CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ REGULAR MIGRATION THROUGH SOUTH MEDITERRANEAN ROUTE … “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: (a) to render assistance to any person found at sea in danger of being lost; (b) 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”. 13 The coastal states are obliged to “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”. 14 Further development of the search and rescue system in the sea was conducted in the International Convention on Maritime Search and Rescue, as amended. 15 The convention sets up a framework of cooperation in SAR operations to compose a global SAR system. The aim of such system is that “no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinated by a SAR organization and, when necessary, by co- operation between neighbouring SAR organizations.” 16 The parties to the Convention are to arrange for the provision of adequate SAR services in their coastal waters and enter into SAR agreements with neighbouring coastal states. The agreements should establish the SAR regions, pool the facilities, establish common procedures, training and liaison visits. The preparatory measures outlined in the convention include the establishment of rescue co- ordination centres and subcentres, the preparation of operating procedures to be followed in the event of emergencies or alerts and during SAR operations. 17 Due to a low ratification rate and objections from the states, the Convention was revised in May 1998 and entered into force in January 2000. The revised Annex of the Convention “clarifies the responsibilities of Governments and puts greater emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations”. 18 The world’s international waters are divided into SAR regions. The limits of those regions are set by the coastal states, but they are only provisional and the states are encouraged to enter into international agreements to set formal limits to their SAR regions and agree on cooperation. The advantage of such a system is that states do not have to rush to help their citizens anywhere in the world, as “coastal states provide SAR services to anyone in distress within a SAR region, without regard to the person’s nationality, status, or circumstances.” 19 The main obligation of the coastal state is the coordination of SAR operations. It is not required from the coastal state to have all the SAR resources necessary to respond to distress situations in its whole SAR region, the main responsibility is the coordination of such shared efforts. 20 In the Mediterranean Sea, the SAR regions are also delineated between different states. The specific and interesting thing is that the operations are not carried out only in Italian and Maltese SAR areas, EUNAVFOR ships are patrolling in the Libyan SAR area, as well as 13 UNCLOS convention, supra note 7, Article 98. 14 Ibid. 15 International Convention on Maritime Search and Rescue, 1979. Entry into force: 22 June 1985. 1998 amendments (MSC.70(69)) 1 January 2000 (revised Annex) 2004 amendments (MSC.155(78)) 1 July 2006. 16 IMO. International Convention on Maritime Search and Rescue (SAR) http://www.imo.org/en/About/conventions/ listofconventions/pages/international-convention-on-maritime-search-and-rescue-(sar).aspx accessed 30 May 2017.

17 Ibid. 18 Ibid. 19 BUTTON, supra note 12, p. 30. 20 Ibid.

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