The legal and practical implications of maritime stowaways

Abstract

This dissertation analyses the effects of stowaways on maritime security and the industry in general; how having stowaways on a vessel adversely effects the operational capacity of the vessel and how this effects the shipping industry, the safety of the crew as well as the safety of the stowaway themselves. This research looks to highlight both the practical and legal implications of stowaways, be it the financial burden, physical danger or the legal process that is to be followed in these cases. Consequently, it focuses on the standard and recommended processes that are imposed upon the ship master, port States and Flag States during the process of identifying, disembarking, repatriation and, in some cases, the granting of asylum of the stowaways. Consideration will also be given to how some States could refuse to disembark stowaways and the grounds on which this refusal is based. Finally, the dissertation goes on to examine how the human rights of both the stowaways and crew are to be protected, especially in cases where the stowaways are seeking asylum. The study refers to the provisions provided in international legal instruments like the Convention on Facilitation of International Maritime Traffic, with particular interest in the Resolution FAL.11 (37), the Universal Declaration of Human Rights, the Convention Relating to the Status of Refugees, and the Protocol Relating to the Status of Refugees, The International Convention for the Safety of Life at Sea and the International Ship and Port Facility Security Code. Overall, this dissertation aims to give a look into the process involved and the consequences stowaways leave on maritime security.