선박기인 해양오염에 대한 국가관할권의 한계와 문제점 및 향후 발전과제

Abstract

Traditional flag State registers have weakened significantly in the past several decades because some States have introduced so called flags of convenience. So that, the international community has had to request port States or coastal States to exercise jurisdiction in their territorial sea or in their own waters over ships not complying with internationally accepted rules and regulations. Thus, port State jurisdiction has been stressed very much more than flag State jurisdiction in recent years. It is true that port State jurisdiction and control can effectively complement the limitation and insufficiency that flag State jurisdiction bears. In particular, the UNCLOS(United Nations Convention on the Law Of the Sea) allows port states, in certain circumstances and conditions, to institute proceedings for violations of international standards established through competent international organizations such as IMO on the high seas and in the Exclusive Economic Zones of other States. This paper aims at studying the legal regime for the control of marine pollution from vessels under the UNCLOS and proposes some considerations for the improvement of the regime.