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ISSN 2083-6473
ISSN 2083-6481 (electronic version)
 

 

 

Editor-in-Chief

Associate Editor
Prof. Tomasz Neumann
 

Published by
TransNav, Faculty of Navigation
Gdynia Maritime University
3, John Paul II Avenue
81-345 Gdynia, POLAND
www http://www.transnav.eu
e-mail transnav@umg.edu.pl
Places of Refuge for Ships in Distress: The South African Approach and Challenges
1 University of Fort Hare, East London, Eastern Cape Province, Republic of South Africa
ABSTRACT: The South African Maritime Safety Authority (“SAMSA”) responds to emergency calls from distressed ships. SAMSA, as a coastal authority, operates in terms of the South African maritime regulatory framework and its approach used to be robust. For example, South Africa is the first country to recognize the need to have a tug solely for the purpose of assisting ships in distress. However, close examination of the recent maritime incidents shows that SAMSA’s approach is falling short of keeping up with the ever changing challenges of places of refuge for ships in distress. This paper seeks to critically assess SAMSA’s approach to ships in distress as informed by the South African regulatory framework. The paper will further examine the possible solutions to identified shortcomings.
REFERENCES
Chircop A “Ships in distress, Environmental threats to Coastal States, and Places of refuge: new directions for an ancient regime?” 2002 (33) Ocean Development & International Law 207-226. - doi:10.1080/00908320290054774
Christie ‘Our Law of Contract and the Modern Lex Mercantoria’ 2006 Essays in Honour of AJ Kerr 59, 1.
Devine, DJ “Sea Passage in South African Maritime Zones: Actualities and Possibilities” 1986 Acta Juridica 203 (1986)
Hare, J “Port State Control: Strong Medicine to Cure a Sick Industry” (1996-1997) 26 Georgia Journal of International & Comparative Law 571
Hare “Of Black Books, White Horses, and Sacred Cows: The Quest for International Uniformity in Maritime Law” Address to the British Maritime Law Association, Trinity House, November 11 1999.
Hare, J Shipping Law and Admiralty Jurisdiction in South Africa 2ed Juta, Cape Town 2009.
Hare “open letter dated 08 June 2012 to the Minister of Transport of the Republic of South Africa, Honourable Sbusiso Ndebele” 2012.
Holloway “South Africa’s Practical Approach to Dealing with Oil Pollution Prevention and Ships in Need of Assistance” 2005 China Ocean Review 141
Huston “Shipwreck Legislation Lacking” Mercury 2011-8-10
Morrison Places of Refuge for Ships in Distress: Problems & Methods of Resolution Martinus Nijhoff, Leiden, 2011 - doi:10.1163/9789004218888
Noyes J “Places of Refuge for Ships” 2008 Denver Journal of International Law and Policy 135 -144
Reid and Heads “Ports and Places of Refuge for the Winter Months” 2013 Maritime Review Africa 48.
Simpson and Clark “Is South Africa Prepared to Deal with Oil Spills?” KZN Business Sense 5 [2017].
South African Incident Response Plan for Prevention and Combating of Pollution at Sea (South Africa, Department of Transport (DOT), (South African Maritime Safety Authority).
South Africa's National Contingency Plan for the Prevention and Combating of Pollution from Ships and Offshore Installations (2007 Amendments) (South Africa, Department of Transport (DOT), (South African Maritime Safety Authority).
Van Hooydonk “The Obligation to Offer a Place of Refuge to a Ship in Distress” CMI Handbook (2003) 403 407.
Citation note:
Seti S.: Places of Refuge for Ships in Distress: The South African Approach and Challenges. TransNav, the International Journal on Marine Navigation and Safety of Sea Transportation, Vol. 14, No. 1, doi:10.12716/1001.14.01.07, pp. 67-74, 2020

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