The Research On Place Of Refuge For Ship In Distress

Place of refuge for ship in distress is a typical maritime topic, reflecting the standards and aims of marine industry, i.e. economy, society, safety and environment. It is an old and young topic, being paid great attention. Since the Castor and the Erika incident, the world gradually recognizes its importance and urgency, and the Prestige incident makes it become a hot topic. IMO, CMI and EU make comprehensive study on it.Maritime topic is combined with legal and technical matters, without exception of place of refuge for ship in distress. This dissertation makes a particular illustration about its background, development, actuality and trend. From the legal aspect, it should ascertain whether the ship in distress has the right to enter the place of refuge, and there are different theories, which will be illustrated detailed. In order to protect the marine safety and environment, at first it should affirm that the ship in distress has the right to enter the place of refuge;meanwhile, on the basis of the established principles and guidelines, it should consider various risks and interests and then make the final decision. From the technical aspect, it involves a series of mechanisms, including the choice mechanism, the decision mechanism, the protection and incentive mechanism, the inception and construction mechanism, the emergency mechanism and the liability mechanism. Since the said topic is of high technique and specialty, it should establish independent and perfect guidelines, not affected by other factors.Finally, the paper illustrates the characteristic and direction of the topic and advances the material solutions and schemes, wishing to make some useful advice.By using of comparison and case analysis, this dissertation pays close attention to its development and tries best to keep pace with the study of it in the world.