Places of Refuge
The concept of force majeure has been broadly accepted since mariners initially encountered the perils of the sea. Persons and governments ashore have been obligated, at least by natural law, to accept and succor those in distress at sea. Concomitant with force majeure is the notion of providing a ship in distress with a place or port of refuge. A place of refuge is where a ship could go to avoid or ameliorate the peril and then depart at the earliest opportunity. While the original need for force majeure and a place of refuge was to reduce the risk to the lives of those on board the ship…
ISU: Fresh Thinking Needed
International Salvage Union (ISU) President Arnold Witte had called on all sectors of the shipping and insurance industries to approach the issue of salvage and spill prevention with “fresh thinking and open minds.” Speaking at the ISU’s Associate Members’ Day conference in London on April 2, he said the cost of failure to prevent pollution can run into billions. Against this background he urged the P&I community – responsible for payment of pollution claims – to accept that new approaches to reward for salvage and spill prevention have a significant role to play in reducing the financial impact of pollution claims and, at the same time, contributing to lower levels of ecological and economic damage.
Human Factor is Key to Safety
Parliament's Temporary Committee on Safety at Sea was told that the EU's response to recent maritime disasters had missed the key point - the human factor. Eduardo Chagas, of the Maritime Transport Section of the European Transport Workers' Federation (ETF), explained that the prime causes of tanker casualties were not structural but human. Grounding and collisions accounted for almost 50% of incidents, whereas only around 11% were related to hull failure. According to Chagas, human conditions in the maritime sector should be taken more seriously, especially in EU legislation. Flags of convenience and false certificates for merchant navy officers were the issues that most needed to be tackled.
Grounded MSC Napoli to be Refloated
According to reports, work will begin on Monday to refloat the container vessel MSC Napoli six months after it ran aground off the Devon coast, the Maritime & Coastguard Agency said. Engineers will aim to pump out 58,000 tons of water during the next three days in an attempt to prevent it breaking up and damaging the environment. A barge with winches and cranes, along with tugs and an anti-pollution vessel are at sea to help in the operation. More than two thousand containers and 3,000 tons of fuel oil have already been removed from the vessel which was deliberately beached off Branscome in January to prevent it sinking after being holed during storms. About 200 containers fell off and some reached the shore, sparking a looting spree.
ISU Warns that Environmental Salvage is Undervalued
Salvage services with environmental objectives are undervalued, according to the International Salvage Union. ISU President Joop Timmermans told some 200 delegates at the March 2003 Fourth International Marine Salvage Conference: “In the ISU’s view, environmental defense – as a function of salvage – is undervalued. The ISU–sponsored conference was held at the London headquarters of the International Maritime Organization (IMO). Joop Timmermans said the salvor’s reward for his traditional role, property recovery, was related to the value of that property. As for any additional value placed on environmental – or public interest – salvage services, the Special Compensation provided under Article 14 of the Salvage Convention is confined, essentially, to the reimbursement of expenses.
