ΘΑΛΑΣΣΙΑ ΑΣΦΑΛΕΙΑ

Mandatory rules imposed on shipping and their insurance cost

result from a lack of co-operation between countries and international

organisations; and

(3) the risk that an increase in regulations will expose shipowners to ever-

increasing penalties for alleged violations, which in turn has implications

for insurance costs.

Refugees at sea

This concept of shipowners being expected to act as good citizens is perhaps

illustrated most clearly at present by the involvement of commercial ships in

dealing with the refugee crisis in the Mediterranean Sea.

According to UN figures, in 2015 over one million refugees arrived in Europe

having attempted to cross the Mediterranean Sea.

Of that figure, about 80%

of the refugees arrived in Greece. The vast majority were rescued at sea

either by commercial ships, naval vessels participating in Operation Triton

(run by the EU border agency, Frontex) or by charitable SAR (search and

rescue) vessels.

Up to September 2016 there had been a large reduction in the number of

refugees arriving by sea but the numbers involved were still very substantial.

Unfortunately, due to the huge numbers involved and, at certain times, a

delayed political response, commercial shipping has found itself in the

frontline in having to deal with the Mediterranean refugee crisis. Although

providing assistance to any person in distress at sea is both a moral obligation

and a maritime tradition, ships also have legal requirements placed on

them whenever they encounter persons at sea. These arise under several

conventions but principally:

(1) the Safety of Life at Sea (SOLAS) Convention 1974 as amended;

(2) the UN Convention on the Law of the Sea (UNCLOS) 1982; and

(3) the IMO International Convention on Maritime Search and Rescue (SAR)

Convention 1979,

as amended.

The underlying legal principle of these Conventions is that ships are obliged to

assist persons in distress at sea, regardless of their nationality, status or the

circumstances in which they are found. Furthermore, the Master and the crew

1. UNHCR bulletin dated 30 December 2015: see

latest/2015/12/5683d0b56/million-sea-arrivals-reach-europe-2015.html

2. See

toll-soars-2016-deadliest-year.html