Due to a lack of deployment of rescue assets by European Member States in the Central Mediterranean, the vessel Ocean Viking changed course towards the people. The time has now come to reassess these laws so that they may meet the exigencies of a fast evolving maritime trade, while striking a balance between the rights of the shipper and carrier. ********On November 11th, one spotted empty boat was on fire in the Libyan SAR zone. Another empty boat was sighted on two occasions, on November 4th and 6th. One hour and 30 minutes later, the so-called Libyan Coast Guard were circling around the people with a patrol boat at the boundary to the Maltese SAR zone. 18.-20.11., distress case R, 70 persons: Non-assistance by authorities of a distress case for at least two days, Italian and Maltese RCCs uncooperative. Only a few were wearing life vests, while several had tire rings around their bodies. *****The Sea-Watch 4 is operated by the NGO Sea-Watch. ********One additional empty boat was spotted, however a position could not be documented. We also informed the merchant vessels company Augusta Offshore S.p.A. about the situation and asked for an immediate intervention. 3 numbers did not work. Although these Rules have not been in force long enough to prove their validity, they certainly constitute a serious attempt to improve and harmonize the law on carrier liability. The Sea-Watch 4 was able to conduct a rescue operation and safely embark 73 persons. This is even more so in a country like Malta, which, being an island, depends totally on the carriage by sea in its import/export trade. Instead this thesis will be limited to the carriage of goods by sea, in particular to the responsibilities and liabilities of a carrier in a contract of carriage by sea. Seabirds crew were able to spot the people a further time in the Maltese SAR zone. This factsheet outlines a summary of the distress cases witnessed in November 2021 by Sea-Watchs Airborne crews with their aircraft Seabird. The civil rescue vessel Sea-Watch 4spotted a boat in distress with two Libyan vessels close-by. Zivile Seenotrettung von Flchtenden. Die technische Speicherung oder der Zugang ist unbedingt erforderlich fr den rechtmigen Zweck, die Nutzung eines bestimmten Dienstes zu ermglichen, der vom Teilnehmer oder Nutzer ausdrcklich gewnscht wird, oder fr den alleinigen Zweck, die bertragung einer Nachricht ber ein elektronisches Kommunikationsnetz durchzufhren. 22.11., distress case Y, 44 persons:Non-assistance by a merchant vessel, RCC Malta not taking any steps to assist a boat in distress in the Maltese SAR zone. *********One empty boat is the remains of distress case B which was disembarked in Lampedusa, Italy. Around 15 minutes later, an Italian Coast Guard patrol boat was observed by Seabirds crew heading towards the people. According to Mdecins Sans Frontires, the rescued people had already been adrift at sea for two days and could finally berescued thanks to the coordination of civil society actors. 08.11., distress case D, around 35 persons: Non-assistance by the Italian and Maltese authorities, unknown outcome. The outcomes for the other 40 empty boats remain unknown. The merchant vessel Kreta S, flying the flag of Antigua and Barbuda, was in the vicinity and said on the radio that it would assist the people. The outcome of this case remains unknown. Zivile Seenotrettung von Flchtenden an Europas Grenzen, Sea-Watch e.V. Please use this identifier to cite or link to this item: Shipment of goods -- Law and legislation -- Malta, United Nations Convention on the Carriage of Goods by Sea (1978), https://www.um.edu.mt/library/oar/handle/123456789/61324, Galea_Testaferrata_Simon_The Impact of the Adoption of The Hamburg Rules on Maltese Law on Carrier Liability.pdf, The impact of the adoption of the Hamburg Rules on Maltese law on carrier liability. Galea Testaferrata, S. (1995). Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated. *Since 2017, together with the Swiss NGO Humanitarian Pilots Initiative, Sea-Watch monitors the Central Mediterranean with its aircraft Moonbird and Seabird. Die technische Speicherung oder der Zugriff, der ausschlielich zu statistischen Zwecken erfolgt. The Geo Barents acknowledged the distress call and changed course towards the position. Neues Sea-Watch Schiff AURORA erstmalig im Einsatz: ber 80 Menschen aus Seenot gerettet, 4 boats in distress, with around 309 people, were rescued by the Italian authorities or arrived independently in Lampedusa, Italy, 1 boat in distress, 25 people, was rescued by the NGO vessel, The outcomes for 5 boats, 195 people, remain unknown, Estimated***number of persons in distress: 529, 1 boat in distress, 69 people, was rescued by the NGO vessel, 3 boats in distress, 542 people, were rescued by the Italian authorities or arrived independently in Lampedusa, Italy, 3 boats in distress, around 145 people, were intercepted by the so-called, 1 boat in distress, 102 people, was rescued by the merchant vessel, 1 boat in distress, 99 persons, was rescued by the NGO vessel, 3 boats in distress, 276 people, were rescued by the NGO vessel, The outcomes for 3 boats in distress, around 100 people, remain unknown, Estimated number of persons in distress: 1.333, the deadly consequences of European migration and border policies, the systematic non-assistance of European Member States and their delegation of rescue operations to the so-called, dangerous operational manoeuvres used by the so-called, the current non-assistance and involvement of merchant vessels with boats in distress at sea, the unjustified and systematic delays of European Member States to fulfil their obligations to conduct and coordinate sea rescue in their Search-and-Rescue zones, the need for NGO vessels in the Central Mediterranean Sea in order to uphold the law and save human lives. The people were successfully rescued in the evening by theNGO vessel and were disembarked on November 11th and 12th in Augusta, Italy. Die technische Speicherung oder der Zugriff ist erforderlich, um Nutzerprofile zu erstellen, um Werbung zu versenden oder um den Nutzer auf einer Website oder ber mehrere Websites hinweg zu hnlichen Marketingzwecken zu verfolgen. *********The Sea-Eye 4 is operated by the NGO Sea-Eye. Die technische Speicherung oder der Zugriff, der ausschlielich zu anonymen statistischen Zwecken verwendet wird. We spotted at least1.862 personsin distress aboard 25 different boats. On November 9th, around 19 hours after the first sighting, the people were spotted again in the Maltese SAR zone. Seabirds crew spotted the people in the Libyan SAR zone. Two boats in distress were rescued by the Italian authorities and disembarked in Lampedusa, Italy. Almost three hours later, Seabirds crew sighted the people a second time. Seabirds crewspotted the boat first on the 18th of November in the Libyan SAR zone and informed the authorities. Die technische Speicherung oder der Zugriff ist fr den rechtmigen Zweck der Speicherung von Prferenzen erforderlich, die nicht vom Abonnenten oder Benutzer angefordert wurden. Seabirds crew spotted the people in the Libyan SAR zone. Malta has always recognized this significance, as the Consolato del Mare clearly illustrates. The Deep Discoverer then informed Seabirds crew that a Tunisian NavyOfficer was on board and that therefore the merchant vessel would report the people in distress to the Tunisian Navy. In the meantime, the boat passed the boundary to the Maltese SAR zone. Seabirds crew spotted the people in the Libyan SAR zone on November 8th. On 08.11., Seabirds crew spotted 4 boats in distress, carrying around 140 persons. 04.11., distress case A, 69 persons:Successful rescue operation by NGO vessel with the support of civil actors, civil society again fills the gap left by European Member States in the Central Mediterranean Sea. 09.11., distress case H, 47 persons: Merchant vessel left alone by authorities, shift of responsibilities between the Italian and Maltese authorities, delay in rendering assistance. Sea-Watch untersttzt Sea-Eye, Solidaritt gemeinsam verteidigen! The Libyan, Maltese and Italian authorities were informed via email. According to testimonies from the rescued persons on board the Sea-Watch 4, the Libyan vessels had fired into the water and put the people at acute risk. Afterwards, Seabirds crew spotted the wooden boat and informed the authorities. After further phone calls between the ground crew and the Italian and Maltese RCCs, the authorities were not willing to provide any information about the two day old case. Both the vessel PB656 of the so-calledLibyan Coast Guard with intercepted people already on deck and the other Libyan patrol boat later stayed at a distance and did not intervene. The people were not wearing life vests. The people were spotted in the Libyan SAR zone by Seabirds crew. Nobody answered on 8 numbers. The civil rescue vessel Geo Barents was also in the area and sent out a mayday relay*******on behalf of the people in distress. Seabirds crew wasable to spot the boat again two days later on the 20th November, whereupon the crew sent out a mayday relay. According to its track, Frontexs drone had been orbiting the position of the boat between the sighting of Seabird and the rescue operation by Geo Barents. Twenty-three hours after the first sighting, Seabirds crew spotted the people again on November 9th, in the Maltese SAR zone. Two hours after Seabirds first sighting, the fishing vessel El Hancha,flying the Tunisian flag, and the merchant vessel Deep Discoverer, flying the flag of the Bahamas, were unresponsive to Seabirds calls on the radio. The Italian and Maltese authorities were informed about the Libyan unresponsiveness via email. Wir verwenden Cookies, um unsere Website und unseren Service zu optimieren. The ground crew called the Libyan authorities on 13 different numbers. 21.11., distress case V, 73 persons: Violence and dangerousmaneuversby the so-called Libyan Coast Guardputting people on board at acute risk, rescue by a civil society actor. ****The Ocean Viking is operated by the NGO SOS MEDITERRANEE. The Libyan, Maltese and Italian authorities were informed via email. The outcome for this boat in distress is unclear. 08.11., distress case F, 5 persons: Non-assistance of persons in distress in the Central Mediterranean Sea. The people were first sighted by the NGO sailing boat Nadir******and afterwards by Seabirds crew, in the Maltese SAR zone. The Maltese and Italian authorities were informed again and reminded of their duty to coordinate the rescue of the people. Seabirds crewspotted a boat in distress with around 40 people on board in the Maltese SAR zone and informed the authorities. The boat was listing strongly to one side and only a few people were wearing life jackets. In the evening, the people also called the initiative Watch The Med Alarm Phone, who were able to match the case with this boat. The outcome of this case remains unknown. Solidarittsmechanismus Welche Solidaritt? *In November 2021 we conducted14 operations, with a total flight time of 92 hours and 30 minutes. The boat was overloaded. Ohne eine Vorladung, die freiwillige Zustimmung deines Internetdienstanbieters oder zustzliche Aufzeichnungen von Dritten knnen die zu diesem Zweck gespeicherten oder abgerufenen Informationen allein in der Regel nicht dazu verwendet werden, dich zu identifizieren. The people were rescued by the Italian Coast Guard and disembarked in Lampedusa, Italy. This is perhaps one of the most active and complex areas of the subject, owing to the fact that its scope is to regulate the everyday activities of maritime commerce, while bringing together a variety of legal systems from around the world. One hour later,the Deep Discoverer was in the vicinity and said it could not render assistance, since the vessel was engaged in diving operations. May I take this opportunity to thank all those who helped me in the course of writing this thesis, in particular my tutor, Dr. Max Ganado, special assistant Dr. Andrew Muscat, as well as the staff at the International Maritime Law Institute, and National Library, where most of the research was conducted. Wir drfen nie vergessen, dass es hierbei um Menschen geht!, Lampedusa trauriger Schauplatz des Versagens Europas, Grobritannien setzt neues Sea-Watch Schiff fest. Early attempts by the major shipping nations at codifying the more popular mercantile laws, stand as evidence of the weight this field of law carries. 15.11., distress case L, 25 persons: Coordination and rescue by civil society actors, lack of state rescue capacity. There were several fuel canisters and a few life-rings on the boat. Ultimately, the 384 persons arrived in Lampedusa, Italy. During November 2021, Seabird and Skybirds crews spotted43 empty boats. *******A mayday relay is an emergency procedure which provides information about a boat in distress via maritime or aerial radio, requesting any asset in the vicinity to assist. During November 2021, we must assume that Frontexwas involved inat least3distress cases with its drone and aircraft. The boat was later rescued by the Italian Coast Guard and disembarked in Lampedusa, Italy. Their adoption, as we shall see, will not merely serve to better the shipper's position, but will also renew Malta's commitment to attain the unification of such laws, not to mention other indirect consequences on the Maltese commercial and legal set-up. The merchant vessel Asso Ventinove, flying the Italian flag, was in the vicinity and seemed to change its course towards the distress case. 07.11., distress case B, 384 persons: Overloaded boat in distress,unresponsiveness of several merchant vessels on the radio and the Joint Rescue Coordination Centre Tripoli on the phone, so-called Libyan Coast Guard circling the people. The merchant vessel Vos Triton, flying the flag of Gibraltar, and the oil platform Farwah were both unresponsive to Seabirds crew on the radio. Later, the merchant vessel informed Seabirds crew that the Italian Maritime Rescue Coordination Centre (MRCC) had referred to the Maltese Rescue Coordination Centre (RCC) and that the vessel should contact the Maltese authorities. Aircraft Seabird was also on scene monitoring the situation from the air, and saw the Libyan patrol boats attempt to intercept the rubber boat in distress. The merchant vessel Maridive 601, flying the flag of Belize, was unresponsive to Seabirds calls. After having been able to take 99 persons safely on board, the crew had to recover 10 dead bodies from the lower deck of the wooden boat, who had died from suffocation. These numbers are based upon the estimations of, A mayday relay is an emergency procedure which provides information about a boat in distress via maritime or aerial radio, requesting any asset in the vicinity to assist, One additional empty boat was spotted, however a position could not be, Solidaritt gemeinsam verteidigen! One boat was rescued by the NGO vessel Geo Barents and disembarked in Messina, Italy. Seabirds crewsent out a mayday relay on behalf of the boat. The boat was a double decker and the people were therefore in severe danger of capsizing. ***These numbers are based upon the estimations of Seabirds crews, as well as numbers which the initiative Watch The Med Alarm Phone, Mediterranean Hope-FCEI, the UNHCR and the IOM have provided to us. Two empty boats match with rescue operations previously conducted by the NGO vessel Sea-Eye 4. The Initiative Watch The Med Alarm Phone was later called by the people and could match the boat with their call. For 2 numbers, the persons could not speak English, and an exchange was impossible. Sea-Watch untersttzt MV Louise Michel. The impact of the adoption of the Hamburg Rules on Maltese law on carrier liability (Master's dissertation). These are valid enough reasons for Malta to seek alternative regimes, such as that offered by The United Nations Convention on The Carriage of Goods by Sea, 1978, otherwise known as The Hamburg Rules. The engine of the boat was not working and the people were adrift. **The Geo Barents is operated by Mdecins Sans Frontires. The people on board the boat in distress also called the initiative Watch The Med Alarm Phone which also informed the authorities, updating them several times with new positions of the boat. 16.11., distress case O, 99 persons and 10 dead bodies: Joint rescue efforts by civil actors, 10 dead bodies recovered due to delay and lack of state intervention and rescue capacities, involvement of Frontex drone.The people on board called the initiative Watch The Med Alarm Phone which then informed the authorities. Maritime Law is far too big a subject to be dealt with here. Authorities had knowledge about the distress case for at least 2 days, did not send any rescue capacities and thus knowingly accepted the danger to the lives of the people on board. ******The Nadir is operated by the NGO RESQSHIP. 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maltese for rehoming near hamburg