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Obligations of Coastal State if Foreign Vessel Accident Occurs

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Obligations of Coastal State if Foreign Vessel Accident Occurs

Obligations of Coastal State if Foreign Vessel Accident Occurs
Kartika Paramita, S.H., LL.M.International Business Law Program Universitas Prasetiya Mulya
International Business Law Program Universitas Prasetiya Mulya
Bacaan 10 Menit
Obligations of Coastal State if Foreign Vessel Accident Occurs

PERTANYAAN

If there is an accident of a sunken plane/ship at the sea owned by a foreign country, does the foreign country also have an obligation to help search for the victims of the accident? Is there any international maritime law that regulates this matter?

DAFTAR ISI

    INTISARI JAWABAN

    Every coastal state is obliged to assist in conducting searches and providing assistance to ships or aircrafts which are involved in accidents.

    The abovementioned obligations are regulated under the United Nations Convention on the Law of the Sea 1982 (“UNCLOS”), the International Convention for the Safety of Life at Sea 1974 (“SOLAS”), and the International Convention on Maritime Search and Rescue 1979 (“SAR”).

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Kewajiban Negara Pantai Jika Terjadi Kecelakaan Kapal Asing which was written by Kartika Paramita, S.H., LL.M., and was published on Monday, 21 June 2021.

    All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    In relation to the obligation of a country to provide assistance at the sea, it has actually been regulated in Article 98 of the United Nations Convention on the Law of the Sea 1982 ("UNCLOS") namely:

    Article 98

    Duty to render assistance

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    1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:
    1. to render assistance to any person found at sea in danger of being lost;
    2. to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;
    3. after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

     

    1. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose.

    On the other hand, the obligation to carry out rescue is also regulated in Article 7 and Article 33 of Chapter 5 of the International Convention for the Safety of Life at Sea 1974 ("SOLAS") in which each country is obligated to allow vessels registered in its country to be involved in rescue operations.

    In addition, Article 2.3. of the International Convention on Maritime Search and Rescue 1979 ("SAR") also assigned the coastal state where the accident occurred to be the coordinator of the rescue operation, as follows:

    2.3 Establishment of rescue coordination centres and rescue sub-centres

    2.3.1 To meet the requirements of paragraphs 2.2.1 and 2.2.2 Parties shall establish rescue coordination centres for their search and rescue services and such rescue subcentres as they consider appropriate.

    2.3.2 The competent authorities of each Party shall determine the area for which a rescue sub-centre is responsible.

    2.3.3 Each rescue coordination centre and rescue sub-centre established in accordance with paragraph 2.3.1 shall have adequate means for the receipt of distress communications via a coast radio station or otherwise. Every such centre and sub-centre shall also have adequate means for communication with its rescue units and with rescue coordination centres or rescue sub-centres, as appropriate, in adjacent areas.

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. United Nations Convention on the Law of the Sea 1982, accessed on 21 June 2021 at 12.38 West Indonesian Time (zone); 
    2. International Convention for the Safety of Life at Sea 1974, accessed on 21 June 2021 at 16.46 West Indonesian Time (zone).
    3. International Convention on Maritime Search and Rescue 1979 , accessed on 21 June 2021 at 17.00 West Indonesian Time (zone).

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