INTERNATIONAL LAW : RIGHTS AND OBLIGATIONS ON SEARCH AND RESCUE

Transcription

1 7 TH SOUTH CHINA SEA INTERNATIONAL CONFERENCE NOVEMBER RD 2015, VUNG TAU CITY, VIET NAM INTERNATIONAL LAW : RIGHTS AND OBLIGATIONS ON SEARCH AND RESCUE Abd Rahim Hussin Adjunct Associate Professor University New South Wales (UNSW)

2 OUTLINE Introduction Search and Rescue The legal framework Conventions and Agreements Duty to render assistance International SAR Operational Mechanism The Arctic SAR Agreement: A Possible Model Conclusion / Way Forward

3 INTRODUCTION Assisting people distress at sea a maritime tradition Customary International Law Codified into Treaty Laws Fundamental principle of international law

4 SEARCH AND RESCUE

5 THE LEGAL FRAMEWORK United Nations Convention on the Law of the Sea, 1982, Article 98 International Convention on Maritime Search and Rescue, (SAR Convention) 1979, as amended International Convention for the Safety of Life at Sea, 1974, (SOLAS) as amended, Chapter V, regulation 33 Convention on International Civil Aviation, 1944 (Chicago Convention) International Convention on Salvage, 1989 Convention on Facilitation of International Maritime Traffic, 1965

6 THE LEGAL FRAMEWORK International Maritime Organization (IMO) Global SAR Plan United Nations Convention Relating to the Status of Refugees, 1951 and its 1967 Protocols United Nations Convention against Transnational Organized Crime, 2000 and its Protocols Other Resolutions on Enhancement of Safety of Life at Sea, Guidelines on Stowaway, Combating Unsafe Practices associated with the Trafficking or Transport of migrants by sea International Aeronautical and Maritime Safety Search and Rescue Manual (IAMSAR)

7 1982 UNCLOS ARTICLE 98 DUTY TO RENDER ASSISTANCE Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers: a) To render assistance to any person found at sea in danger of being lost; b) To proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him (article 98(1)).

8 1974 INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (SOLAS CONVENTION) Obliges the master of a ship at sea which is in a position to be able to provide assistance, on receiving information-information from any source that persons are in distress at sea, to proceed with all to their assistance, if possible informing them or the search and rescue service that the ship is doing so (SOLAS regulation V/33.1).

9 SAR CONVENTION The convention establish an international system covering search and rescue operations irrespective of where a maritime accident occur. Coordination of SAR operations by national SAR / neighboring SAR organization Convention requires the government of state parties to establish:- basic elements of search and rescue service; SAR regions within each sea area; SAR operating procedures; a ship reporting system; Adoption of the 1979 SAR Convention, IMO s divided the word ocean into 13 search and rescue areas.

10 SAR OPERATIONAL MECHANISM

11 GLOBAL MARITIME SEARCH AND RESCUE AREAS

12 SOLAS CONVENTION SOLAS codified the duties and responsibilities of state parties Each Contracting Government undertakes to ensure that any necessary arrangements are made for coast watching and for the rescue of persons in distress at sea round its coasts, establishment, operation and maintenance of such maritime safety facilities. Each Contracting Government undertakes to make available information concerning its existing rescue facilities and the plans for changes therein, if any.

13 MARITIME SEARCH AND RESCUE REGION (SRR)

14 MARITIME SEARCH AND RESCUE REGION (SRR) ICAO and IMO defini-on SRR: is an area define dimensions associated with a rescue coordina-on center within which search and rescue provided SRRs are established to ensure provision of adequate communica-ons infrastructure, efficient distress alert rou-ne and proper opera-onal coordina-on to effec-vely support search and rescue [Sec-on 2.2 of Annex 12]

15 INTERNATIONAL AERONAUTICAL AND MARITIME SAFETY SEARCH AND RESCUE (IAMSAR) MANUAL 1993 ICAO / IMO Joint Working Group Harmonization of Aeronautical and Maritime SAR Published the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR Manual)

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17 THE ARCTIC SAR AGREEMENT: A POSSIBLE MODEL?? The Arc-c Council The Agreement on Coopera-on on Aeronau-cal and Mari-me Search and Rescue in the Arc-c 2011

18 THE ARCTIC SAR AGREEMENT: A POSSIBLE MODEL?? Sovereignty issue over mari-me areas!! The delimita+on of any rescue region is not related to and shall not prejudice the delimita+on of any boundary between the States or their sovereignty, sovereign rights or jurisdic+on ar+cle 3(2)

19 CONCLUSION / WAY FORWARD Need to re- look at the present SAR framework - structure and capability gap Regional coopera-on Capacity building Ar-c SAR legal framework can be a reference model Saving lives must be the concern of governments