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Places of refuge and the obligation to accommodate ships in distress

Posted on:2007-06-27Degree:LL.MType:Thesis
University:McGill University (Canada)Candidate:Ucar, ZeynepFull Text:PDF
GTID:2446390005978141Subject:Law
Abstract/Summary:
Transport of oil or other hazardous substances by sea constitutes the backbone of the world economy. The fiscal benefits and dependence on the transport of oil and other substances by sea outweigh the dangers associated with the carriage of such substances by sea, especially the pollution of the marine environment. Although the absolute answer for the protection of the marine environment may be to prohibit the harm-producing activities altogether, and to turn to alternative energy-resources, it seems very unlikely that this will be the case in the near future.; The feasible solution for the protection and preservation of the marine environment and safe marine transport calls for a liberal approach that redistributes these responsibilities amongst all the related interests. In this respect, this thesis examines the issue of places of refuge, as a measure to protect and preserve the marine environment, and the position in international law on the obligation to grant refuge to ships in distress. It is argued that the obligation to grant refuge, founded in early customary international law and denounced in current international documents, can be reformulated in an environmental context.
Keywords/Search Tags:Refuge, Marine environment, Obligation
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