浅议海上责任保险第三人直接请求权的行使条件     

郑文姣 《广东海洋大学学报》2009,29(2)

随着海上责任保险第三人权利保护的问题受到人们的日益重视,各国普遍赋予了海上责任保险第三人对保险人的直接请求权,但各国立法基本上未考虑到强制海上责任保险的特殊性,从而没有明确区分自愿海上责任保险中第三人直接请求权与强制海上责任保险中第三人直接请求权不同的权利属性,因而只笼统地对海上责任保险第三人行使直接请求权的条件做出概括性规定,这无法真正实现强制海上责任保险充分维护第三人利益与社会公共利益的立法价值。针对这一立法缺陷,提出应在明确自愿海上责任保险中的第三人直接请求权与强制海上责任保险中的第三人直接请求权具有不同权利属性的前提下,针对这两种不同的海上责任保险规定第三人不同的权利行使条件。  相似文献   

Influence of marine phytoplankton, transition metals and sunlight on the species distribution of chromium in surface seawater     

Shun-Xing Li  Feng-Ying Zheng  Hua-Sheng Hong  Nan-sheng Deng  Lu-Xiu Lin 《Marine environmental research》2009,67(4-5):199-206

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Are flawed MPAs any good or just a new way of making old mistakes?     

Le Quesne  Will J. F. 《ICES Journal of Marine Science》2009,66(1):132-136

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A finite differences formulation for the linear and nonlinear dynamics of 2D catenary risers   总被引：1，自引：0，他引：1  

Ioannis K. Chatjigeorgiou   《Ocean Engineering》2008,35(7):616-636

A finite differences (FD) solution method is proposed for the numerical treatment of the dynamic equilibrium problem of 2D catenary risers. The method is based on the so-called Box approximation, which in the scope of the present contribution is applied to the complete nonlinear model as well as to the reduced linearized formulation. The application of the Box method transforms the original governing systems into convenient sets of algebraic equations, which in turn are solved efficiently by the relaxation method. Extensive numerical calculations are presented that describe the dynamic behaviour of the structure and evaluate the amplification in loading due to the dynamic components. The effect of the geometric nonlinearities is assessed through comparative calculations that concern both mathematical formulations examined in the present, i.e. the complete nonlinear, and the reduced linearized model. Special attention is paid to the heave excitations as they amplify significantly the magnitudes of the loading components.  相似文献   

Habitat continuity effects on gradients of fish biomass across marine protected area boundaries     

Forcada A  Bayle-Sempere JT  Valle C  Sánchez-Jerez P 《Marine environmental research》2008,66(5):536-547

Marine protected areas (MPAs) could be useful as fisheries management tools for the exportation of pelagic eggs, larvae and adult fish. A decreasing gradient of fish biomass across MPAs boundary may indicate export. We determine whether gradients of decreasing biomass of fish assemblage occurred in Tabarca Marine Reserve over two habitats with different continuity across the boundaries, to test if the patchy nature of the marine environment might act as a barrier for the fish export. In general, significant decreasing gradients in total fish biomass and biomass of some species were observed on P. oceanica and rocky substrates, independently of their different continuity through the reserve boundaries. Changes in the multivariate structure of the fish assemblage were correlated with the distance from integral reserve. All of these results support the hypothesis that the exportation of adult fish from Tabarca Marine Reserve occurs, and this process may influence the surrounding fished areas.  相似文献   

Fishing industry and related perspectives on the issues raised by no-take marine protected area proposals   总被引：2，自引：2，他引：0  

P.J.S. Jones   《Marine Policy》2008,32(4):749-758

In the face of growing calls for no-take marine protected areas (NTMPAs), the views of fishing industry representatives in south-west (SW) England on related issues are analysed. Only 23% thought NTMPAs were the way forward and a range of concerns were expressed, e.g. that the ‘terrestrial’ protected areas approach and related biodiversity conservation objectives will be extended to the seas, and that fish yield reductions from the loss of access to NTMPAs are very unlikely to be compensated for through spillover/export. Some interesting approaches to ameliorating these concerns emerged, such as being open and honest that NTMPAs are primarily intended to achieve biodiversity conservation benefits, reducing uncertainty concerning the potential for any secondary fisheries spillover/export benefits, justifying NTMPAs on an objective, rational basis rather than on a subjective, precautionary basis, and the quid pro quo streamlining of wider fisheries management approaches. This research reveals a more diverse range of perspectives amongst fishing industry representatives on the issues raised by NTMPA proposals than is often assumed.  相似文献   

Marine spatial planning from the perspective of a small seaside community in Ireland   总被引：3，自引：2，他引：1  

Wesley Flannery  Michel Cinnide 《Marine Policy》2008,32(6):980-987

Marine spatial planning (MSP) is advocated as a means of managing human uses of the sea in a manner that is consistent with the maintenance of the ecological goods and services of the marine environment. Support for the process is evident at international and national levels but the degree to which it is acceptable to local level stakeholders is not clear. An Daingean (formely Dingle) is a small sea-oriented town situated on the southwest coast of Ireland in which marine-based tourism and other relatively new uses of the sea are pursued along side traditional fishing activities. Stakeholders in An Daingean are found to be positively disposed to a local process of MSP that incorporates meaningful local involvement.  相似文献   

A review of the ocean science and technology partnership between US and Korea     

Dong-Oh Cho  Mary Anne Whitcomb 《Marine Policy》2008

In 2001, the National Oceanic and Atmospheric Administration (NOAA) and the Ministry of Maritime Affairs and Fisheries Integrated Coastal and Ocean Resources Scientific and Technical Arrangement was signed to pursue scientific and technical cooperation in integrated coastal and ocean resources management in the mutual interest of the participants. Over the last 6 years, the cooperation has been very beneficial, particularly for advancing marine science and management programs in Korea, such as Deep Sea Aquaculture, Sea Grant College Program, Marine Protected Areas, and Ocean Observations. The benefits to NOAA from the cooperation include Deep-ocean Assessment and Reporting of Tsunamis (DART) buoys, ocean and coastal observations, GEOSS program, and Global Program of Action. Also the cooperation has spillover effects on other ocean science and technological arrangement between US and Korea. This article reviews purpose, obstacles, and achievement of the cooperation and suggests recommendations for the future steps.  相似文献   

The Marine Planning Framework for South Australia: A new ecosystem-based zoning policy for marine management     

Val Day  Rosemary PaxinosJon Emmett  Alison WrightMeg Goecker 《Marine Policy》2008

The Marine Planning Framework for South Australia is a new large-scale, ecosystem-based zoning policy for management of development and use in the marine environment. Utilising the Geographic Information System (GIS), the model establishes four ecologically rated zones, derived from known ecological criteria. A series of goals, objectives and strategies represent the desired outcomes for each of the ecologically rated zones. A Performance Assessment System (PAS) will subsequently evaluate the success of the marine plans. Implementation will be supported by a collaborative whole-of-government approach. Marine plans will facilitate the delivery of long-term protection to the marine environment as a whole ecosystem, whilst enabling a broad range of activities to occur in a sustainable manner.  相似文献   

The international legal framework for marine spatial planning   总被引：2，自引：1，他引：1  

Frank Maes   《Marine Policy》2008,32(5):797

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