민간 구조 선박에 대한 항만국 통제 - Sea Watch 사건을 중심으로 -

International Convention on Search and Rescue (SAR) and other international regulations do not establish specific requirements for vessels engaged in search and rescue activities at sea. In the absence of provisions in the international legal framework of classification and safety requirements for private rescue vessels engaged in the rescue of migrants in distress in the Mediterranean Sea, it is necessary to rely on the rescue regimes set out in the UN Convention on the Law of the Sea, the SOLAS Convention and the SAR Convention. The EU considers it a matter of public policy to ensure that civilian rescue vessels operated by NGO for the purpose of search and rescue activities are registered and equipped to meet the safety and health requirements associated with SAR activities. Italian port authorities have applied the provisions of Directive 2009/16/EC on Port State Control to inspect and detain rescue vessels of NGOs engaged search and rescue in the Mediterranean sea. The Sea Watch case is a prime example. However, it is questionable whether the application of port state control to civilian rescue vessels is justified. Provisions of national legislation stipulating certain safety requirements for the rescue of persons in distress cannot limit the obligation of a ship master under international law to assist persons in distress at sea. The port state would have to comply with the scope of its authority, respecting the certifications and classification schemes granted by the flag state, and would also have to respect the rescue obligation of the master of civilian rescue vessel to assist persons in distress at sea for safety reasons.