海上衝突予防法第38条および第39条と国際規則について

概要

論文の詳細を見る
Both rules 38 and 39 have hardly been changed during over a century in the real meaning except the expressions of and the positions in these rules. At the Conference on Revision of the International Regulations for Preventing Collisions at Sea 1972, it was proposed that rules 27 and 29 in the former Regulations were opposite side of the same coin, one negative and the other positive. It was felt that confusion of construing rules 27 and 29 would be minimized by placing two rules "back to back" and both rules were transferred to rule 2 (a) and (b). Rule 2 was more legally changed than the former Regulations and Japanese ones. Rule 2 (a) was changed as the result of establishing rule 5 in which keeping a proper lookout is obligatory so as to make a full appraisal of the situation and the risk of collision. In this paper, the author is trying to study : the interpretation and history of the rules comparing to the rules of the International Regulations ; the decisions involving the rules, determined by Japanese Marine Accident Inquiry Agency during past 10 years from 1969 to 1978 and the questions in complying with the rules.
社団法人日本航海学会の論文
1981-01-15