Maritime Assistance and Rescue Efforts
Regulation | Safety
Recognizing maritime travel and commerce bears inherent risks,
Believing that the cost of reciprocal obligations between member states are always outweighed by the gains of an international safety protocol to rescue vessels and persons,
Concerned that the risks of rescue to vessels bears a corresponding obligation of the rescued and society to offset those risks, and
Declaring that salvage operations are distinctly separate from rescue operations for the purposes of international regulation,
The World Assembly enacts the following:
“Vessel” means any vehicle that travels on or below the surface of a water body which engages in, enables, or otherwise supports commerce,
Member states must require vessels registered in their nations render, to the best of their ability, aid to any credible emergency request for aid that meets the following criteria:
1. The act of rendering aid will not place the vessel, its crew, or its passengers at credible risk of serious physical harm beyond the generalized risks of maritime travel;
2. The act of rendering aid does not credibly risk depletion of fuel, water, or sustenance necessary to maintain the safety and health of the crew or passengers below what is necessary to reach safety without assistance; and
3. The act of rendering aid will not divert the vessel from its current destination to a prior credible mayday request or interfere with another response to a credible mayday request.
All rescuing vessels are presumed capable of relaying an emergency request for aid to a vessel or entity capable of rescue as the vessel requesting aid requires.
Member states must further require vessels maintain logs that include, at minimum, the vessel’s daily path traveled, an estimate of remaining fuel range and stock of essential supplies, and records of any emergency request received to validate claims relative to maritime rescue.
Member states must allow the owner of a rescuing vessel, other than state-owned craft tasked with providing rescue services, to place and enforce a lien in the amount necessary to recoup:
- the cost of fuel used during rescue,
- the cost of medicine, water, and sustenance provided to rescued persons,
- the cost of repairs for any damage sustained during rescue, and
- the cost of medical expenses not otherwise insured for injuries sustained during rescue.
Lienholders may place the rescue lien, less any salvage claim they may have, on the following assets in the following order of priority to guarantee payment: on the assets of the owner of the rescued craft, the rescued craft itself, or against the value of the vessel’s commercial cargo. No such lien is enforceable against the personal property of the crew, passengers, or non-commercial cargo, except where a passenger or crew member is also an owner, in part or in whole, of the vessel or commercial cargo. Such liens will have priority over all other liens or encumbrances.
The General Accounting Office (GAO) establishes the Maritime Rescue Fund (MRF) to disburse funds accordingly:The GAO will ensure the MRF is adequately funded from the following sources in order of priority:
- To reimburse rescuing vessels when a rescuer’s costs is not satisfied by the lien; and
- To fund the return of any rescued passengers or crew.
- Any General Assembly fines stemming from the violation of this resolution or any other resolution addressing maritime safety,
- Charitable contributions, and
- From the World Assembly General Fund.
Member states must allow the passengers and crew of rescued vessels legal entry and exit for the purpose of returning any rescued passengers to either the nation of their destination or origin, and any crew to their nation of either domicile, destination, or from which the rescuing vessel operates. This does not apply to captured prisoners of war, criminal suspects subject to a member state’s criminal jurisdiction or extradition policies, or any individual to whom member states have contradictory rights or obligations created by a General Assembly resolution.
"The Jedistino delegation is attempting to repeal extant law on maritime salvage. While I believe that this proposal can pass while extant law on maritime salvage exists, I believe that my legal position goes from arguable to unassailable upon its repeal. As such, I intend to submit this after the repeal of GAR#50.
"Further, I anticipate that this will fall best under Regulation | Safety. However, there is an argument in favor of Advancement of Industry | CE. I think that is a more tenuous argument, but the specific category has rarely been a concern for me. One is as good as the other.
"Finally, I recognize the formatting is terrible. That will be addressed in the future (ooc: when I am not hijacking work wifi)."