The Collision Avoidance Regulations as a Regulator of International Navigation Rights: Underlying Principles and their Adequacy for the Twenty-first Century

Abstract

The high seas freedom of navigation, and the lesser rights of transit, archipelagic sea lane and innocent passage applicable in straits used for international navigation, archipelagic sea lanes and the territorial sea respectively, have been said to embrace two notions: ‘one is the right to make progress over the surface of the sea, the other is the duty to make progress only in an orderly way, as to speed, steering, lights and so on – the manner of operation of the right’.

A sociological interpretation of the COLREGS

“…HEAD-ON SITUATIONS. The proposed resolution of the problems associated with the COLREGS revolves around removing the elements of indecision and confusion that lie within them (Syms, 1996 ;Plant, 1996 ;Cooper, 2001 ;Kemp, 2001). To undertake this, it has been stated that the rules should be made simpler, clearer and less open to interpretation (Cunqiang, 1996 ;Hinsch, 1996 ;Pike, 2001).…”

“…By 1864 the COLREGS had codified the major actions required to avoid collisions, and these founding principles are still recognisable today : giving way to starboard for crossing vessels, altering course to starboard for head-on situations, making the overtaking vessel the give-way vessel and making the stand-on vessel maintain its course and speed (Plant, 1996). Various changes to the COLREGS were agreed upon at maritime conferences over the following century, and these resulted in major rewriting in 1880, 1897, 1910, 1954 and 1960, which reflected the increasing number of ships and technological changes.…”

“…The proposed resolution of the problems associated with the COLREGS revolves around removing the elements of indecision and confusion that lie within them (Syms, 1996 ;Plant, 1996 ;Cooper, 2001 ;Kemp, 2001). HEAD-ON SITUATIONS.…”