新海上衝突予防法第26条に関する考察(日本航海学会第11回講演会)

概要

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They appended specially the words "except trolling lines" which are not in the International original Law Art.26 to the New Japanese Law Art.26 of the Regulation for Preventing Collisions at Sea. Then the Japanese vessels fishing with trolling lines shall always keep out the way of the others, when they have risk of collision at sea, as the ordinal vessels observe generally the Art.19 in the Rules without any exception. But as the International original Law has none of such restricting words, we can construe the Art.26 by the Rule that the vessels fishing with trolling lines can take the stand to observe keeping their speeds and courses on, in Art.21, if necessary, nsing the lights in Art.9 (f). Then the seamen of the Japanese vessels engaged in the international navigation shall have contradictions to be obliged to observe the two different rules of the New Japanese Law and the International Law. There is no need to mention that they must firstly observe the International Law in the rules of preventing collisions between vessels at sea. After researching about the concerning rules. I came to this conclusion they should exclude the words "except trolling lines from the New Japanese Law Art.26, to express the same meaning with the International Law Art.26.
社団法人日本航海学会の論文
1954-11-01