Natural Law News

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…

On December 30, 2000, the tanker Castor was underway in the western Mediterranean Sea en route from Constanza, Romania to Lagos, Nigeria, carrying 29,470 tons of unleaded gasoline. During a fierce winter storm, the ship developed a 22-m long crack across its main deck between frames 72 and 73, approximately midway along its 183.5 m length. For the next 24 days, the tanker fruitlessly sought permission to enter sheltered coastal waters of nations littoral to the Mediterranean. Its requests were rebuffed successively by Morocco, Spain, Gibraltar, Algeria, Tunisia, France, Italy, Malta, and Greece. Finally, on January 22, 2001, the cargo remaining on board was successfully lightered during a high seas transfer in international waters near Malta.