Places of refuge for ships in distress : problems and methods of resolution

Author(s)

• Morrison, Anthony P.

Bibliographic Information

Places of refuge for ships in distress : problems and methods of resolution

by Anthony P. Morrison

（Legal aspects of sustainable development, 12）

Martinus Nijhoff Publishers, 2012

• : hbk
• ebk

Note

Includes bibliographical references (p. [359]-400) and index

Contents of Works

• Introduction and overview
• The places of refuge problem
• General access to ports in international law
• Access to ports by ships in distress in international law
• International responses to places of refuge problem
• National responses to places of refuge problem
• Regional response to places of refuge problem
• A convention on places of refuge as a solution
• Factors affecting a response to places of refuge problem
• Conclusions

Description and Table of Contents

Description

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.

Table of Contents

FOREWORD ACKNOWLEDGEMENTS TABLE OF CONTENTS ACRONYMS CHAPTER 1 INTRODUCTION AND OVERVIEW CHAPTER 2 THE PLACES OF REFUGE PROBLEM Introduction What is a Place of Refuge? Customary Rights of Ships in Distress Changes to the Custom of Granting Refuge to Ships in Distress Changes to the Shipping Industry Growth of Environmental Consciousness and the Development of International Environmental law Changes to International Maritime Law Changes to Salvage Law and the Salvage Industry Erika, Castor and Prestige The Erika The Castor The Prestige Effects of the Erika, Castor and Prestige on Places of Refuge Interests Involved in the Places of Refuge Problem Interests Concerned with Completion of Marine Adventure Charterers Shipowners Cargo owners Insurers of the ship Cargo Insurers Master and Crew Salvors Interests Concerned with Preservation of the Marine and Coastal Environment Coastal States Environmental Pressure Groups Media Shipping Industry Regulators Flag States Port States Classification Societies Conclusion CHAPTER 3 GENERAL ACCESS TO PORTS IN INTERNATIONAL LAW Introduction Sovereignty over Internal Waters Access to Ports Bilateral Treaties Multilateral Conventions Convention and Statute on the International Regime of Maritime Ports, Geneva, 1923 United Nations Convention on the Law of the Sea, 1982 Other Multilateral Conventions Evidence of Custom from Judicial Decisions and National Legislation Decisions of International Tribunals National Legislation and Decisions of National Courts Australia United States Canada United Kingdom European Union Opinions of International Jurists Conclusion CHAPTER 4 ACCESS TO PORTS BY SHIPS IN DISTRESS IN INTERNATIONAL LAW Introduction Evidence of Custom from Early Trade Relations between Maritime States Evidence of Custom from Bilateral Treaties Bilateral Treaties of Great Britain and the United States of America Bilateral Treaties of the former British Empire Bilateral Treaties of other States Effect of Bilateral Treaties on Customary International Law Ships in Distress under Multilateral Conventions Convention and Statute on the International Regime of Maritime Ports, Geneva, 1923 United Nations Convention on the Law of the Sea, 1982 International Convention on Salvage, 1989 International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1973 Evidence of Custom from Judicial Decisions Decisions of International Arbitral Bodies Decisions of the United States Courts Decisions of the Canadian Courts Decisions of the Netherlands Courts Decisions of the Irish Courts State Practice Conclusion CHAPTER 5 INTERNATIONAL RESPONSES TO PLACES OF REFUGE PROBLEM Introduction Places of Refuge as an International Problem Action on Places of Refuge by the International Maritime Organisation IMO Guidelines on Places of Refuge for Ships in Need of Assistance Structure of Guidelines General Provisions Actions required by the Master and/or Salvors Actions expected of Coastal States Actions of the IMO on Places of Refuge after Adoption of IMO Guidelines Assessment of the IMO Guidelines Benefits Disadvantages Action on Places of Refuge by other International Organisations Comite Maritime International (CMI) International Association of Ports and Harbors (IAPH) Shipping Industry Associations Conclusion CHAPTER 6 NATIONAL RESPONSES TO PLACES OF REFUGE PROBLEM Introduction The United Kingdom Legislation Harbours, Docks and Piers Clauses Act 1847 Dangerous Vessels Act 1985 Merchant Shipping Act 1995 Command and Control International Arrangements Incidents Involving Places of Refuge Assessment of the United Kingdom Position on Places of Refuge Australia Maritime Jurisdiction in Australia Legislation Affecting Places of Refuge Commonwealth Legislation State and Northern Territory Legislation Administrative Arrangements Relating to Places of Refuge National Plan State Guidelines on Places of Refuge Queensland New South Wales Western Australia National Guidelines Introductory Provisions and Definitions Requests for Place of Refuge Decision Making Process Management Issues Incidents involving Places of Refuge Daishowa Maru Iron Baron Eurydice Wunma Assessment of the Australian Position on Places of Refuge Canada Maritime Jurisdiction Treatment of Places of Refuge - National Places of Refuge Contingency Plan (PORCP) Introductory Provisions Authority for Directing Ships Responsibility for Decisions and Decision Making Decision Making Process International Arrangements Canada/United States Canada/France Canada/Denmark Assessment of the Canadian Position on Places of Refuge United States Federal Legislation on Oil Pollution and Places of Refuge State Legislation on Oil Pollution and Places of Refuge National Contingency Plan Guidelines on Places of Refuge Regional and Area Guidelines National Guidelines Introduction Appendix 1- Incident-Specific Places of Refuge Decision-Making Process Appendix 2 - Potential Stakeholders Appendix 3 - Process for Pre-identification of Potential Places of Refuge United States Coast Guard Places of Refuge Policy Common Features and Differences between NRT Guidelines and USCG Policy International Arrangements United States/Canada United States/Mexico Incidents Involving Places of Refuge M/V Tong Cheng Assessment of the United States Position on Places of Refuge. Conclusion CHAPTER 7 REGIONAL RESPONSES TO PLACES OF REFUGE PROBLEM Introduction Regional Arrangements The Regional Approach Concept European Union European Union Approach to Places of Refuge Other Regional Arrangements Bonn Agreement Places of Refuge under the Bonn Agreement Helsinki Convention Places of Refuge under the Helsinki Convention Assessment of the Role of Regional Arrangements Conclusion CHAPTER 8 A CONVENTION ON PLACES OF REFUGE AS A SOLUTION? Introduction Potential of a Discrete Convention CMI Draft Instrument Contents of Draft Instrument Preamble Definitions Object and Purpose Legal Obligation to Grant Access to a Place of Refuge Guarantees Immunity from Liability for Granting Access and Liability for Refusing Access Reasonable Conduct Plans to Accommodate Ships Seeking Assistance Identification of Competent Authority Assessment of the CMI Draft Instrument Benefits Disadvantages Conclusion CHAPTER 9 FACTORS AFFECTING A RESPONSE TO PLACES OF REFUGE PROBLEM Introduction Improved Industry Performance Double Hull and Ship Replacement The United States Initiatives International Maritime Organisation Initiatives The European Union Initiatives Unilateral Action by other Coastal States Ship Design Effect of Double Hulls Replacement and Ship Design on Places of Refuge Improved Industry Regulation Flag State Control Effect on Places of Refuge of Actions to Improve Flag State Control Port State Control Effect on Places of Refuge of Actions to Improve Port State Control Classification Societies Effect on Places of Refuge of Actions to Improve Classification Societies Issues of Liability, Compensation and Limitation Subject Coverage Liability for Damage Compensation for 'Pure Economic Loss' Compensation for Damage to the Environment Per Se Defences Available under International Conventions Limitation of Liability Amending IMO Guidelines Incentives for Coastal States to Use IMO Guidelines Liability for Cross Boundary Environmental Harm International Obligations to Protect the Environment Conclusion CHAPTER 10 CONCLUSIONS BIBLIOGRAPHY INDEX

by "Nielsen BookData"

Details

• NCID: BB10103893
• ISBN:
  • 9789004218895
  • 9789004218888
• LCCN: 2012014907
• Country Code: ne
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Leiden ; Boston
• Pages/Volumes: xix, 416 p.
• Size: 25 cm
• Classification:
  • LCC : K4198
  • DC23 : 343.09/62
• Subject Headings:
  • LCSH : Harbors of refuge
  • LCSH : Harbors -- Law and legislation
  • LCSH : Harbors -- Safety regulations
  • LCSH : Shipping -- Safety measures
  • LCSH : Marine pollution -- Law and legislation
  • LCSH : Maritime law
• Parent Bibliography ID:
  • BA8607309X