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
