Limitations on the duty to render assistance at sea under international law in the COVID-19 era

Abstract

The duty to render assistance at sea is a fundamental norm of international law. The genesis of this obligation lies in the overwhelming need to protect seafarers at sea; today, the duty has been extended to cover all human life at sea. With developments in technology, safety standards at sea have improved significantly; nevertheless ‘human distress at sea’ situations continue to increase. The international maritime community is now facing a wide range of practical and legal problems relating to rescue at sea which were not apparent even some decades ago. The conflict and instability existing in certain areas of the Middle East, Africa and South-East Asia have exacerbated the phenomenon of irregular migration by sea. The enormity of the problem has placed pressures on coastal State rescue services as well as members of the maritime community, in particular, shipmasters, who are increasingly asked to rescue persons in distress at sea. This paper examines the status of the contemporary international legal regime regulating the shipmaster’s duty to render assistance at sea in light of the challenges associated with rescues involving irregular migrants. Special attention will be given to the impact of the COVID-19 pandemic on the implementation of the obligation to rescue. It will be argued that these challenges may limit further the vital duty of the shipmaster to render assistance at sea.