard |
| Publisher | : BRILL |
| Total Pages | : 374 |
| Release | : 2020-08-25 |
| Genre | : Law |
| ISBN | : 9004438254 |
This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.
| Author | : James Kraska |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 965 |
| Release | : 2013-04-15 |
| Genre | : Law |
| ISBN | : 9004233571 |
International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.
| Author | : Anthony P. Morrison |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Harbors |
| ISBN | : 9786613675538 |
By examining the problem of places of refuge for ships in distress and proposed solutions under international, national and regional law, Places of Refuge for Ships in Distress by Anthony Morrison highlights the need for further solutions and presents alternative solutions.
| Author | : Patricia Mallia |
| Publisher | : BRILL |
| Total Pages | : 304 |
| Release | : 2009-10-03 |
| Genre | : Law |
| ISBN | : 9004182977 |
This monograph searches for a solution to the crime of migrant smuggling by sea aimed at reconciling 21st century exigencies with age-old, fundamental principles such as the freedom of the high seas.
| Author | : Anne T. Gallagher |
| Publisher | : Cambridge University Press |
| Total Pages | : 841 |
| Release | : 2014-07-21 |
| Genre | : Law |
| ISBN | : 1107015928 |
This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.
| Author | : |
| Publisher | : Cambridge University Press |
| Total Pages | : 1356 |
| Release | : 2017-12-21 |
| Genre | : Law |
| ISBN | : 1108527566 |
The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.
