ABSTRACT

This chapter takes a law of the sea-related perspective on the matter by analyzing the scope and legal consequences of the duty to render assistance to persons in distress at sea. It examines refugee law, here understood as a concept that includes the protection of human rights, in terms of its guarantees, which are additional to those under the international law of the sea. The details for the establishment of Search and Rescue (SAR) services are set out in the SAR Convention. Its purpose is to implement procedures and mechanisms to ensure the effective and proactive rescue of people in distress at sea. In light of the humanitarian spirit on which the SAR Convention is based, the duty to provide assistance to people in distress at sea must not be undermined by deviating instructions from the on-scene coordinator. The chapter also examines international refugee and human rights law in relation to their applicability and relevance vis-a-vis maritime rescue operations.