선박기인 해상유류오염 규제에 관한 관할권 할당문제

Abstract

The protection of the marine environment has become one of the most important issues of modern times. The sources of human-induced marine pollution are numerous - discharges from land-based sources, ships, atmospheric deposition, ocean dumping and offshore oil and gas installations. This paper shall cover vessel-source marine pollution which takes 10 percents of the sources. In the issue of vessel-source marine pollution, especially, this paper shall research the alteration in the regimes on the marine pollution and the jurisdiction of the each regime. Many maritime states and flag states want the regulation on the vessel-source marine pollution to be weaker. This paper shows how each interest, especially developed states, exercises political leverage to the formation of the regimes, and how the present regime has been formatted. In the regimes, Jurisdictions can be divided into the prescriptive jurisdiction and the enforcement jurisdiction, and these jurisdictions are allocated to three interests, flag states, coastal states and port states. With the alteration of each regime, OILPOL, 69 intervention, 69 CLC, MARPOL and UNCLOS, the jurisdiction has been transferred from the flag states to the coastal states and port states because coastal states want their jurisdiction to be more extensive and more powerful. This process could be done due to the coastal states' effort, and the concerns on the marine pollution from the substandard ships. In addition to the jurisdiction of each interest, This paper also research the port state control (PSC) which makes the jurisdiction of the coastal states more practical and other measures, ISPS Code, Qualship 21 in the US Coast Guard, and Equasis website.