A Sociological Approach to Maritime Studies: A Statement and Example

This paper is an attempt to illustrate the stance of the Soviet Union in the law of the sea debate in the light of Soviet ocean activities. The paper has two sections. First, it examines the range of Soviet ocean activities. The considerable extent of Soviet ocean use underscores the importance which the Soviet Union places on the law of the sea debate and its consequent active participation in the process of international negotiation. Second, the paper considers the published record of the Soviet Union in the United Nations seabed debate. In seven years of debate the United Nations General Assembly and the Ad Hoc and permanent Seabed Commities and sub-Commities have generated a considerable body of documantation reflecting the public policy of over one hundred States concerning the law of the sea. Soviet expressions of opinion alone cover more than five hundred pages of documentation. Specific Soviet positions can be considered within two ganeral preferences: the protection of traditional freedoms of the high seas and opposition to ocean control by either coastal States or by an independent international ocean authority. The paper shows how these preferences and the specific Soviet negotiating positions defend and promote the maritime interests of the Soviet Union.     

Estimating the Economic Benefits of Regional Ocean Observing Systems

This article introduces a theme issue of the Coastal Management Journal comprising a set of articles on the potential economic benefits from new investments in coastal ocean observing systems. We describe a methodology to estimate these benefits, and apply this methodology to generate preliminary estimates of such benefits. The approach focuses on coastal ocean observing information within ten geographic regions encompassing all coastal waters of the United States, and within a wide range of industrial and recreational activities including recreational fishing and boating, beach recreation, maritime transportation, search and rescue operations, spill response, marine hazards prediction, offshore energy, power generation, and commercial fishing. Our findings suggest that annual benefits to users are likely to run in the multiple $100s of millions of dollars. The project results should be considered first-order estimates that are subject to considerable refinement as the parameters of regional observing systems are better defined, and as our understanding of user sectors improves.     

基于Vega的虚拟海洋视景仿真研究

虚拟海洋视景仿真系统足虚拟现实技术在军事领域中的应用.由于海浪运动的随机性,虚拟海洋的计算机生成成为视景仿真领域的研究难点.文中详细讨论了两种海浪模型,重点研究Vega中海浪原理和海洋模块的计算机实现,基于Vega软件生成海浪.从效果图中可以看出,模拟的海浪效果比较好,能够满足实际应用的需求.     

Law enforcement in the ocean

The combating of the present great variety of criminal activities occurring at sea mainly involves measures to be taken on land, in particular in ports.However, also actual enforcement at sea will continue to play an essential (complementary) role. This article surveys the rules of international law governing law enforcement measures at sea. These rules are complex, because distinctions have to be made between the various jurisdictional zones at sea and between the positions of the flag state, the coastal state and the port state. Traditionally, ships in the high seas (all sea areas beyond a narrow band of territorial sea) were under the exclusive jurisdiction of the flag state. In an increasing number of situations, the coastal state now has law enforcement authority over foreign ships in expanded areas up to 200 nautical miles offshore. But apart from these situations, flag state jurisdiction still prevails beyond the territorial sea. This makes effective law enforcement difficult. In practice, many obstacles can be overcome by making more effective use of the authority of the port state, and by concluding new international agreements providing for specific enforcement systems.     

基于Ray Tracing理论的海洋信道分析方法

ray tracing理论源于几何光学,将其引入海洋传输信道分析,在约当算法、帐篷定律等算法的支撑下,较好地解决了海洋环境与海洋信道的关系问题,为海上用频装备的合理使用提供了便利条件。     

Systematic training for maritime transport managers

Providing effective training for managers in the maritime and ports sector in developing countries has proven to be a daunting task. Initial attempts by the United Nations Conference on Trade and Development (UNCTAD) in the 1970s led to the development of senior port manager residence courses in Sweden. However, Given the vast numbers of managers needing training a more eficient method was required. Using the systematic training techniques pioneered by the International Telecommunications Union, UNCTAD, in the 1980s initiated two parallel programme: Trainmer (Training development in Maritime Transport); and IPP (Improving Port Performance). Both of these programmes demonstrated considerable success in terms of the numbers of maritime and port managers receiving training opportunities. Increased cooperation amoungst international agencies providing training programmes should result in improved transport management training in the 1990s, lrading to increased efficiences in port and related transport systems.     

Navigation of foreign vessels within China's jurisdictional waters

From ancient times, navigation at sea has been an essential channel of communication and transport among nations. The emergence and development of the law of the sea itself rested with the navigation at sea. The principle of the freedom of the seas has been universally recognized as one of the fundamental principles in international law and practiced by States since the late 18th century. However, with the expansion of national jurisdiction over sea areas, the freedom of navigation has been challenged and navigational rights of foreign vessels are subject to the laws and regulations of coastal States. China, as a big maritime country, has formulated a set of rules and regulations governing navigation of foreign vessels within China's jurisdictional waters. This article attempts to review and assess China's legislation and practice in this respect in the context of international law of the sea.     

Navigation of foreign vessels within China's jurisdictional waters

From ancient times, navigation at sea has been an essential channel of communication and transport among nations. The emergence and development of the law of the sea itself rested with the navigation at sea. The principle of the freedom of the seas has been universally recognized as one of the fundamental principles in international law and practiced by States since the late 18th century. However, with the expansion of national jurisdiction over sea areas, the freedom of navigation has been challenged and navigational rights of foreign vessels are subject to the laws and regulations of coastal States. China, as a big maritime country, has formulated a set of rules and regulations governing navigation of foreign vessels within China's jurisdictional waters. This article attempts to review and assess China's legislation and practice in this respect in the context of international law of the sea.     

International regulation of liability for multimodal transport

The establishment of a widely acceptable uniform international legal framework for multimodal transport has proven to be extremely difficult. In spite of attempts by various international organizations, following the advent of container revolution, there is still no uniform international legal regime in force to govern liability for loss, damage or delay arising from multimodal transportation. In 2002 the United Nations Commission on International Trade Law (UNCITRAL) embarked on the elaboration of a draft instrument to cover contracts for the international carriage of goods. The Draft Instrument, which had been prepared to govern sea transport, is proposed also to cover multimodal transport involving a sea leg.     

The Evaluation of the 2nd Ocean Plan in Korea: Focused on the Implementing Power of the Plan

There seem to be two types of ocean planning system in the world. First, the federal or united government suggests a basic framework of the plan which is followed by states, countries or areas as shown in the European Union, the United States, Canada, Australia, and so on. Second, a powerful central government prepares a basic ocean plan that guides the following sector plans of the relevant ministries. These cases are shown in Japan, Korea, and China. In Korea, the 2nd Ocean and Fishery Development Plan (OK21, 2011–2020) was made as a comprehensive ocean plan reflecting recent natural and social changes including global warming. The OK21 is declarative in its nature, and so evaluated by its sector plans, which have some specific implementing means such as budgets and manpower, organization, and so on, by the relevant laws. The 2nd OK21 is supported by 21 legally binding sector plans, 14 more than in the 1st plan, thus guaranteeing more effective implementation than in the 1st plan. In addition, most of sector plans are planned to be carried out through the well-coordinated system among the related ministries, thus showing a high degree of implementing efficiency of the plan. Every marine area in the plan, including marine environment, is being supported by more sector plans than before, indicating the equitable development of marine areas in the future. In sum, the 2nd OK21 is expected to show more implementing power due to the well-organized sector plans than in the 1st plan.     

Introduction to the special issue on maritime security

The terrorist attacks of 11 September 2001 heightened awareness about the vulnerability of all modes of transportation to terrorist attack. The issue of maritime security has therefore become a major concern in the international maritime sector over the past several years. Globalization has led to a strong growth in seaborne trade; however, it simultaneously increases vulnerability to not only terrorism but also international criminal activities that threaten the world's supply chain. For example, in 2008, the rise in piracy activities in the Gulf of Aden brought the issue of maritime security to the forefront of international debate. In addition to the direct impact on ships, crews and cargoes, and on the maritime industry and governments, piracy also threatens global seaborne trade, and has an impact on energy security and the environment [UNCTAD, 2009, Review of Maritime Transport 2009 (New York: United Nations)]. Maritime piracy can pose substantial risks to seaborne trades, with considerable commodities, ranging between raw materials and energy to high-value manufactured products, being shipped between global economic powerhouses [FU, X. W., NG, A. K. Y., LAU, Y. Y., forthcoming, The impacts of maritime piracy on global economic development: The case of Somalia. Maritime Policy and Management]. Maritime security management, including the definition of security, maritime risk assessment, security measures, the regulation and policy of maritime security in shipping and port-related business operations has been receiving growing attention, both in practice and research.     

Opportunities for a state‐federal partnership in an expanded territorial sea

Abstract

The United States currently has a 3‐mile territorial sea limit which is under the jurisdiction of coastal states. In the event the United States joins with other countries in adopting a 12‐mile territorial sea, Congress may consider extending state jurisdiction to 12 miles. It may be in the best interest of coastal states to oppose extension and instead support a strengthened federal‐state ocean management regime which disregards boundary lines and is based on the sharing of outer continental shelf leasing revenues along with a guaranteed role for coastal states in federal decision‐making.     

U.S. Fishery Management Councils as Ecosystem-Based Management Policy Takers and Policymakers

The United States has a new national ocean policy that adopts ecosystem-based management (EBM) as its first principle for managing U.S. ocean spaces and marine resources. However, U.S. laws that govern the uses of ocean spaces present a challenging tangle of authorities and mandates that do not easily facilitate ecosystem-based policies. For over 30 years, U.S. marine fisheries management has been guided by eight Regional Fishery Management Councils. Working under the many laws that guide setting stewardship priorities for ocean ecosystems, councils provide the Federal Government with advice on fisheries harvest levels, fish habitat protections, and fishing community needs. Implementing EBM for any ocean ecosystem requires a careful examination of the laws and policy processes that affect human interaction with that ecosystem. This article explores the U.S. perspective on federal ecosystem-based fisheries management, its part in U.S. national ocean policy, and how fishery management councils might position themselves as both EBM policymakers and policy takers for ocean resource management.     

The significance of the International Tribunal for the Law of the Sea for the shipping industry

The International Tribunal for the Law of the Sea (ITLOS) was established by the 1982 United Nations Convention on the Law of the Sea as a body to settle disputes between States Parties to the Convention regarding the interpretation or application of the Convention s provisions, including provisions concerning the exercise of the powers of States over shipping and the discharge by states of their responsibilities and obligations in relation to ships.ITLOS is competent to deal with disputes in which a State is alleged to have wrongly interfered with or otherwise restrained the operation of a vessel when it is in a port of the State or within the territorial sea or exclusive economic zone of the State.In its previous judgments, ITLOS has provided clarifications of some important areas of the law of the sea concerning the operation and regulation of shipping by flag States and other states.ITLOS plays a key role in the regime of the Law of the Sea Convention relating to the prompt release of ships and their crews that are arrested or detained in a foreign port.ITLOS also has the possibility to serve as ajudicial organ for the settlement of disputes under other maritime agreements and contracts, if the parties to the agreements or contracts agree to confer jurisdiction on it.There are many advantages to be gained by States and shipping operators from using ITLOS as the body for the settlement of disputes under agreements. These advantages include savings in time and expenses.     

关于进军海工装备市场的思考与对策

通过对世界和我国的海工装备市场竞争态势的分析,提出对我国造船企业进军海工装备市场的几点思考:市场进入的门槛高,决策要谨慎;船舶制造企业要与油气用户业主合作联手;科研、创新开发要更多地瞄准深海技术;海上应急救援装备要加大投入的力度;人才队伍建设是进军海工装备市场的关键。我国各海工企业在向海工市场进军的过程中必须保持清醒的头脑,做到有序发展,避免一哄而上、盲目进军。     

关于实际承运人制度的思考

《汉堡规则》第一次在国际范围内明确规定了实际承运人制度,我国《海商法》借鉴《汉堡规则》对此制度的规定,制定了我国的海上货物运输中的实际承运人制度。本文试图从实际承运人法律制度的确立,实际承运人制度的概念,责任性质和范围等方面对这一制度作以阐述,并对不完善之处提出建议。     

State vs. national interests in an expanded territorial sea

Abstract

The recently adopted Law of the Sea (LOS) Convention contains a provision allowing coastal nations to adopt 12‐mile territorial seas. Already 104 nations (of a total of 137 coastal nations) have claimed territorial seas of 12 miles or wider. The paper discusses the factors which, in the opinion of the authors, could cause the United States to broaden its territorial sea from the present 3 miles to 12 miles within the next half‐dozen years or so. The state‐federal ocean use and resource management issues that will be raised by such a move are reviewed and options for dealing with the jurisdictional issues are developed. Given the political and economic volatility of these issues and their complexity, the use of a broadly representative and well‐staffed study commission to formulate a course of action is suggested.     

海洋内波的红外探测

海洋内波是海洋中常见的现象,与表面波一样是海洋中的一种重要动力形式,其产生的流场会引起海表温度的微弱变化。随着红外遥感技术及各种红外传感器精度的不断提高,通过遥感探测内波所致海表温度的微弱变化来观测内波已经成为一种可能,但现阶段关于内波调制海表温度的具体机理还不清楚。     

States’ obligations relating to marine monitoring and observation

Ocean data determining the state of the ocean are required for various purposes. The data are needed to understand the ocean and its interrelation, for instance, with the climate as well as to provide information and benefits for numerous sectors, such as for the coastal protection or pollution control. In order to meet the multiple needs for ocean information, a global and sustained system for ocean observation activities is necessary. Steps towards such a global system have been taken within the last decades, especially by setting up the Global Ocean Observing System (GOOS). However, the existing international structures and systems have been lacking governmental support and are held to be insufficient. In this context, the questions are raised whether states are already required by international law to observe and monitor the ocean and to cooperate in doing so and whether states are even obliged to contribute to international ocean observing programmes. Although to some extent, states’ obligations can be found in international conventions, such as in the UN Convention on the Law of the Sea (UNCLOS), they cannot meet all the various needs for ocean data. Specific and substantive obligations in international law meeting the multiple needs for ocean data are, however, required. If such obligations were included in the UNCLOS, issues relating to Marine Scientific Research would have to be kept in mind. Another option of creating specific commitments could be seen in a new agreement relating to the GOOS.     

海洋环境要素区划技术研究

将中国近海现有海洋环境要素的观测数据有机地融合起来进行区域划分,对实现传统导航信息与海洋环境辅助信息合理地结合,提高船舶航行的安全性有重要的意义。以对船舶航行影响最大的海流要素为例,采用主因子分析的方法将24个量测指标综合成4个主因子,既简化运算又不失真地反映真实海况。通过方差最大正交旋转对荷载矩阵进行处理使其列向量两极分化,以分析影响各个主因子的主要指标。最后,利用4个主因子在各采样点的得分数将中国东海、南海划分为六个区域。此结果弥补了物理海洋学方法对海洋环境要素小尺度预报精度的不足,为船舶航行提供全域背景和信息决策指导。