A Study on the Legal Regime and Practice of Maritime Rescue

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === This study explains the search and rescue operations under International Law, hence the demands of the International Maritime Organization and Taiwan’s related Acts and regulations. It compares current conditions of major countries’maritime safety organization...

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Bibliographic Details
Main Authors: Teng-Hsien Chou, 周登賢
Other Authors: Robert Lih-Torng Chen
Format: Others
Language:zh-TW
Published: 2006
Online Access:http://ndltd.ncl.edu.tw/handle/13454896075683180553
Description
Summary:碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === This study explains the search and rescue operations under International Law, hence the demands of the International Maritime Organization and Taiwan’s related Acts and regulations. It compares current conditions of major countries’maritime safety organizations, such as the United States, United Kingdom , Japan and Mainland China.It is hoped in hopes to discover methods of amending the rescue Act and improving maritime rescue system of operations. Maritime rescue operations usually involve the cooperation of multiple departments. The passage of 「Disaster Preventing and Response Act」in 2000 and the establishments of 「Taipei Rescue Coordination Center」(T.R.C.C) and 「Coast Guard Administration」(C.G.A.) in Taiwan have proven to be good foundation, but still need to improve on becoming more progress and efficient. According to the maritime disaster rescue related Acts, when a maritime distress occurs, the T.R.C.C should demand C.G.A. to launch rescue action, but not all of the maritime rescue operations are launched as defined by the 「Disaster Preventing and Response Act」 need to use C.G.A. “Search and Rescue” power to succeed. This study shows that the structure of the maritime rescue operations is partially overlapped and the command system is too complicated; therefore, it should be combined to one command center. For the long-term development of maritime rescue systems, we should tract the “Maritime Disasters Act”. A specific law forms systemic legislation, regulating fields of rescue operations, responsibilities between the authorities and executives and the legal relations between the rescue subjects and objects. Now, each maritime rescue unit belongs to different departments. The coordination and liaison procedures among different departments are too complicated, leading to deferring the acquirement of the rescue resources, causing many piteous events. A survey shows that 90% of maritime distresses around the island happen within 20 miles of Taiwan’s shores. Hence this study suggests authorities to adjust their strategies on maritime rescue operations by expanding responsibilities of “Inspectation Offices”of C.G.A., located in all important fishing ports around the island shores and to distribute skiffs to each Inspectation Office without water-deepth limits and with more mobility. When a distress happens, the authorities could use them as a Search and Rescue station, which could take immediate effect and elevate the efficiency and success rate of maritime search and rescue operations. Keywords: serch and rescue operations,rfscue Act,Maritime rescue operations.