Places of Refuge for Ships: Emerging Environmental Concerns of a Maritime Custom

Front Cover
Aldo Chircop, Olof Linden
BRILL, Dec 1, 2005 - Law - 580 pages
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
Chapter 19 The United States Approach to Implementing the IMO Guidelines on Places of Refuge Paul Albertson
489
Considerations for Determining a Canadian Approach Philip John
505
The Contributors
533
Index
545
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