“I understand what you are
saying captain about your wish for me to reverse my course but I should make it
clear to you that I am exercising my right to freedom of navigation under Article
87 of the UN Convention of the Law of the Sea which I believe Australia and
Indonesia have ratified. Furthermore, if you believe I am not in international
waters but in the Australian contiguous zone then my passengers exercise their
right to claim asylum in Australia.”
Or:-
“I regret to inform you captain
that my vessel is unseaworthy and as such I am unable to reverse my course. I
therefore intend to proceed to the nearest safe haven. In so doing I exercise
my right of Master’s Discretion under Chapter V Regulation 34-1 of SOLAS.”
I wonder what the commanders of Royal Australian Navy and
Customs vessels are instructed or expected to do upon receiving either of those
responses.
1 comment:
And as Don Rothwell has pointed out over and over again everyone has the legal right to innocent passage on any part of the ocean including to the shore of any country without interference. Funny how we went 360 km to rescue two French people without a murmur.
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