Areas of Refuge for Ships in Need for Assistance: An Institutional Framework Enhancing Maritime Safety and Protection of the European and Global Marine Environment

Abstract

1. Introduction and Basic Definitions The places of concept exists and evolves throughout history, for millenniums, within the concept of, and in relation to, global sea transport. In particular, the aforementioned idea is directly related to the high variability and non predictability which characterizes the maritime industry throughout the years and renders it a high risk activity, as we know it today. Recent discussions and processes concerning places of involve not only a specialized legal framework, but also depend on an approved set of definitions and terms. The widely accepted and for long time used term of port-of-refuge is being abandoned as it is considered inadequate to address emerging particularities and necessities of maritime transport. Thus, starting from 2001, the term place-of-refuge is more widely used as a probationary term to be used in international fora, where discussions are taking (European Union--EU, International Maritime Organization--IMO, European Sea Port Organization ESPO, INTERTANKO etc). It is clear that the latter term encompasses a wider range of options for refuge, over and above the limitations set by ports, whether natural or man-made. As far as the issue pertinent to a definition of a area, the discussions are ongoing and have not, as yet, concluded on a definition that can be precise and widely accepted. Concluding, of course depends on the international community agreeing on the basic legal status of these areas, an issue which is still open to discussion. Any attempts in defining regions thus rely on describing the basic characteristics of the modern version of these areas, or are based on proposals by working groups. Either way, the definition that will finally be adopted will be forthcoming in the near future. Definitions proposed by IMO (IMO Resolution A. 949 (23) 5 December 2003) are of special interest. More specifically according to IMO : a) Ship in need of assistance means a ship in a situation, apart from one requiring rescue of persons on board, that could rise to loss of the vessel or an environmental or navigational hazard. b) Place of means a where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazards to navigation and to protect human life and the environment. c) MAS means a maritime assistance service as defined in resolution A 950 (23), responsible for receiving reports in the event of incidents and serving at the point of contact between the shipmaster and the authorities of the coastal State and the event of an incident. 1.1. The Evolution and Modern Negative Approaches to Refuge Ports Refuge Ports, as a practice in sea transport, involves setting emergency status to ships in distress, followed by the prerequisite to provide at the nearest port. For a long time the concept of providing a of refuge, was widely accepted since it was a very reasonable follow up to the emergency preparedness plans for ships and port, has a total target approach (i.e. it considers all elements involved such as human life, ship loss, freight loss, environmental damage, etc.). Up to today it has not, however, attained legal commitment regarding the coastline country's obligation to respond positively to a demand to provide a place of refuge. Economic and technological progress in the maritime sector during the 20th century, especially after the 1950s, had decisively affected emergency preparedness plans and the provision of refuge areas. However, for the majority of large capacity ship categories and a variety of dangerous and toxic cargos (chemicals, explosives, waste etc), providing refuge areas is, as a rule, prohibited by coastline countries. This negative development is based on and legally supported by, a multitude of international and national laws, which provide the coastal state with the complete discretion to deny a area, if it judges that such an act clashes with its interests (safety, environmental protection etc). …