What Happens After the Defense? Considering “Post Incident” Obligations of Masters from the Perspective of International and Danish Law

Birgit Feldtmann*

*Corresponding author for this work

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

The move toward privately contracted armed security personnel raises a number of regulative and legal issues. One example is the question of the master's duty to render assistance in situations of distress: Does the master have to render assistance if the seafarer in distress is in fact a pirate who has attempted to attack the master's vessel and whose distress is the direct result of lawful self-defense by PCASP? This is the question at the heart of this article, which argues that there are certain post incident obligations and that it is crucial to address these obligations at the flag-state level.

Original languageEnglish
JournalOcean Development and International Law
Volume46
Issue number2
Pages (from-to)98-110
Number of pages13
ISSN0090-8320
DOIs
Publication statusPublished - 3 Apr 2015
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2015, Copyright © Taylor & Francis Group, LLC.

Keywords

  • Danish law
  • duty to render assistance
  • international law
  • PCASP
  • post incident situation

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