1.8 There are circumstances under which it may
be desirable to carry out a cargo transfer operation or other operations
to prevent or minimize damage or pollution. For this purpose, it will
usually be advantageous to take the ship to a place of refuge.
1.9 Taking such a ship to a place of refuge would
also have the advantage of limiting the extent of coastline threatened
by damage or pollution, but the specific area chosen may be more severely
threatened. Consideration must also be given to the possibility of
taking the affected ship to a port or terminal where the transfer
or repair work could be done relatively easily. For this reason the
decision on the choice and use of a place of refuge will have to be
carefully considered.
1.10 The use of places of refuge could encounter
local opposition and involve political decisions. The coastal States
should recognize that a properly argued technical case, based on a
clear description of the state of the casualty, would be of great
value in any negotiations which may take place.
1.11 At the international level, the Conventions
listed in Appendix 1, as may
be amended, constitute, inter alia, the legal context
within which coastal States and ships act in the envisaged circumstances.