Protection for Seafarers in International Shipping- Implementation by UNCLOS and Issues -

Abstract

Ocean-going seafarers engage in their seaman's duties in coastal areas or internal waters of other countries. Criminal or administrative law in domestic law of coastal state may be frequently applied to seafarers when they are suspected by coastal state authorities to cause illegal acts, such as marine accident or environmental pollution at sea due to malfunction of ship or navigational equipment even if it is caused by seafarers' negligence, not intent. And it is not rare case that unfair detention or excess punishment might be imposed on them suspected and they are confined in prison of coastal state. Art.292 “Prompt release of vessels and crew” has been enacted in United Nations Convention on the Law of the Sea, UNCLOS, so that this article shall be said as the protection for seafarers from executions by coastal state according to it's sovereign light. On this paper, the author will examine evaluations and issues of the said article. Firstly, I check the substance rules, art.73 and 220 for art.292 in UNCLOS through their legislated process and the contents. Secondly, case laws by International Tribunal for the Law of the Sea, ITLOS will be analyzed as the role of interpretation and effective use of the article. And finally, author wants to find out some issues and causes to make up the prescribed limits of the article.