Places of Refuge for Ships: Emerging Environmental Concerns of a Maritime CustomAldo Chircop, Olof Linden This book is about the contemporary problem of places of refuge for ships in need of assistance. There is an uncodified humanitarian custom providing a right to a ship in distress to assistance and protection by coastal authorities, including access to a place of refuge when necessary. With modern ships carrying large volumes of hazardous cargo and fuel, a disabled ship can pose a significant threat to the marine environment and interests of an affected coastal state. After being refused refuge, the ‘Erika’ and ‘Prestige’ became casualties causing severe environmental damage. Today, while the humanitarian right to assistance remains, the threat to the marine environment and the coastal state has to be considered in the granting of refuge. Written by scholars and practitioners, the book consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States. |
Contents
Chapter 1 Characterising the Problem of Places of Refuge for Ships Aldo Chircop Olof Linden Detlef Nielsen | 1 |
Management Perspectives and Responses | 33 |
Chapter 2 The IMO Guidelines on Places of Refuge for Ships in Need of Assistance Aldo Chircop | 35 |
Chapter 3 The Integrated Coastal and Ocean Management Framework Olof Linden | 61 |
Chapter 4 A Consideration of the Environmental Component of the IMO Guidelines on Places of Refuge for Ships in Need of Assistance with Special... | 75 |
Chapter 5 Review of DecisionMaking by Maritime Administrations for Ships in Need of Assistance Lessons for Risk Assessment JensUwe Schröder | 93 |
Chapter 6 Port Perspectives and Environmental Management Considerations Rosa Mari Darbra Roman | 119 |
Chapter 7 Communications Crises and Media Management Mark Clark | 145 |
Chapter 12 Insurance Perspective on Places of Refuge Patrick Donner | 321 |
Chapter 13 Refuge and Recovery in General Average Hugh Kindred | 347 |
National Approaches | 373 |
Chapter 14 Places of Refuge in a Federal Jurisdiction The Australian Experience Sam Bateman and Angela Shairp | 375 |
The Belgian Experience Eric Van Hooydonk | 415 |
Chapter 16 The Experience of the United Kingdom Toby Stone | 429 |
The Danish Approach John Liljedahl | 455 |
Chapter 18 Places of Refuge in Germany Uwe Jenisch | 471 |
Legal and Policy Perspectives and Responses | 161 |
Chapter 8 The Customary Law of Refuge for Ships in Distress Aldo Chircop | 163 |
Chapter 9 Law of the Sea and International Environmental Law Considerations for Places of Refuge for Ships in Need of Assistance Aldo Chircop | 231 |
Chapter 10 Refuge and Salvage Proshanto K Mukherjee | 271 |
Compensation for Damage Perspective Gotthard Mark Gauci | 299 |
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Common terms and phrases
agency agreement amended archipelagic areas Australia average Baltic Sea Basel Convention Canada Canadian cargo claims Coast Guard coastal coastline Commerce and Navigation compensation concerned Contingency Plan crew Danish decision decision-making environmental federal granting refuge hereafter Ibid IMO Doc IMO Guidelines incident International Convention International Law International Maritime International Maritime Organization IOPC issue jurisdiction liability Lloyd’s London London Convention loss marine environment marine pollution maritime administration maritime casualty Maritime Law Maritime Safety master need of assistance obligation Ocean Oil Pollution Damage oil spill owner parties place of refuge port authorities port of refuge potential protection Protocol refuge custom Refuge for Ships refuge request relation relevant response risk assessment Rules salvor shipowner ships in distress ships in need situation supra note tanker territorial sea tion Torrey Canyon Transport Canada Treaty vessel waters World Maritime University zone