Editing Search and rescue (section)

==2.1.1 Duty to Render Assistance==

The duty to render assistance at sea is set out by '''Article 98''' of the UNCLOS, as follows:

‘''1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:''
''(a) to render assistance to any person found at sea in danger of being lost;''
''(b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him; (…)''’

It imposes a general duty on state parties to require their vessels “''to render assistance to any person found at sea in danger of being lost”'' and “''to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected”''. Where ships collide, each ship’s master is to be obliged “to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call”. No immigration or other exceptions apply.

UNCLOS also at Article 98(2) imposes a duty on state parties to “promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose".

On the face of it, UNCLOS Article 98 obliges state parties, including the United Kingdom, to rescue refugees in distress at sea and also to operate a search and rescue system. There is an argument that Article 98 falls within the part of UNCLOS addressed only to the high seas and therefore the obligation does not apply within territorial waters or the contiguous zone (see Article 86). The words of Article 98 itself do not support this approach.
Article 18 seems to imply a duty of rescue in territorial waters and the contiguous zone; and, in any event, other conventions apply similar obligations without any similar restriction.