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.
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.
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
Between 2001 and 2002 the Maritime Institute of the Universiteit Gent and the Centre for International Law of the Vrije Universiteit Brussel joined efforts and hosted Emeritus Professor Dermott Devine as holder of the International Francqui Chair, around the central themes of fisheries and coastal state jurisdiction with respect to marine pollution. As Emeritus Director of the Institute of Marine and Environmental Law, Professor Devine was available for discussion and participation in the scientific life of the different Belgian universities having similar fields of interest. Within this context six classes of excellence were organized with the participation of interested Belgian colleagues across the board, belonging to universities adhering to different basic philosophies and even forming part of different linguistic communities. These classes culminated in a final symposium where Professor Devine gave a birds-eye view of the general theme, overarching and synthesizing the different subjects covered during the previous classes of excellence. This book offers a reworked compilation of all the contributions of the key-note speakers to the classes of excellence.
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.
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov takes a systemic approach in providing a holistic and dynamic understanding of the legal issues raised by ships in peril in the contemporary context.
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
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Photographer Ian Shive shows you the largest network of protected lands and waters in the world, the National Wildlife Refuge System. From the rugged reaches of Kenai, Alaska, to the vibrant coral reefs of the Palmyra Atoll, the National Wildlife Refuge System is dedicated to the preservation of America's natural habitats. Through the lens of Ian Shive, recipient of the Ansel Adams Award for Conservation Photography, Refuge will show you the greatest of these landscapes and wildlife, including the migratory birds of Midway Atoll, the golden prairies of the Rocky Flats, and more. Learn from America's leading experts: Includes essays from top environmental and conservation organizations such as the National Wildlife Refuge Association, Earth Island Institute, and the Arctic Refuge Defense Campaign, giving you the context that you need to appreciate these natural wonders. Plan your own journey: A refuge map and index of traversable locations allows you to start planning your trip of a lifetime to these hallowed refuges. Over 300 awe-inspiring images will let you experience more than 40 refuges right from your coffee table, including Alaska Maritime National Wildlife Refuge (NWR), Rachel Carson NWR, Bayou Sauvage NWR, Valle de Oro NWR, National Elk Refuge, and more.
Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
