ドーバー海峡における通航分離方式の法的地位

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  • The Legal Status of the Traffic Separation Scheme in the Straits of Dover
  • ドーバー カイキョウ ニ オケル ツウコウ ブンリ ホウシキ ノ ホウテキ チ

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It was the entry into force, on 15 June 1977, of the Convention of London of 1972 on the international regulation for collision prevention on the sea that made obligatory the Traffic Separation Schemes which had been only recommended routes before that date. Occasional overlooking of that fact leads to somewhat confusing argument about mandatory nature of the rules on the TSS. We are apt to forget that a law never loses mandatory force even when offenders are not prosecuted because either of a special limit of the law concerned or of a lack of jurisdiction. After considering domestic laws, descisions of some national courts and national practices mainly on the Straits of Dover, the ways to promote judicial cooperation in implementing the Convention are sought by the authors. One possible measure is suggested to be constructive inclusion of infringement of the TSS into the concept of the [abstractive] danger to navigation. But as is pointed out, it may be desirable to introduce legislation specifically against contravention of the TSS which is not covered by the Japanese Criminal Code dealing whith punishable extra-territorial crimes in order to incriminate Japanese seamen aboard foreign vessels in the foreign territorial sea for that kind of contravention.

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