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1 Protection of Persons and Property at Sea. 2 Assistance to Persons in Distress Humanitarian obligation –Perils of the sea Legal Obligation –Customary.

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Presentation on theme: "1 Protection of Persons and Property at Sea. 2 Assistance to Persons in Distress Humanitarian obligation –Perils of the sea Legal Obligation –Customary."— Presentation transcript:

1 1 Protection of Persons and Property at Sea

2 2 Assistance to Persons in Distress Humanitarian obligation –Perils of the sea Legal Obligation –Customary International Law –1982 LOS Convention –SOLAS Convention –Domestic Laws & Regulations

3 3 Duty To Rescue Requirements To proceed with all possible speed to rescue persons in distress – As may reasonably be expected To render assistance to any person at sea in danger of being lost – Insofar as possible without danger to own ship, passengers or crew

4 Collision Requirements Render assistance Advise – Name of your ship – Port of registry – Next port of call 4

5 5 Right Of Assistance Entry Bona fide response to distress Territorial seas/archipelagic waters Coastal state consent not required –Location Reasonably Well-known –Aircraft may be used in life threatening situations Coastal state consent to search required

6 6 Safe Harbor / Force Majeure Coastal state obligation – Obligation to open ports – Natural or man-made causes Exempt from entry requirements Exceptions apply – Pollution – Safety of the port

7 7 Force Majeure / Aircraft U.S. position - “ aircraft in distress are entitled to special consideration and should be allowed entry and emergency landing rights.” Not universally accepted

8 8 Quarantine - Warships Comply with reasonable requirements –Provide certification of compliance, including measures taken Accept foreign officials on board to receive certification Do not permit exercise of foreign governmental authority on board (U.S. Policy)

9 9 Asylum Within Territory and International Waters For Protection From – Persecution –Fear of Persecution

10 10 Temporary Refuge Foreign Territory and International Waters Humanitarian Protection Imminent Physical Danger

11 11 Protection of Citizens and Property International Waters and Airspace –High Seas, EEZ, Contiguous Zone Flag State: primary responsibility Right of collective self-defense on request of flag state States retain right of self-defense for citizens and property

12 12 Protections of Citizens and Property National Waters and Airspace –Internal, Archipelagic, Territorial Coastal State: primary responsibility Flag State retains right of self-defense States retain right of self-defense for citizens and property Right of collective self-defense

13 13 Piracy Illegal Violence Private Ends From One Ship Against Another In International Waters Universal Jurisdiction

14 14 Other Prohibitions and Suppressions Slave Trading Unauthorized Broadcasting Narcotics Trafficking

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