Places of refuge and its legal implications in marine pollution incidents

Abstract

Major pollution disasters at sea, caused by maritime transport of oil or other hazardous and noxious substances, have shown that vessels often need to go into sheltered waters to transfer their cargo, and to have a better chance of being salved. Such sheltered waters giving refuge to these vessels in distress, could prevent big national disasters. States could however stand under several pressures which could make them reluctant to grant such refuge to ships in distress. It could also be that the international legal system itself, does not facilitate the task of these States, when faced with such difficult decision-making. This can ultimately result in the detriment to the environment, the population of the Coastal States adjacent to the place of the incident, and to all those whose interests are connected to the ship and the cargo. Those who suffer damage as a consequence of the decision of the Coastal State to deny refuge, may also face difficulties when trying to find the sufficient legal grounds upon which they can enforce their rights. The challenge is therefore to unravel the weaknesses of the international legal system, and to look towards a brighter future, which could enhance the importance of places of refuge, while protecting all those whose interests could be at stake.