Original scientific paper
Liability and compensation for marine pollution and place of refuge
Dorotea Ćorić
; Pomorski fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
The problem relating to the place of refuge has provoked widespread interest within the international maritime community.
The IMO Guidelines on Places of Refuge for Ships in Need of Assistance, adopted in December 2003, include a number of criteria to be taken into account by coastal state authorities when responding to requests for places of refuge. However, they do not deal with liability and compensation for damage.
This article examines the existing international legal regimes relevant to determine liability and compensation for accidental pollution caused by ships, and the applicability in the place of refuge.
The author concludes that the liability and compensation rules should not have the effect of discouraging the accommodation of ships in distress by entailing sizeable financial risks for the coastal state.
The existing international regimes of liability and compensation for pollution give sufficient protection to coastal states unless it is established that the state or competent authority has acted unreasonably in granting access to a place of refuge for ships.
Keywords
place of refuge; ship in distress; , pollution; liability; protective measures; bunker oil; oil; hazardous and noxious substances
Hrčak ID:
20420
URI
Publication date:
18.1.2008.
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