Offering refuge is better than refusing |
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Authors: | Patrick Donner |
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Institution: | (1) Department of Logistics and Maritime Studies, The Hong Kong Polytechnic University, Kowloon, Hong Kong |
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Abstract: | Historically, there is a long tradition of granting vessels in distress a place of refuge, particularly for humanitarian reasons,
but more recently there has been a growing apprehension of coastal states to grant refuge. This apprehension has mostly centred
upon the risk of pollution damage. The liability of the shipowner for damage to third parties, the existing liability regimes
and the sufficiency of the existing compensation mechanisms, particularly bearing in mind the shipowner’s right to limit liability
are reviewed. Against this background the paper analyses different options of decision making regarding whether refuge is
granted or not. The conclusion is that the interests of the coastal state and the vessel need to be balanced against each
other and that that balance in the majority of situations should result in gran ting a place of refuge. |
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