• Journal of Navigation and Port Research
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• v.37 no.5
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• pp.511-517
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• 2013

UNFCCC was adopted in 1992 in order to prevent global warming. However, as a lack of concrete reduction goal and implementation plan, UNFCCC could not have effectiveness. In 1997, Kyoto Protocol to UNFCCC was adopted and UNFCCC regime started practically binding on the parties. Global warming takes the leading role in changing marine environment such as the rising of water level and sea water temperature. Also, Ocean plays the vital role in storing carbon to prevent global warming. Meanwhile ships which get the propulsion generated by consuming the fossil fuel are identified as GHG source and the discussions regarding the control of GHG emitted from ships are still in progress in IMO. IMO instrument has some legal conflicts with UNFCCC in principle. Therefore, this paper reviews the present UNFCCC regime and UNCLOS. Also, it surveys activities of IMO and analyze the Amendment to MARPOL73/78 Annex VI which entered into force on January 1, 2013. Finally, conclusions suggest the improvements in order to ensure effectiveness the new Amendment to MARPOL73/78 practically.

• Journal of Navigation and Port Research
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• v.38 no.2
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• pp.141-146
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• 2014

NIR(New Inspection Regime, hereinafter NIR) relating to the PSC(Port State Contorl, hereinafter PSC) has implemented in Asia-Pacific region under Tokyo-MOU from last January 2014. The most noticable difference between NIR and existing TF(Target Factor, hereinafter TF) is to evaluate company performance and to conduct PSC with flexible inspection interval on the basis of Ship Risk Profile; High Risk Ship, Standard Risk Ship and Low Risk Ship. Particularly deficiencies related to ISM Code, more than 5 deficiencies and detention record have a serious effect on the evaluation of Ship Risk Profile. Therefore ship and company are requested to ensure proper implementation of Safety Management System for the changed PSC tendency. Also RO(Recognized Organization, hereinafter RO) and Administration respectively should take suitable actions different to previous measures, such as implementation of cooperation and support system between vessel and company, changing subject and object for avoiding Mannerism in SMS audit, strengthening supervision on RO by Administration and establishment of private-public Partnership network.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.334-345
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• 2022

The Enforcement Decree of the Framework Act on the Management of Disasters and Safety Article 3-2 specifies two 'disaster management supervision agencies' for responding to shipping disasters. These are the Korea Coast Guard, which is an on-scene disaster-responding and coordinating agency, and the Ministry of Ocean and Fisheries, which is a government department, thereby leading to possibilities for confusion. In the case of shipping disasters, where a personnel entitled full power to deal with shipping disasters is designated and his/her powers and duties are clearly made, relationship of leading and supporting agencies is made clear, and command system is simplified, an efficient response to shipping disasters is made possible. In the management of shipping disasters, all the disaster management processes, that is, prevention-preparedness-response-recovery, should be dealt with systematically and consistently. Notably, to swiftly and efficiently cope with a disastrous situation, the decision-making and command system must be simplified. The establishment of a command system and decision-making must be made independently, based on expertise. In the US, irrespective of the type of disasters, the FEMA plays a leading role and the USCG responds a response to maritime disasters by establishing the Incident Command System or Unified Command System that is an incident management system. In the UK, the MCA supervises an event and responds to it, and the SOSREP has full power to work with command and coordination independently. SOSREP, among others, is necessary to prevent an inefficient dealing of a shipping disaster owing to confrontation between participants. With reference to such leading States' practice, the Korean government should make a standardized and simplified response to maritime disasters. This study deals with a new maritime disaster responding system and provides an idea of the revision of the existing legal regime.