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

CMI and Places of Refuge

“PRESTIGE”

November 2002

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

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.”