国際海上衝突予防規則の改正案に関する研究 : 商船とプレジャーボートの航行優先権

概要

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Since 1972 (COLREG was approved), mainly due to the improvement of economic conditions of people, the number of pleasure crafts increased very rapidly. In the meantime also increased the number, the size and overall the speed of commercial ships operating in the wide and complex open sea and coastal water net of world around commercial trades. Notwithstanding COLREG still treats in equal terms both commercial ships and pleasure crafts basing the right of way only on the maneuverability without taking into account both their type and the service, basically. Italy proposed to IMO that COLREG was amended so as to give commercial ship the right of way on pleasure craft. In this paper, the author discusses problems of amendment bill submitted by Italy, and researches for the right of way of vessel over pleasure craft from the viewpoint of legal interpretation theory and judgment analysis.
2010-03-25