11 avril 2021

OUVRAGE : F.G. Attard, The Duty of the Shipmaster to Render Assistance at Sea under International Law

Felicity G. ATTARD

In The Shipmaster's Duty to Render Assistance at Sea under International Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.


TABLE OF CONTENTS

Preface
General Introduction

Chapter 1. The Shipmaster’s Duty to Render Assistance at Sea: Challenges and Considerations Posed by Irregular Migration by Sea
Chapter 2. Historic Development of the Duty to Render Assistance at Sea
Chapter 3. The Duty to Render Assistance at Sea under International Law
Chapter 4. State Measures Relating to the Duty of the Shipmaster to Render Assistance under the Law of the Sea
Chapter 5. State Measures Relating to the Duty of the Shipmaster to Render Assistance at Sea under Human Rights Law and Refugee Law
Chapter 6. State Responsibility and the Duty of the Shipmaster to Render Assistance at Sea
General Conclusions
Back Matter
Bibliography
Index

Felicity G. ATTARD, The Duty of the Shipmaster to Render Assistance at Sea under International Law, Leiden, Brill/Nijhoff, 2020 (330 pp.)

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