RIGHTS OF REFUGE FOR THE SHIP IN AN EMERGENCY FROM THE PERSPECTIVE OF LAW OF THE SEA

ABSTRACT

In this paper attempts have been made to analyze fundamental problems on places of refuge, whether the coastal state is obliged to accommodate the ship in distress. The international conventions do not give sound answers to the coastal State’s obligation to accommodate ships in distress, albeit recommending doing so can be interpreted under some conventions. Under the current international liability and compensation regime, the coastal State may be held liable for their negligent decision. To encourage the entry, the coastal State may be entitled to immunity as its decision has great implications with salvage operations.