The distressed ship: her right of refuge and the coastal state

Perhaps one of the most mutually beneficial customary rules on international sea law for seagoing nations is the right of a ship to seek refuge in a foreign state's sheltered waters. It means effectively that ships can travel the world knowing that should the need occur, they will due to reasons of force majeure, be able, not only to seek refuge in sheltered waters, but will also have a general right to enter the port of a foreign state. The rule is independent of any interstate treaties or conflict. The distressed ship becomes in a sense a neutral ship and when she seeks refuge, the flag she is flying becomes practically irrelevant. The coastal state's obligation to al low a distressed ship to enter its sheltered waters is the corollary to the distressed ship's right to enter. The state has, however, a customary right to protect itself against pollution or anything which could prejudice its security. It is obvious therefore, that a conflict situation could develop between a coastal state's "refuge" obligations and her right of self-protection. It is the objective of this paper to discuss the above situation by first analysing any relevant definitions, examining in detail the laws and customary practices affecting coastal states and distressed ships, and then·, with the example of some past incidents, attempt to describe the conflicts and dangers which can arise when a ship finds herself in a position where she is in dire need of a place of refuge. The position of the salvor will also be discussed where appropriate. In salvage law the reaching of a place of refuge by the distressed ship is the ·salver's ultimate objective. For the coastal state, however, the problems are only then just beginning.

Grantor

Department of Public Law

Year dc:date.issued

1994

Author dc:creator

• Sheard, Clive H

• Public Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/35390

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/35390