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[12PacRimLPolyJ143] The Tampa Incident: IMO Perspectives and Responses on the Treatment of Persons Rescued at Sea

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dc.contributor.author Kenney, Frederick J. Jr.
dc.contributor.author Tasikas, Vasilios
dc.date.accessioned 2011-02-10T18:25:14Z
dc.date.available 2011-02-10T18:25:14Z
dc.date.issued 2003-01
dc.identifier.citation 12 Pac. Rim L. & Pol'y J. 143 (2003) en_US
dc.identifier.issn 1066-8632
dc.identifier.uri http://hdl.handle.net/1773.1/721
dc.description.abstract Frederick J. Kenney, Jr. is Commander, U.S. Coast Guard, B.A., Michigan State University (1980), J.D., University of San Francisco (1990). He currently serves as the Coast Guard Liaison Officer to the Office of Oceans Affairs, U.S. Department of State. He also serves as a member of the U.S. Delegations to the International Maritime Organization's Assembly, Maritime Safety Committee, Marine Environment Protection Committee, Communications and Search and Rescue Subcormtittee, and the Navigation Subcommittee. Vasilios Tasikas is a Lieutenant, U.S. Coast Guard, B.A., State University of New York at Buffalo (1994), J.D., Indiana University School of Law, Bloomington (1997). The co-author currently serves as a staff attorney in the Office of Maritime and International Law, U.S. Coast Guard Headquarters. The co-author also serves as a member of the U.S. Delegation to the International Maritime Organization's Sub-Committee on Communications and Search and Rescue. Lt. Tasikas attended the 2002 International Conference on the Treatment of Persons Rescued at Sea held in Norrkoping, Sweden. Abstract: The duty to provide aid to fellow seafarers in distress has long been enshrined in maritime tradition. The modem formalization of this duty in international law, however, has created a division between the duty to "provide assistance" and the obligation to "rescue." This division has created ambiguity and friction as the former duty applies to individuals and vessels whereas the latter obligation applies to states. In recent years, incidents involving two commercial vessels, the Tampa and the Castor, have starkly illustrated the extent to which this ambiguity and friction in international law translates into negative effects in the real world. In response to these two incidents, the International Maritime Organization ("IMO") has begun to act to address dilemmas raised. The IMO has concluded that there is a true distinction between the duty to "assist" and the duty to "rescue." There is a valid rationale to maintaining that distinction. The solution to the problems faced by mariners in this area cannot and should not be solved by conflating the different requirements and powers implicated by rescue versus assistance. Rather, the solution lies in the creation of an obligation for coastal, port, and flag states to cooperate and coordinate solutions. This Article recommends that the Maritime Safety Committee embrace the outcomes developed at the informal meeting in Sweden in September 2002, which encompass the concept of finding solutions through international cooperation and coordination. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Pacific Rim Law & Policy Journal, University of Washington School of Law en_US
dc.subject Article en_US
dc.subject Maritime Law Forum en_US
dc.subject Australia's Tampa Incident: The Convergence of International and Domestic Refugee and Maritime Law in the Pacific Rim en_US
dc.title [12PacRimLPolyJ143] The Tampa Incident: IMO Perspectives and Responses on the Treatment of Persons Rescued at Sea en_US
dc.title.alternative Australia's Tampa Incident: The Convergence of International and Domestic Refugee and Maritime Law in the Pacific Rim
dc.type Article en_US
dc.rights.holder Copyright 2003 by Pacific Rim Law & Policy Association en_US


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