principle to the case, the Court applied the crossing situation rule to the case and
decided that the M/V Morning Express was in the status of a stand-on vessel.
6 Conclusion
Collision avoidance rules have international characteristics. Vessels from three
countries, namely, Korea, Japan and China frequently meet each other at sea in
and around Korean waters. There is therefore a need for all parties concerned to
familiarize themselves with the domestic collision avoidance rules of their neighboring countries. If there are any differences among the three countries’ domestic
collision rules, they will jeopardize the safe navigation of vessels. Therefore, every
effort should be expanded to unify the rules as best as possible.
Among the three countries mentioned above, Korea is the only one which
quantifies fault ratio in figures. The KMST’s guidelines will play a key role for
achieving uniformity in the legal systems to obtain fault ratios in collision cases.
Maritime law academics and practitioners from the three jurisdictions should look to
cooperate to come up with a set of uniform collision avoidance rules for domestic
law usage including apportionment rules for a rational collision liability regime in
the East Asian sub-region.
References
Allen CH (2005) Farwell’s rules of the nautical road. Nautical Institute Press
Famsworth, Young (1996) Nautical rules of the road. Cornell Maritime Press
Healy NJ, Sweeny JC (1997) The law of marine collision. Cornell Maritime Press
Kim IH (2018) Korean marine traffic law. Samwoo Publishing Co.
M/V Chingdao Express case
M/V Ocean Trader Collision case (Central KMST Docket No. 2001-19), Korean Marine Safety
Tribunal Decision Report (2002), p 210
M/V Taeyoung Sun collision case, the KMST also rendered the decision the same as the Korean
Supreme Court (Central MST 2000.5.10. Docket No. 2000-3)
Ogawa (2002) Cases of Japanese Marine Accident Decision Tribunal and Explanation. Sheisando
The Devotion II [1979] 1 Lloyd’s reports, 509
The Tugboat Hyundai No. 108 case. Korean Marine Safety Tribunal Decision Report (1999)
388
I. H. Kim
decided that the M/V Morning Express was in the status of a stand-on vessel.
6 Conclusion
Collision avoidance rules have international characteristics. Vessels from three
countries, namely, Korea, Japan and China frequently meet each other at sea in
and around Korean waters. There is therefore a need for all parties concerned to
familiarize themselves with the domestic collision avoidance rules of their neighboring countries. If there are any differences among the three countries’ domestic
collision rules, they will jeopardize the safe navigation of vessels. Therefore, every
effort should be expanded to unify the rules as best as possible.
Among the three countries mentioned above, Korea is the only one which
quantifies fault ratio in figures. The KMST’s guidelines will play a key role for
achieving uniformity in the legal systems to obtain fault ratios in collision cases.
Maritime law academics and practitioners from the three jurisdictions should look to
cooperate to come up with a set of uniform collision avoidance rules for domestic
law usage including apportionment rules for a rational collision liability regime in
the East Asian sub-region.
References
Allen CH (2005) Farwell’s rules of the nautical road. Nautical Institute Press
Famsworth, Young (1996) Nautical rules of the road. Cornell Maritime Press
Healy NJ, Sweeny JC (1997) The law of marine collision. Cornell Maritime Press
Kim IH (2018) Korean marine traffic law. Samwoo Publishing Co.
M/V Chingdao Express case
M/V Ocean Trader Collision case (Central KMST Docket No. 2001-19), Korean Marine Safety
Tribunal Decision Report (2002), p 210
M/V Taeyoung Sun collision case, the KMST also rendered the decision the same as the Korean
Supreme Court (Central MST 2000.5.10. Docket No. 2000-3)
Ogawa (2002) Cases of Japanese Marine Accident Decision Tribunal and Explanation. Sheisando
The Devotion II [1979] 1 Lloyd’s reports, 509
The Tugboat Hyundai No. 108 case. Korean Marine Safety Tribunal Decision Report (1999)
388
I. H. Kim