Transcript CMI AND PLACES OF REFUGE

CMI AND PLACES OF REFUGE
presented by Stuart Hetherington
CMI and Places of Refuge
“Places of Refuge for Ships
Emerging Environmental Concerns
of a Maritime Custom”
edited by Aldo Chircop and Olof Linden
CMI and Places of Refuge
“CASTOR”
December 2000
CMI and Places of Refuge
IMO
Guidelines
Resolution A.949(23) adopted on 5 December 2003
CMI and Places of Refuge
the safe-guarding of human life at sea
the safety of persons
the place of refuge and its industrial and urban environment
the risk of pollution
the risk of disruption to the ports’ operation
an evaluation of the consequences if a request for a place
of refuge is refused, including the possible effect on
neighbouring States, and
 due regard should be given to the preservation of the hull,
machinery and cargo of the ship in need of assistance
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CMI and Places of Refuge
“PRESTIGE”
November 2002
CMI and Places of Refuge
The Salvage Convention 1989 - which provides in
Article 11 that:
“A State party shall, whenever regulating or deciding upon matters
relating to salvage operations, such as admittance to ports of
vessels in distress, or the provision of facilities to salvors, take into
account the need for cooperation between salvors, other interested
parties and public authorities in order to ensure the efficient and
successful performance of salvage operations for the purpose of
saving life or property in danger as well as preventing damage to
the environment in general.”
CMI and Places of Refuge
United Nations Law of the Sea Convention (“UNCLOS”)
1982 Article 17 and 18 provide that ships of all States have a right of
innocent passage through the territorial sea which is required to be
continuous and expeditious but does permit stopping and anchoring
if rendered necessary by force majeure or distress.
The International Convention on Oil Pollution
Preparedness, Response and Cooperation (“OPRC”)
CMI and Places of Refuge
 CLC Convention
 HNS and Bunker Conventions
 Wreck Removal Convention
 Intervention Convention
CMI and Places of Refuge
International Sub-Committee meeting London November 2002
 Insurance and financial security
 Designation of places of refuge
 Mechanism of Decision making
 Civil Liability
 Are there monetary incentives
 Reception facilities for ships in distress
CMI and Places of Refuge
The options for CMI included:
 A new Convention
 Guidelines
 Rules
 A model law
 Possible changes to, say for example, CLC Convention,
Salvage Convention
CMI and Places of Refuge
ACT Shipping Pte Ltd v Minister for the Marine
(1995) 3 I.R. 406
“In summary, therefore, I am satisfied that the right of a foreign
vessel in serious distress to the benefit of a safe haven in the
waters of an adjacent State is primarily humanitarian rather than
economic. It is not an absolute right. If safety of life is not a factor,
then there is a widely recognised practice among maritime States to
have proper regard to their own interests and those of their citizens
in deciding whether o not to accede to any such request.”