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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.
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.
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.
In The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.
This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.
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.
A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
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.
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.