유엔해양법협약 제218조상 권한 있는 국제기구 또는 일반외교회의를 통하여 확립된 적용 가능한 국제규칙 및 기준의 실정법적 논거

This study dealt on the positive principles and foundation of applicable international rules and standards established through the competent international organization or general diplomatic conference under UNCLOS' Article 218, In particularly, From the perspective of the Taking Relevant Rules of International Law into account in violation High Sea pollution from Vessels by a port or coastal State. When a vessel is voluntarily within a port or at off shore terminal of a State, a port or coastal State may take relevant rules of international law into account in violation High Sea pollution from Vessels according to Article 218 of the 1982 UNCLOS. And that State may undertake investigate and, where the evidence so warrants, institute proceedings in respect of any discharge from that vessel outside the internal waters, territorial sea or exclusive economic zone of that State in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference. Therefore, in oder to prevent such a High Sea pollution from Vessels, these port state and coastal state shall take into account applicable international rules and standards established through the competent international organization, its IMO's MARPOL73/78 and Protocol included in Anex ⅠⅡⅢⅣⅤⅥ or general diplomatic conference. In addition, the Principle of Systemic Integration and Article 31(3)(c) of the Vienna Convention should be taken Relevant Rules of International Law into account on the Convention with obligations of a State towards the international community as a whole. Therefore, this article has been studying on the Taking Relevant Rules of International Law into account reduction from marine bunker fuels, the behave of hegemony States, not only developed countries but also developing countries' stipulated the parties, the methodology of interpretation under the Article 218 of the 1982UNCLOS. In conclusion, I have suggest that the compulsory measures the implementation in favour of effective the regulations should be stipulated with respect to the investigation and institution of proceedings in respect of any discharge from a vessel outside the maritime areas of coastal State in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference in the Clause of the IMO's MARPOL73/78 and Protocol included in Anex ⅠⅡⅢⅣⅤⅥ, etc.