Refuge for ships in distress at sea. Limitations within Law of the Sea Convention
Refuge for ships in distress at sea. Limitations within Law of the Sea Convention

Author: Ronald Bulimu

Publisher: GRIN Verlag

Published: 2021-04-22

Total Pages: 11

ISBN-13: 3346393313

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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.

Places of Refuge for Ships
Places of Refuge for Ships

Author: Aldo E. Chircop

Publisher: Martinus Nijhoff Publishers

Published: 2006

Total Pages: 581

ISBN-13: 900414952X

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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.

Places of Refuge for Ships in Distress
Places of Refuge for Ships in Distress

Author: Anthony Morrison

Publisher: Martinus Nijhoff Publishers

Published: 2012-06-07

Total Pages: 428

ISBN-13: 9004218882

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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.

Migrant Smuggling by Sea
Migrant Smuggling by Sea

Author: Patricia Mallia

Publisher: BRILL

Published: 2009-10-03

Total Pages: 304

ISBN-13: 9004182977

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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.

The International Law of Migrant Smuggling
The International Law of Migrant Smuggling

Author: Anne T. Gallagher

Publisher: Cambridge University Press

Published: 2014-07-21

Total Pages: 841

ISBN-13: 1107015928

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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.

The Duty of the Shipmaster to Render Assistance at Sea under International Law
The Duty of the Shipmaster to Render Assistance at Sea under International Law

Author: Felicity G. Attard

Publisher: BRILL

Published: 2020-08-25

Total Pages: 374

ISBN-13: 9004438254

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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.

International Maritime Security Law
International Maritime Security Law

Author: James Kraska

Publisher: Martinus Nijhoff Publishers

Published: 2013-04-15

Total Pages: 965

ISBN-13: 9004233571

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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.

The IMLI Manual on International Maritime Law: The law of the sea
The IMLI Manual on International Maritime Law: The law of the sea

Author: David Joseph Attard

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 796

ISBN-13: 0199683921

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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.

Coast Guards and International Maritime Law Enforcement
Coast Guards and International Maritime Law Enforcement

Author: Suk Kyoon Kim

Publisher: Cambridge Scholars Publishing

Published: 2020-07-30

Total Pages: 237

ISBN-13: 1527557383

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This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.

Mission co-ordination
Mission co-ordination

Author: International Maritime Organization

Publisher: Imo

Published: 2008

Total Pages: 436

ISBN-13:

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The Mission Co-ordination volume assists personnel who plan and co- ordinate SAR operations and exercises. This Manual is published jointly by the International Civil Aviation Organization and the International Maritime Organization.