Places of Refuge for Ships

Emerging Environmental Concerns of a Maritime Custom


Editors: and
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.

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Pages: 545–561
“…This collection will be the key reference point for the law and
policy of refuge. It is a compulsory purchase for any school of law that teaches
either the law of the sea or maritime law.”
Richard Barnes in The International Journal of Marine and Coastal Law 23 (2008)
Chapter 1, Characterising the Problem of Places of Refuge for Ships, Aldo Chircop, Olof Linden, Detlef Nielsen,
Part I: Management Perspectives and Responses,
Chapter 2, The IMO Guidelines on Places of Refuge for Ships in Need of Assistance, Aldo Chircop,
Chapter 3, The Integrated Coastal and Ocean Management Framework, Olof Linden,
Chapter 4, A Consideration of the Environmental Component of the IMO Guidelines on Places of Refuge for Ships in Need of Assistance with Special Reference to Oil Pollution, William Ritchie,
Chapter 5, Review of Decision-Making by Maritime Administrations for Ships in Need of Assistance – Lessons for Risk Assessment, Jens-Uwe Schröder,
Chapter 6, Port Perspectives and Environmental Management Considerations, Rosa Mari Darbra Roman,
Chapter 7, Communications Crises and Media Management, Mark Clark,
Part II: Legal and Policy Perspectives and Responses,
Chapter 8, The Customary Law of Refuge for Ships in Distress, Aldo Chircop,
Chapter 9, Law of the Sea and International Environmental Law Considerations for Places of Refuge for Ships in Need of Assistance, Aldo Chircop,
Chapter 10, Refuge and Salvage, Proshanto K. Mukherjee,
Chapter 11, Places of Refuge: Compensation for Damage Perspective, Gotthard Mark Gauci,
Chapter 12, Insurance Perspective on Places of Refuge, Patrick Donner,
Chapter 13, Refuge and Recovery in General Average, Hugh Kindred,
Part III: National Approaches,
Chapter 14, Places of Refuge in a Federal Jurisdiction – The Australian Experience, Sam Bateman and Angela Shairp,
Chapter 15, Places of Refuge: The Belgian Experience, Eric Van Hooydonk,
Chapter 16, The Experience of the United Kingdom, Toby Stone,
Chapter 17, Places of Refuge for Ships: The Danish Approach, John Liljedahl,
Chapter 18, Places of Refuge in Germany, Uwe Jenisch,
Chapter 19, The United States’ Approach to Implementing the IMO Guidelines on Places of Refuge, Paul Albertson,
Chapter 20, Places of Refuge: Considerations for Determining a Canadian Approach, Philip John, The Contributors,
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