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Study on amendment of Korea Marine Environment Management Law against the HNS Convention enters into force

  • DONG-A LAW REVIEW
  • 2015, (69), pp.77-109
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Ji Sang Gyu 1

1한국해양대학교

Accredited

ABSTRACT

Marine accident, especially the hazardous and noxious substances (hereinafter referred to as “HNS Cargo”) which caused by the ship accident may have a huge destruction to the environment, the recovery of the destruction is hard and the expense is costly. In the meanwhile, as the area of the marine pollution is not limited, it will also caused seriously pollution to the surrounding countries, which is a enormous damage. The accident caused by the HNS Cargo is not also have a bad influence on the ship and the harbor, but also caused the deadly injuries to the human beings through the seriously explosion, fire hazard and the reactions caused by the chemical substances and sea water. In order to be answerable to the yearly increasing accidents caused by the HNS Cargo, the IMO legislated the international treaties concerning the HNS. The international treaties mainly included The International Convention on Liability and Compensation for Damage in Connection with Carriage of Hazardous and Noxious Substances by Sea (HNS convention) and its 2000 Protocol. For the prevention and the cure of the marine pollution, Korea had formulated the Marine Environment Management Law which went into effect from January, 2008, this law ruled the measures to the marine pollution. However, this law mainly focus on the prevention and the cure of the oil spill, there are no effective measures to the accidents caused by the HNS Cargo. Moreover, the 2010 HNS Protocol had revised the 1996 HNS Convention to expand the definition of the HNS Cargo, and to bring in the compulsory insurance system for the salvation of the aggrieved person. To adapt this world trend and prepare when HNS convention comes into force, the Korean Marine Environment Management Law need to be revised. This paper mainly researched on the necessity of this revise. This paper introduced the international conventions related with the marine pollution and research the mainly contents of the 2010 Protocol. And also, I would like to propose the suggestions to the amendment of the Marine Environment Management Law.

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