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http://dx.doi.org/10.7837/kosomes.2020.26.2.156

Legal Status of Government Ships Operated for Non-Commercial Purpose in International Law of the Sea - Forcusing on Training Ship of National University  

Lim, Jee-Hyung (Institute of World Ocean Development, Korea Maritime and Ocean University)
Lee, Yong-Hee (Department of Maritime Law, Korea Maritime and Ocean University)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.26, no.2, 2020 , pp. 156-162 More about this Journal
Abstract
Since the early 20th century, there have been reviews and legislations regarding the legal status of the Government ships operated for non-commercial purposes. In particular, as criticized in the absolute theory of immunity in conventional international law, the sovereign immunity theory has become more vital as a restrictive theory for immunity. As per the customary international law and international law of the sea, non-commercial government vessels, including warships, are provided with sovereign immunity on the sea. National universities of Korea have built and operated training ships and survey ships for educational purposes, such as training high-grade mariners and fishing practices. These training ships sail not only on the national maritime jurisdictions but also on the maritime jurisdictions of other States and the high sea. Therefore, clarifying the legal status of national university training ships is one of the important factors in international navigation according to international law. However, it is not easy to answer the question of the legal status of the training ship. Hence, this article analyzes the parameters that define the Government ship operated for non-commercial purposes and examines whether national university training ships are in line with the relevant criterion. Furthermore, the article analyzes the scope of sovereign immunity in conventional international law and international conventions and identifies the scope of sovereign immunity enjoyed by the national university training ships according to international law.
Keywords
Government ship operated for non-commercial purpose; Training ship; International law of the sea; Sovereign immunity; Jurisdiction;
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