Ships in Distress, Environmental Threats to Coastal States, and Places of Refuge: New Directions for an Ancien Regime ?

Places of refuge for ships in distress is a topic before the International Maritime Organization as a result of several recent well-publicized refusals by maritime authorities of coastal states to allow such ships to enter sheltered waters within national jurisdiction. The traditional right of refug...

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Bibliographic Details
Published in:Ocean development and international law 2002-04, Vol.33 (2), p.207-226
Main Author: Chircop, Aldo
Format: Article
Language:English
Subjects:
Cargo ships
Coastal areas
Coastal environments
Coastal State Responsibilities
Coastal states
Conservation
Crew
Environment
Environmental aspects
Environmental impact
Environmental policy
Freedom of the seas
International and municipal law
International cooperation
International law
International organizations
Intervention
Jurisdiction
Law
Law of the sea conference, 1973-82
Maintenance
Marine resources
Maritime law
Oceans
Organizations
Protection Of The Marine Environment
Refuges
Regulation
Right Of Refuge
Rights
Shipping
Shipping industry
Ships
Ships In Distress
Threats
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Summary:Places of refuge for ships in distress is a topic before the International Maritime Organization as a result of several recent well-publicized refusals by maritime authorities of coastal states to allow such ships to enter sheltered waters within national jurisdiction. The traditional right of refuge of the crew, ship, and cargo is pitted against threat perceptions held by coastal states resulting in a "not in my backyard" syndrome. Instances of modern state practice seem to restrict the right of refuge to a purely humanitarian dimension. There is a need to reevaluate the right of refuge and to establish a system of places of refuge on the basis of regional cooperation to counter the potential threat of stricken ships that are unable to effect necessary repairs in sheltered areas within national jurisdiction.
ISSN:0090-8320
1521-0642
DOI:10.1080/00908320290054774