• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Journal of the Korean Institute of Navigation
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• v.9 no.1
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• pp.83-93
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• 1985

Sea casulties involving tankers, compared with those incurred by other type of vessels, have become particularly threatening to port State in terms of environmental as well as property damages. As a result, most of developed countries including the U.S.A. and Japan have shown a strong interest in implementing the policy of the Port State Control more rigorously in an attempt to protect themselves from irreparable damages caused by sea casualties involving large vessels. In this paper, the problems associated with the implementation of the Port State Control are analysed and then following recommendations and suggestions are made: ⅰ) The flag nation is urged to improve the quality of personnel associated with the operation of a ship. ⅱ) A closer cooperation between developing nations operating vessels and developed nations adopting the Port State Control is required for a successful implementation of this policy. ⅲ) Port states are advised to give a special attention to vessels carrying hazardous cargoes.

• Journal of Navigation and Port Research
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• v.37 no.2
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• pp.203-210
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• 2013

In spite of adoption of various IMO Conventions over the past, the reason why large vessel accidents related to human life and marine environment occur is that the IMO Conventions are not effectively implemented due to contravention of the conventions by flag states. In particular, the implementation of the conventions are not well being performed because some flag states having weak genuine link between them and vessels haven't set up proper personal and structural organizations in charge of maritime safety and marine environment protection. From this background, IMO Resolution A.946(23) on the voluntary IMO Member-state Audit Scheme was adopted at the 23rd Assembly in Nov. 2003 and the Scheme is expected to be executed compulsorily in 2015 through the adoption of the IMO Resolution A.1018(26) in Nov. 2009. Accordingly, this study examined outline of the IMO Member-state Audit Scheme and the Code for the Implementation of Mandatory IMO Instruments used for the audit standards of this scheme. In addition, this study reviewed the member-states' obligations and responsibilities according to the compulsory implementation of the member-state audit scheme in 2015. Based on this, this study suggested the enhancement measures for maritime education and training of maritime education institutions of the Republic of Korea to cope positively with compulsory implementation of the IMO Member-state Audit Scheme.

• Journal of the Korean Society of Marine Environment & Safety
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• v.7 no.3
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• pp.93-106
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• 2001

Whether a ship is sub-standard or not shall be finally decided by the minimum standards laid down in international conventions or national standards having the same effects. The flag State is primarily responsible for implementing these standards as far as its own ships are concerned. And the port State shall, in the exercise of its rights under international law, take appropriate measures (including detention of ships identified as sub-standard), which are regarded as port State's supplementary role aiming at implementing these standards. The international standards are implemented by the regional co-operation in the form of the MOU(Memorandum of Understanding) on Port State Control in the Asia-Pacific Region on the ground that the PSC enforcement of only one country does not enable the eradication of sub-standard ships. Recently, EQUASIS which is an international database covering the whole world fleet change the regionalism of PSC into the globalization of PSC. However, there are many problems in Tokyo MOV and Korean PSC regime. In order to ensure the implementation of the standards laid down in international conventions and Tokyo MOU, the Korean and other country in Asia-Pacific shall settle the alienation from the actuality of the law, namely the problem of maritime administrative structure of non unifying PSC affairs.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.5
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• pp.496-504
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• 2012

In the field of environmental protection, close co-operation between Contracting Parties is strongly required and the reporting obligation under MARPOL 73/78 is playing an important role as a part of international co-operation for the environmental protection. In this paper, I review the meaning of reporting obligation under MARPOL 73/78 from the perspective of the international law, and investigate the status of implementation for the reporting obligation. For this purpose, I analyze status of implementation for last 10 years from 2001 to 2010 regarding reporting obligations under MARPOL 73/78 in accordance with MEPC/Circ.318. Finally, I suggest the way forward to improve Contracting Parties' compliance with reporting obligations through this analysis.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.6
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• pp.717-725
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• 2018

IMO developed VIMSAS for effective application of IMO instruments related to maritime safety and environmental protection and was implemented from 2006 to 2016. Based on this, the purpose and procedures of VIMSAS applied to IMO member states by trial, and IMSAS was enforced from January 1st 2016. IMSAS was implemented to ensure that IMO Member States, such as flag states, coastal states and port states that ratified the IMO Convention, are properly performing their given responsibilities and to ensure the effective implementation of the IMO instruments through the improvement of identified non-conformities. In this study, the auditing contents and procedures were verified based on IMO documents in order to prepare for the IMSAS audit of Republic of Korea scheduled for 2020. For this purpose, this study proposed an update of a directory, development of monitoring system for information reporting required by IMO instruments, designation of relevant experts, preparation of an English version of related national laws, training of IMSAS auditors and establishment of an IMSAS audit response team for audit of IMSAS in 2020 by referring to the results of the VIMSAS for Republic of Korea, major findings of the VIMSAS of other IMO member states, and Consolidated Audit Summary Report (CASR), which was submitted at the 5th IMO III sub-committee.