Study On Taking Refuge Problem For Ship In Distress

The concept of refuge in the ship was raised by the IMO(International Maritime Organization)Law Committee in the eighties of last century,and once it came out,it became a hot topic in academia.Whether the coastal States have the obligation to provide shelter for the ship in distress,or whether the ship has the right to take refuge in coastal States,and even whether it is necessary to formulate a new international convention that has become a matter of controversy in the relevant international organization Points of view,maritime scholars in the academic writings on the refuge ship refuge access issues can also be described as a hundred schools of thought contend.At present,at home and abroad in the refuge ship refuge access research work on the deepening,and achieved some research results.But on whether to allow the ship to reach its refuge,countries still uphold a different attitude.At present,there is no uniform rule in the international community can learn from and follow,the establishment of a unified and effective refugee refuge access mechanism still need to make persistent efforts.The author finds out that the research in our country is mainly concentrated in the place of refuge,and it is not involved in other aspects.This is not conducive to the construction of the refugee refuge system in our country.The occurrence of the Erika,the Castor,the Prestige case has also aroused the upsurge of discussion on the issue of scholars at home and abroad.Therefore,it is of great theoretical and practical significance to study the problem of refuge access.In this paper,by clarifying the legal basis of the refugee refuge,the coastal state has repeatedly rejected the reasons for the evacuation of the ship,the analysis of the refugee refuge on the issue of legal difficulties,to explore an effective approach to access,Whether at the international level,or our response to the problem.Under this goal,the author divides the article into five parts:The first part explains the origin and significance of the topic and the status quo of the research at home and abroad.Difficult to enter the coastal country to take refuge or repair is the most appropriate route in the sea when the ship was encountered.But the coastal state will not consider the relevant factors on the straightforward promised refuge ship refuge request.Coastal countries are often thinking about their own safety and environmental protection will be refused after the ship into his refuge,the refuge ship refuge access problems and then produce.On this issue,there is no relevant international custom and effective international conventions to make this clear.For the refugee refuge access problem,in terms of our country,whether it is theoretical research,or in the system construction,are lagging behind the rest of the maritime power.On the issue,both domestic and foreign scholars have made a certain degree of research,although the degree of research may be different,maritime jurists are in monographs and articles to express their views.The second part elaborates the basic conception of the evacuation of the distress ship,explains the background of the typical shipwreck by enumerating three typical cases of the shipwreck and summarizes the current situation of the legislation at home and abroad and the development trend of the problem The In recent decades,more than 10,000 tons of international oil tanker oil spill accidents have occurred frequently.The Erika,the Castor,the Prestige case has also attracted widespread attention at home and abroad.At present,the problem shows that coastal countries continue to strengthen the sense of refuge,international legislation will achieve a unified,clear,refuge areas continue to expand the development trend.The third part,on the basis of the above,expounded the legal basis of the refugee refuge access problem,that is,the four international perspectives on the shelter for the victims ship and the coastal countries and the victims of the two sides on the issue of access to refuge The rights and obligations.And deeply analyzes the legal dilemma of the problem under international conventions,international customary law and domestic law.The fourth part,for the reasons for the problem,the status quo,put forward the solution to the problem,including international countermeasures and China's response.Internationally addressing the issue of the implementation of existing international conventions,amendments to existing relevant international conventions,the establishment of a unified international convention and the development of model laws or guidelines for countermeasures.In view of this problem,China to improve the special legislation,the establishment of emergency response system,the establishment of risk assessment mechanism and improve the international cooperation and exchange mechanisms to deal with.The fifth part,review the full text,I believe that a clear coastal state has a refuge to the victims of the obligation to solve the refugee refuge access to the most direct countermeasure.To this end,the corresponding,the best is to establish a unified,specialized convention.China should also strengthen the study of the problem of refuge in the ship,refer to the "IMO Guide" provisions,improve the special legislation,the establishment of emergency response system,the establishment of risk assessment mechanism,improve the international cooperation and exchange mechanism,hoping to build and improve a set of the ship mechanisms for evacuation access.