海上衝突予防法第17条第2項についての一考察

抄録

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.