The need for specific legal arrangements governing ships in distress and places of refuge is one of the most topical problems in both public and private maritime law. The headline grabbing shipping disasters involving the loss of the Erika (1999) and the Prestige (2002) attracted the attention of the IMO, the Comité Maritime International, the European Union, national maritime authorities around the globe and the maritime industry in general. Ultimately the impact of pollution on local economies and the environment was enough to arouse the concern of a broad swathe of public opinion. Places of Refuge provides clarity on: • The scope of the right of access • The conditions under which coastal authorities may deny access • The liability of authorities granting or denying access • The basis and the conditions of financial securities • The obligation to establish contingency plans
Table of Contents
Chapter 1. Introduction and Overview Chapter 2. The Context of Recent Policy Developments Chapter 3. Current International Law of the Accommodation of Ships in Distress in Places of Refuge Chapter 4. The Genesis, Necessity and Status of the CMI Draft Convention Chapter 5. Content of the CMI Draft Convention Chapter 6. Comparison of the CMI Draft Convention With the European Regime of Places of Refuge Chapter 7. The Further Role of the CMI Draft Convention Chapter 8. Conclusions
Professor Eric Van Hooydonk is a Professor of Law at the Ghent University and University of Antwerp.