关于“不应妨碍”新条款若干问题的探讨

An Analytic Study of The New Rule “Not to Impede the Passage of Another Vessel”

本文着重就《1972年国际海上避碰规则》(1987年修订案)第八条6款有关“不应妨碍”的三项规定进行了分析;并对何为“妨碍”、何为“不应妨碍”、一船应如何采取行动才有可能被认为业已符合“不应妨碍”的要求以及“不应妨碍”与“让路”的区别、“不应妨碍”新条款与规则其他有关条款之间的关系进行了剖析,并提出本人的一些观点。

This paper makes an analytic study of the three rules regarding the meaning of“Not to Impede the Passage of Another Vessel”contained in Rule 6,Article 8 of the International Regulation for Preventing Collision at Sea,1972(as Revised 1987). It presents some analyses and personal comments on such phrases as “to Impede the Passage of Another Vessel” and “not to Impede the Passage of Another Vessel”,and on what kind of action one vessel should take and then she could be regarded to have met the requirements of “not to Impede the Passage of Another Vessel”.Comments have also been made on the difference between “not to Impede the Passage of Another Vessel” and “to give way to another vessel”,as well as the relation between the New Rule “Not to Impede the Passage of Another Vessel” and some other relative rules of the International Regulation for Preventing Collision At Sea,1972.