1.
I
THE PRESENT SITUATION
Rendering assistance at sea
*
There is an obligation in intemational law for flag state parties to the relevant Conventions to require the Master of ships registered under their flag to render assistance to any persons in distress at sea, provided that this would not seriously endanger the ship by doing
The Master is bound to respond to any distress signal.
So.
*Article 11 of the Brussels Convention on Assistance and Salvage at
Sea 1911 Regulation 10 of Chapter V of the London Convention on the Safety of Life at Sea (SOLAS) 1960.
2
Article 12 of the Geneva Convention on the High Seas 19587
The first decision facing ships' masters when distress signals have been received and refugees are sighted is whether to render assistance by rescuing the refugees, or by giving first aid such as effecting repairs to the boats and, supplying food, medical aid and other supplies to the refugees. Decisions on whether to render assistance without placing the rescue ship in danger, and whether to effect a rescue or give first aid, can only be taken by those on the spot in light of their professional expertise and humanitarian instincts. There is no guidance in international regulations.
3
Custom and practice has been for most flag states to respond to their obligations although it is known that shipowners from a littoral state in the South China sea area have advised ships' masters to. ignore distress signals from refugees as distinct from survivors from a ship or aircraft casualty. Examples of ships stopping to render first aid assistance, as distinct from effecting a rescue, are also known.
4 In the event that refugees are picked up ships' masters then have to decide whether to proceed to the first scheduled port of call or to take into account other considerations such as safety or medical distress requiring them to make for the nearest feasible landing place, or a port of refuge. There are many examples of ships proceeding to a
/scheduled
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