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Education, not legislation, key for encouraging places

22nd September 2014 | Print version

David Bolomini from the international group of P&I clubs, London told IUMI 2014 in Hong Kong that there are still challenges in encouraging individual countries to provide a place of refuge in the event of a shipping accident.

Across international law there is no obligation on a nation state to offer a place of refuge, therefore there is a need for all involved – from shipowners to insurers - in a distressed situation to help make states aware of the advantages of offering a place of refuge.

Speaking at the Legal and Liability Workshop, Bolomini said: "There is no need for a places of refuge convention, however the suite of current IMO regulations need to be enforced. We encourage states to use IMO Places of Refuge guidelines."

Bolomini noted that some governments have limited resources to provide a place of refuge and are concerned about the reimbursement of recovery costs, despite the protection offered by insurers in such an event.

Therefore it is important for states to work with shipowners to implement emergency plans, to commit to early communication, ensure transparency with all stakeholders and work collaboratively to build confidence.

Bolomini said: "We recognise the challenge for states to plan ahead and produce operational procedures for distressed ships involving local governments, agencies and port authorities. We also advocate the introduction of powers for independent decision making in respect of salvage and intervention."

He added: "The wrong decision is as bad as no decision, the repercussions can be profound."

Stephen Barr, chairman of IUMI’s Legal and Liability Committee, said: "We welcome the collaborative approach [to offering a place of refuge] rather than the legislative approach."

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