Flag State Jurisdiction and its Problemsand Weaknesses
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초록
선박은 전통적으로 국제법상 기국주의 원칙이 적용되어 기국정부가 선박의 통제 및 관할권을 행사하여 왔으나, 편의치적선 등 국제적으로 기준미달선이 자주 출현하여 부당한 해운서비스를 제공하고, 특히 외국연안에서 해양오염사고를 일으킴에 따라 연안국은 물론 항만국들이 자국의 이익보호를 위해 외국적 기준미달선을 통제하는 소위 항만국통제를 강화하고 있다. 항만국통제는 기국에 대해서는 책임의 문제이고 항만국으로서는 권한이라고도 할 수 있는데, 이는 기준미달선을 제거함으로써 해상안전과 해양오염방지를 보장하려는 항만국과 기국의 협력체제라고 할 수 있다.
Abstract
Traditionally, flag State had strict nationality rules as required by international law, but these traditional registers have weakened significantly in the past several decades because some States have introduced so called open registers, more commonly known as flags of convenience. So that, flag State control has become very much inappropriate, and 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. Port State jurisdiction has been stressed very much more than flag State jurisdiction in recent years because of the inadequacy of flag State jurisdiction. It is true that port State jurisdiction and control can effectively complement the limitation and insufficiency that flag State jurisdiction bears. However, it is clear that the primary responsibility to ensure that ships comply with national and applicable international law resides in flag States. It is obviously required that both flag States and port States should cooperate closely so as to enhance the safety of ships and protect the marine environment.
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