The Journal of Japan Institute of Navigation
Online ISSN : 2187-3275
Print ISSN : 0388-7405
ISSN-L : 0388-7405
A Study on Act on Preventing Collision at Sea Article 17(2)
Saeko FUJIWARA(MORITA)Shoji FUJIMOTOTsukasa KONISHIMasaki FUCHI
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JOURNAL FREE ACCESS

2017 Volume 137 Pages 15-26

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Abstract

Rule17(a)(ii) was introduced by a legal revision in the 1972 COLREGs. The 1960 COLREGs required the stand-on vessel to keep her course and speed until compulsory action was required by the stand-on vessel.

In the 1972 COLREGs, the stand-on vessel could act at an earlier stage under Rule17(a)(ii); if the stand-on vessel was freed from strict obligation, she could take action in order to avoid immediate danger. As Rule17(a)(ii) is permissive, however, the new Rule17 still does not inform the OOW at which moment his right is replaced by an obligation to act.

This paper examined the judgement of marine accident inquiry to which Article17(2) was applied, and also pointed out the problems of COLREGs Rule17(a)(ii) via interpretation of the law.

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この記事はクリエイティブ・コモンズ [表示 - 非営利 - 改変禁止 4.0 国際]ライセンスの下に提供されています。
https://creativecommons.org/licenses/by-nc-nd/4.0/deed.ja
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