account be made for the level of visibility and obstructed views. It is also important
to underline the consideration of the surroundings such as a channels or the proximity to other vessels whereby the hydrodynamic forces tend to pull the vessel off its
course.
Under the International Regulations for Preventing Collisions at Sea, Rule 6:
“Every vessel shall at all times proceed at a safe speed so that she can take proper and
effective action to avoid collision and be stopped within a distance appropriate to the
prevailing circumstances and conditions.” This Rule could give rise to arguments
against increasing speed in certain circumstances.
Despite the advantage that increased speed might render during a piracy encounter, it is imperative to note that vessel operators might be liable for damages caused
by excessive speed as this might be perceived as reckless and irresponsible under the
general law of liability.
4.3.2 Region Avoidance
40
The Seafarer shall have the right not to proceed to such area according to the ITF
Framework.
41 In the event of an unfortunate event occurring, the Seafarer shall be
repatriated at Company’s cost with benefits accrued until the date of return to his/her
home or the port of engagement.
42 The Seafarer shall have the right to accept or
decline an assignment in a high risk area. However, the seafarer might be faced with
a situation where refusing an assignment is not possible. There are several steps for
avoiding these high risk areas of which are published as Best Management Practices
by MSCHOA for avoiding Somali Led piracy.
Equally important is being connected with organizations like The UK Maritime
Trade Operations (UKMTO). The UKMTO office in Dubai acts as the first point of
contact for ships in the region is absolutely essential in the effort of avoiding high
risk areas. UKMTO uses this information to help Naval/Military forces to maintain
an accurate picture of merchant shipping.
4.4 Detect
4.4.1 CCTV
One of the core arguments against CCTV, as one of surveillance materials, is that is
poses a threat to privacy, which is of value to the individual and to society. However,
the use of CCTV as piracy countermeasure might be classified under exceptions
40 See document of reference: Ethics and human rights on the field of piracy, page: 39.
41 ITF Standard Collective Agreement.
42 ITF Standard Collective, Paragraph 20.
The Application of Human Rights and Ethics Principles to Self-. . .
405
to underline the consideration of the surroundings such as a channels or the proximity to other vessels whereby the hydrodynamic forces tend to pull the vessel off its
course.
Under the International Regulations for Preventing Collisions at Sea, Rule 6:
“Every vessel shall at all times proceed at a safe speed so that she can take proper and
effective action to avoid collision and be stopped within a distance appropriate to the
prevailing circumstances and conditions.” This Rule could give rise to arguments
against increasing speed in certain circumstances.
Despite the advantage that increased speed might render during a piracy encounter, it is imperative to note that vessel operators might be liable for damages caused
by excessive speed as this might be perceived as reckless and irresponsible under the
general law of liability.
4.3.2 Region Avoidance
40
The Seafarer shall have the right not to proceed to such area according to the ITF
Framework.
41 In the event of an unfortunate event occurring, the Seafarer shall be
repatriated at Company’s cost with benefits accrued until the date of return to his/her
home or the port of engagement.
42 The Seafarer shall have the right to accept or
decline an assignment in a high risk area. However, the seafarer might be faced with
a situation where refusing an assignment is not possible. There are several steps for
avoiding these high risk areas of which are published as Best Management Practices
by MSCHOA for avoiding Somali Led piracy.
Equally important is being connected with organizations like The UK Maritime
Trade Operations (UKMTO). The UKMTO office in Dubai acts as the first point of
contact for ships in the region is absolutely essential in the effort of avoiding high
risk areas. UKMTO uses this information to help Naval/Military forces to maintain
an accurate picture of merchant shipping.
4.4 Detect
4.4.1 CCTV
One of the core arguments against CCTV, as one of surveillance materials, is that is
poses a threat to privacy, which is of value to the individual and to society. However,
the use of CCTV as piracy countermeasure might be classified under exceptions
40 See document of reference: Ethics and human rights on the field of piracy, page: 39.
41 ITF Standard Collective Agreement.
42 ITF Standard Collective, Paragraph 20.
The Application of Human Rights and Ethics Principles to Self-. . .
405