극지해역운항코드와 항만국통제에 관한 검토

Abstract

Because of global warming, the thawing of the ice caps in polar region is slowly accelerating and it gives rises to us a serous marine ecological problems. On the other hand, there has been a steady and significant overall increase in vessel traffic to, within and through the Polar Regions due to the melting of polar ice. The inherent hazards of maritime transport in Polar waters, which include safety and environmental issues, are primarily related to the fact that “low temperatures alter the physical properties of many materials, and the overall environment severely degrades human performance unless elaborate precautions are taken. Although environmental and safety issues have been addressed in previous International Maritime Organization (IMO) Conventions, there has not been a comprehensive instrument which addresses all aspects of Polar shipping. This situation is about to change. The IMO has drafted a mandatory Polar Code which is expected to be in force in January 2017, and also “the Code should be made mandatory under SOLAS and/or MARPOL. Unlike the non-mandatory Guidelines for Ships Operating in Polar Waters by the IMO, the Polar Code is intended to “cover the full range of design, construction, equipment, operational, training, search and rescue and environmental protection matters relevant to ships operating in the inhospitable waters surrounding the two poles. As a member of SOLAS and/or MARPOL, Korea shall abide by all the provisions of the said Conventions. In the meantime, as an observer of the Arctic Council, Korea is encouraged to support the work of the Arctic Council through its provision of scientific and other expertise, information and financial resources. As a member authority of the Tokyo MOU, Korea has accepted not only the relevant instruments on which regional PSC is based, but also has enacted domestic laws concerning Port State Control (hereunder, 'PSC'). However, the Article 5 of the Korean Ship Safety Act and the Article 4 of the Korean Marine Environment Management Act state that unless provisions of the said statutes set up more stringent standards for the enforcement of PSC than those of the relevant international Conventions, provisions of the relevant Conventions shall have priority. It must be kept in mind that firstly, the above stated provisions of statutes may be conflict with the core values of Korean Constitutional Law, secondly, Conventions which are consented and approved by the Korean National Assembly have the equal power for the enforcement of PSC in Korea, thirdly, the Korean domestic laws concerning PSC enumerate the relevant international Conventions as sources for the instrument for the execution of PSC in Korea. Upon taking account of the said explanation, the Article 5 of the Korean Ship Safety Act and the Article 4 of the Korean Marine Environment Management Act must be revised. In view of introducing collaborative systems of the PSC for the Polar Regions, The PSC in Korean ports, as gateway ports to polar region, will not only serve for the rights and interests of the port state, but also those of the international community as a whole. In sum, Polar Code provides vessels navigating Polar areas with internationally mandatory guidelines for the safety of the vessels and the prevention of marine pollution. Therefore, it will be much more crucial for S. Korea, as a gateway port to the Arctic Ocean, to establish and enforce effective regulations as for the PSC for the safe navigation and prevention of marine pollution.