PSC活動の法的根拠とその課題

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  • Legal Grounds for Activities by Port State Control and their Issues
  • PSC カツドウ ノ ホウテキ コンキョ ト ソノ カダイ

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説明

Port State Control, PSC activity might be the most effective method to find and improve Sub-Standard vessels in international shipping. Back ground for PSC had been opened by UN Convention on the law of the sea, port state jurisdiction provided. Current PSC has mainly been established on the above jurisdiction and composed with non-binding instrument named Memorandum of Understanding, MOU as soft law. On the other hand, Paris MOU which is one of MOUs has become the binding instrument by Directive in EU law. The current MOU systems have 2 kinds of instruments as binding and non-binding tools. However there may be some issues due to it's legal system. This paper will notice issues caused by 2 legal systems of MOU with survey of MOU origin, especially Paris MOU as illustration and will propose adequate measures, which shall be roles by MOU through merits of soft law and IMO, for improvements of the issues.

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