What lies beyond the international legal obligation to save lives at sea? : a shipmaster’s perspective

Abstract

The duty to render assistance at sea is a long-standing international principle that prima facie imposes an obligation on shipmasters to save life at sea. Over time this duty has become increasingly demanding. Due to the influx in migration flows, ship captains and their commercial agents have been carrying the financial losses but, more importantly, ship captains have been placed in incredibly high-pressure situations. The pressing need for this research to be conducted results from the fact that although many authors have studied the implications from a states perspective, few have really compiled works that focus specifically on the shipmaster and his multifaceted capacities in rescue operations. Chapter 1 will provide the reader with a general insight into the moral aspect of rescue at sea. The dire circumstances that lead these people to travel through capricious seas will be explored, following an insight into the question of refugee status. Chapter 1 concludes with an analysis of the human rights pertaining to all people in distress. Chapter 2 analyses the international legal regime of the duty to render assistance, its origins and its progressive development. It will also discuss the recent amendments to international conventions that brought about a shift in focus to the shipmaster and his burdens by encouraging states to lighten their load. Chapter 3 will then examine the versatile powers and duties that the shipmaster has, both internationally as well as commercially, thus bringing his conscious divide to the fore. Chapter 4 will provide the reader with a brief understanding of some of the ramifications that happen on the commercial side of the spectrum. The author will then conclude by highlighting the issues brought about through the previous chapters and discuss possible areas for development.