МЕТОДОЛОГІЇ ТА ПІДХОДИ ДО РОЗСЛІДУВАННЯ АВАРІЙ ТА ІНЦИДЕНТІВ НА МОРІ

Abstract

High-priority question now is to provide a common approach for States to adopt in the conduct of marine safety investigations into marine casualties and marine incidents. Marine safety investigations do not seek to apportion blame or determine liability. Instead a marine safety investigation is an investigation conducted with the objective of preventing marine casualties and marine incidents in the future. This aim will be achieved through States: - applying consistent methodology and approach, to enable and encourage a broad ranging investigation, where necessary, in the interests of uncovering the causal factors and other safety risks; - providing reports to the Organization to enable a wide dissemination of information to assist the international marine industry to address safety issues. A marine safety investigation should be separate from, and independent of, any other form of investigation. However, not precluding any other form of investigation, including investigations for action in civil, criminal and administrative proceedings. Further, a State or States conducting a marine safety investigation should not refrain from fully reporting on the causal factors of a marine casualty or marine incident because blame or liability, may be inferred from the findings. Each flag State has a duty to conduct an investigation into any casualty occurring to any of its ships, when it judges that such an investigation may assist in determining what changes in the present regulations may be desirable, or if such a casualty has produced a major deleterious effect upon the environment. A flag State shall cause an inquiry to be held, by or before a suitably qualified person or persons into certain marine casualties or marine incidents of navigation on the high seas. However, if a marine casualty or marine incident occurs within the territory, including the territorial sea, of a State, that State has a right to investigate the cause of any such marine casualty or marine incident which might pose a risk to life or to the environment, involve the coastal State’s search and rescue authorities, or otherwise affect the coastal State.