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1.
《Marine Policy》2017
Seafarers make a critical contribution to civil society, but seafarers’ health has received comparatively little attention in the maritime world. China has the largest population of seafarers, and Chinese seafarers are working on board merchant ships flying different flags. The Maritime Labour Convention, 2006 entered into force in China in November 2016, and it has already generated significant impact in terms of policy, legislation and maritime practice. However, while seafarers’ treatment has been improved significantly in many countries, in particular in developed countries, Chinese seafarers are still facing some challenges relating to health issues, such as long working hours, insufficient nutrition, lack of recreation and poor mental health. Based on existing knowledge and scholarship available in the public domain, together with primary data collected in several phases of fieldwork, this paper critically examines a number of major issues relating to maritime health of Chinese seafarers. 相似文献
2.
《Marine Policy》1999,23(2):131-145
The regime of innocent passage was developed to accommodate conflicting State interests in the territorial sea. Security and, more recently, environmental interests of coastal States, are opposed to the interests of maritime States in minimizing interference with navigation. This article discusses the regime of innocent passage in international law through the analysis of relevant treaty rules, including recent developments at IMO, and state practice. Specific attention is given to passage by warships and to coastal state jurisdiction over pollution by vessels in general and over ships carrying hazardous cargoes in particular. 相似文献
3.
On 4 August 1995, the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks adopted an Agreement for the conservation and management of straddling and highly migratory fish stocks. The mandate given by the General Assembly required that the results of the Conference be fully consistent with the UN Law of the Sea Convention. The purpose of this article is to examine the significance of the agreement for the law of the sea as embodied in the Convention. It shows that the agreement constitutes an important contribution to the Convention in that it facilitates the implementation of the Convention's provisions, strengthens the Convention's regime, and further develops general or framework rules of the Convention. The most significant contribution lies in the development of the law with respect to such issues as the precautionary approach to fisheries, compatibility of conservation and management measures adopted for areas under national jurisdiction and those for the adjacent high seas areas, the role of regional organizations or arrangements, duties of the flag State, enforcement against foreign vessels on the high seas, and port State jurisdiction. 相似文献
4.
《Marine Policy》2017
The increased maritime accidents attributable to communication barriers have raised great concern about international shipping safety. The requirement for effective communication has been contained in the compulsory part of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers in 2010. However, many Chinese seafarers still experience difficulty in communicating with foreign seafarers at sea even though they passed the English exams required for a Certificate of Competency. Literature argues that the outcomes of maritime English education are not satisfactory. However, this claim is too general and has not been substantiated with empirical evidence. Using a mix of qualitative and quantitative methods, this paper reveals that English communicative incompetence of Chinese seafarers was attributable to the maritime English examinations system, teaching materials, teaching methods and teachers and students themselves. Recommendations were made to improve maritime cadets’ English communicative competence. 相似文献
5.
《Marine Policy》2015
Rapid advances in attaching miniaturized electronic devices to marine animals for the purpose of learning more about their behavior and interaction with the marine environment, known as bio-logging, raise important and unsettled questions under the international law of the sea. Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS) provides coastal states with the right to regulate and authorize marine scientific research in offshore areas under their sovereignty and jurisdiction. In their recent article published in this journal, James Kraska, Guillermo Ortuño, and David W. Johnston, assert that although bio-logging is a form of marine scientific research, Part XIII of UNCLOS does not apply to tagged animals that collect scientific information within a coastal state’s 200 mile exclusive economic zone, territorial sea, or internal waters. This commentary rejects Kraska et al.'s interpretation and provides evidence to support the claim that coastal state consent under Part XIII of UNCLOS may, under some circumstances, apply to bio-logging. In light of the immense scientific contributions that bio-logging research provide to global marine conservation efforts and the possible burdens that may be imposed on researchers if coastal states begin to assert their rights under UNCLOS, it is important that the international community engage in a robust and candid discussion of the issue and develop a consensus-based approach on how best to move forward. 相似文献
6.
《Marine Policy》2001,25(1):61-69
Opportunities may arise to arrest a ship in maritime zones beyond internal waters, e.g. in the territorial sea and the exclusive economic zone (EEZ). This paper examines the possibilities for arrest in those areas on the basis of jurisdiction ratione loci and ratione materiae. Under Belgian law the territorial sea is not part of the State's territory; accordingly, the Belgian Judicial Code does not provide for an attachment judge nor a bailiff to have jurisdiction in this area and a fortiori in the EEZ. The law of April 22, 1999 solved the problem of territorial jurisdiction in this respect. As far as a ship's arrest in the EEZ is concerned, it is not clear whether the United Nations Law of the Sea Convention (articles 73 and 220) combined with the requirement of a maritime claim, allows for an arrest at all. 相似文献
7.
《Marine Policy》2017
On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future. 相似文献
8.
《Marine Policy》2014
Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended. 相似文献
9.
《Marine Policy》2017
This paper is concerned with the implementation and realisation of a Worldwide Electronic Navigational Charts Database (WEND), adopted by the International Hydrographic Organization (IHO) and its members in supporting marine navigation. It identifies the issue of gaps and overlaps between adjoining Electronic Navigational Charts (ENCs) and explores its consequences to the operation of Electronic Chart Display and Information Systems (ECDIS) and the fulfilment of International Maritime Organization (IMO) chart carriage requirements. As the ENCs production is directly dependent on states’ cartographic competences, this paper delves into the coastal states’ jurisdiction in accordance with international law of the sea, and in particular the United Nations Convention on the Law of the Sea, and ΙΗΟ and IMO instruments. Through a case study on recently produced ENCs in the Mediterranean and more specifically in the Aegean Sea, this paper documents the necessity to respect states’ cartographic competences in realising the WEND concept and cautions that, otherwise, new and extended overlaps emerge, which pose a risk to the safety of navigation, and, at the same time, become means through which states may promote their geopolitical aspirations as to jurisdiction over certain marine areas. 相似文献
10.
保护地球生物资源的国际性公约——《生物多样性公约》对遗传资源作出指引性的规定。海洋遗传资源作为其中的一类,可以存在于国家管辖范围外水体及海床、底土。处于不同空间位置的海洋遗传资源如果适用不同的法律制度,需要明确水体、海床与底土界线划分。从《联合国海洋法公约》、《生物多样性公约》、《名古屋议定书》和《波恩准则》关于海洋遗传资源的规定来看,现行国际法框架下针对此问题可以有多种方案,且部分规定存在非适用性的问题。面对未来,需要从海洋遗传资源界定、惠益分享方式等方面设计具体制度,确保国家管辖范围外海洋遗传资源为全人类共享。 相似文献
11.
《Marine Policy》2017
The Panama Ship Registry has its origins in the year 1917. Nowadays, Panama has the largest vessel registry in the world. The second placed registry in the world ranking is Liberia, which does not have even half the number of Panamanian ships. In this Centennial, the aim of this paper is to analyse the evolution of the Panamanian Registry, the structure of the Panamanian-flagged fleet and the level of compliance with international standards in relation to maritime safety and working conditions. To undertake the analysis, two different qualitative and quantitative approaches are compared and integrated for the evaluation of the Panama Ship Registry: the degree of ratification and enforcement of the Conventions and Recommendations of the International Maritime Organization and International Labour Organization, and the results of Panamanian flagged vessels in inspections carried out within the major Port State Control Memoranda of Understanding. This paper fills a research gap by discussing an approach to the concept of flag of convenience and flag State, Panama is more an international registry, whose role is becoming less important from the points of view of safety or working conditions. The fleet performance evolution has been very positive as evidenced by the data presented in this article regarding Port State Control. 相似文献
12.
《Marine Policy》2017
In the past two decades, the seafarer workforce in China has been growing at a much faster pace than that of the Chinese merchant fleet, resulting in an oversupply of seafarers in the domestic market. As one of the major seafarer suppliers in the world, China still faces great challenges to assign Chinese seafarers to the international maritime labour market. Although literature claims that a lack of English communication ability of Chinese seafarers is one of the main barriers for them to compete with seafarers of other nationalities for job opportunities, there is little empirical research to substantiate such claim. To fill this gap, this paper aims to investigate: 1) employers’ views on the current level of Chinese seafarers’ communicative competence; and 2) to what extent their communicative competence correlates with their employability in the international maritime labour market. To achieve the research objectives, a questionnaire survey relating to factors affecting the employability of Chinese seafarers on foreign ships was conducted. Interviews were carried out with employers who had been recruiting seafarers in China. The findings show that English communicative competence is among the top determinants for seafarers to be employed on foreign ships. Most employers believe that there has been a declining trend in the communicative competence of Chinese seafarers over the last decade. Employers interviewed agree that a high priority should be placed on the improvement of quality of maritime English teachers. 相似文献
13.
《Marine Policy》2017
This article examines technical aspects of the maritime boundary dispute between Bangladesh and Myanmar (the ‘Bay of Bengal case’). This dispute was the first maritime delimitation determined by the International Tribunal for the Law of the Sea (ITLOS). The 2012 decision was also the first time that a maritime boundary for the seabed and subsoil of the Exclusive Economic Zone (EEZ) and the extended continental shelf (ECS) was determined by international adjudication. This was also therefore the first time that detailed technical quantification of seabed areas within the EEZ and ECS was needed for achieving an equitable division of these maritime zones in an international forum. Following review of the principles of maritime delimitation on which the ITLOS reached its determination, this article analyzes the legal status and delimitation effect of St. Martin's Island. Concerning the question of whether the legal regimes of the EEZ and continental shelf should be treated differently in a single delimitation line, although the ITLOS determined that the legal regimes should not be distinguished in the present case, a different approach is proposed for future cases. The article identifies how quantitative modelling can be used to achieve an equitable boundary and proposes a model to adjust provisional equidistance lines in accordance with the complex geophysical rules prescribed for the outer limits of the ECS in Article 76 of the United Nations Law of the Sea Convention (LOSC). 相似文献
14.
孟加拉湾划界案是国际海洋法法庭审理的第一起海洋划界案。法庭对盂加拉国与缅甸的领海、专属经济区及大陆架的划界纠纷进行了裁决。分析研究了该案中法庭对这种大陆架案件的管辖权、当事国双方对这一区域的权利主张以及法庭划界采用的法律与划界的方法(等距离/相关情况方法)。 相似文献
15.
Numerous undersea observatories using cables or buoys are being planned and implemented by scientists and engineers. These projects are being planned with service lives measured in decades. The geographic reach of these systems extends beyond national waters and well into the high seas. Procurement and maintenance of these systems must be cost effective if they are to realize their scientific goals. This objective can be enhanced if the scientists and engineers designing, building, and operating these systems do so with awareness of the responsibilities, liabilities, and advantages accorded marine scientific research under international and maritime law. Generally, these subjects are addressed in the United Nations Law of the Sea Convention 1982 (UNCLOS), as it is supplemented by appropriate national law. This paper provides a basic overview of applicable international law. For purposes of showing the relationship between UNCLOS with national law, U.S. law is utilized, although many nations have similar approaches in their domestic law. In planning an undersea observatory system, a complete and timely analysis of the national law of jurisdictions with a factual nexus to the system is recommended at the earliest stages. 相似文献
16.
《Marine Policy》2005,29(3):265-280
Recent developments in the South China Sea (SCS) and the actions expected to be taken by China and member states of ASEAN in accordance with the Declaration on the Conduct of Parties in the SCS have the potential to further marginalize Taiwan's role in any serious discussion on SCS issues and then deprive Taiwan of its legitimate rights and interest in the area. These developments will also force Taiwan to respond by taking more active actions for the sole purpose of safeguarding its sovereignty and maritime jurisdiction in the SCS. This article discusses a number of possible confidence-building measures that could be considered for adoption by China to help engage Taiwan in the regional security dialogue process and enable Taiwan to participate in the planned joint co-operative activities in the SCS. The co-operative actions taken in the SCS area could enhance mutual trust between the two sides of the Taiwan Strait. 相似文献
17.
In 2007 the EU Commission published the so-called “Blue Book” aimed at developing an Integrated Maritime Policy for the Union. Even though Norway is not an EU member and is usually referred to as a small state, this article shows how the Norwegian government was able to exercise significant influence on EU maritime policy development, positioning itself as one of the key actors. Applying the negotiation theory and tracing the process as it unfolded, this analysis identifies causal relationships leading to increased influence for Norwegian actors—particularly in respect to how issues concerning the Arctic became an integrated part of the policy. The paper concludes that even though the Norwegian actors had a strategic point of departure, utilizing objective advantages to maximize their own utility, their influence may also have been due to competence and sharing of knowledge. The article relies on official documents, but is to a large extent also based on interviews with key EU Commission and Norwegian governmental representatives. On an elevated, substantive analytical level the article contributes to the “small state” research agenda and its interest in how small states in international relations might influence policy outcomes and thrive in the international community. 相似文献
18.
George Galdorisi 《Ocean & Coastal Management》1994,25(3)
The 1982 United Nations Convention on the Law of the Sea prescribed extensive rules of behavior for the international community in the oceanic regime. Some of the most important provisions of the Convention are those regarding the freedom of navigation and overflight in various maritime zones, i.e. territorial seas, international straits, archipelagos, exclusive economic zones and the high seas.While most coastal nations are complying with the navigation and overflight provisos of the Convention, some are not. Where excessive maritime claims exist, the US has evolved an ambitious Freedom of Navigation (FON) Program which challenges these excessive claims. This Program was initiated under the Carter Administration in 1979 and has continued, unabated, ever since.As the international community prepares for the day when the 1982 Convention becomes universally-recognized international law, there are likely to be periodic excessive maritime claims. In cases where the Convention's dispute settlement provisos fail to resolve excessive claims, the community of nations may find it useful to use the US FON Program as an example for the enforcement of maritime rules. 相似文献
19.
The international legal framework for marine spatial planning 总被引：2，自引：1，他引：1
Increasing demand for ocean resources, both living and non-living, have already lead to loss of biodiversity, habitat depletion and irreversible damage to the marine environment. Furthermore, introduction of new kinds of sea uses, spatial extension of ongoing sea uses and the need to better protect and conserve the marine biological diversity will result in increasing conflicts among the various users, as well as between the users and the environment. Marine spatial planning as a process to allocate space for specific uses can help to avoid user conflicts, to improve the management of marine spatial claims, and to sustain an ecosystem-based management of ocean and seas. This article explores the rights and duties towards exploitation and protection of the marine environment under the jurisdiction of coastal states as reflected in two important global conventions, the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity. Both Conventions provide the main legal framework for marine spatial planning that have to be taken into account in planning at the regional and national level. 相似文献
20.
为解决无人船适用海商法存在的问题,促进我国无人船海上运输产业的健康可持续发展,文章从法理的角度阐释国际海事委员会无人船调查问卷中无人船的法律地位、船长和船员的认定以及无人船的碰撞责任,提出无人船适用海商法存在不确定性风险;在海商法领域,无人船的法律地位认定、船长和船员的识别以及船舶碰撞责任的适用仍存在问题,解决上述问题的有效路径是明确无人船的法律地位、将岸基控制人员识别为船员、采用过错责任原则认定无人船的碰撞责任以及合理分配船东与生产者之间的碰撞责任,以合理规避无人船的风险。 相似文献