再谈亚丁湾护航和被护商船应注意事项

0前言2008年以来,包括我国海军护航编队在内的多国海军力量在亚丁湾为商船护航,在一定程度上打击了索马里海盗的嚣张气焰。但由于种种原因,无法阻止海盗袭击和劫持商船的企图,以及从根本上消除索马里海盗。据国际海事组织统计,海盗劫船企图及劫持人数均呈递增趋势,2010年索马里海盗共劫持船舶49艘,     

索马里海盗活动近况分析

多年军阀混战的无政府状态是滋生索马里海盗的土壤，早期的索马里海盗是军阀参与的行为。他们的目的是抢劫船上的财物，并不劫持船舶。这种一本万利的行为催生了专业海盗的诞生。他们不但抢劫船上的财物，而且还劫持船舶，以船员为人质并索要赎金。     

2011上半年海盗袭击事件增至266起

据国际海事局报道，2011年前半年海盗袭击事件与2010年196起相比数量有所上升，达266起。其中60％为索马里海盗袭击案。到2011年6月30日为止．索马里海盗已劫持船舶20艘．海员420人。然而，海盗劫持船舶成功率有所降低，前两个季度劫持得手仅21起。目前全球共有495名海员被劫为人质．7人遇害．39人受伤；99艘船舶被海盗登船．76艘船舶遭枪弹射击．其中62艘船舶进行了反击。     

船舶遭劫持与船员国籍的非关联性探析

文中在分析索马里海域状况和索马里海盗袭击商船的历史和现状的基础上,对国际海事组织(IMO)和国际海事局(IMB)提供的有关索马里地区调查数据进行了分析,尤其是对被海盗所劫持船舶的船员构成作了详细的分析,并由此证明船员国籍和船舶劫持之间是否存在某种关系,船员是否会因为种族或者文化的原因更容易(或不容易)成为索马里海盗的受害者等。论文的研究为认识海盗的真实原因和采取对海盗的打击和预防措施提供了依据。     

IMO在吉布提召开抗击海盗会议

为解决索马里沿岸和亚丁湾的海盗问题,国际海事组织近日在吉布提召开高级别会议,审议在Dar es Saslaam会议上制定的关于在西印度洋、亚丁湾及红海海域镇压海盗和武装劫持船舶的协定草案,并就预防、制止和镇压海盗和武装劫持船舶行为达成了区域协定。会议     

船舶安全通行亚丁湾及索马里海盗区的程序和措施

目前,船舶航行于亚丁湾及索马里海盗区依然存在被袭击和劫持的安全风险。文章根据实际工作经验详细介绍了如何确保船舶安全通行于该海盗区的程序和措施。     

船舶防抗索马里海盗应采取的相关措施

2010年,全球范围内共发生海盗袭击船舶事件445起,53艘船舶被劫持,1 181名船员被扣为人质.其中,索马里海盗劫持船舶49艘,劫持人质1 016人.     

亚丁湾及索马里海盗区航行的安全保障

自2008年开始,途经亚丁湾及索马里海域的船舶频繁遭到索马里海盗的袭击或劫持,海盗活动已经对国际航运、海上贸易和海上安全构成严重威胁。笔者曾驾驶船舶在武装保安员的护送下安全通过这两个海盗区,通过介绍一些航行经验与同行交流、探讨,希望能够提供一些有益的借鉴。     

防抗海盗，我们应该做些什么

当今世界，新闻的焦点已逐渐由伊拉克、本·拉登等恐怖事件、人物转移到了“索马里”海盗及沿海海域的劫持船舶事件。     

船舶如何建立反海盗劫持的安全舱——“莫斯科大学”号油轮获救的启示

当今亚丁湾及索马里海域海盗活动日益猖獗,航行于该区域的船舶一旦被武装海盗劫持,海盗以船员作为人质,使各国护航海军武力解救被劫持船舶相当困难,当商船凭借己方力量不足以阻止海盗行为时,如何让船员躲进船上的"安全舱",避免被武装海盗控制作为人质,等待护航海军的武力解救,"莫斯科大学"号油轮获救是个成功案例,文中主要阐述船舶如何建立反海盗劫持的"安全舱"。     

Piracy off West Africa from 2010 to 2014: an analysis

Piracy is one of the most frequent maritime threats. However, despite the importance of how maritime piracy is to be reduced, it is substantially less investigated than maritime safety. Piracy off Somalia is the most investigated case of piracy, but those results are not necessarily generalizable. Piracy off West Africa has been shown to be more diverse, successful and dangerous. This study investigates and analyses piracy off West Africa with the aim to understand how different operations and security measures affect the consequences of piracy. This study has identified several different intents and shows that most attacks are relatively close to shore and correspond to areas of high ship density. Attacks with the intent of theft at night-time are generally performed close to shore, and more complicated attacks against ships under way are more common during daytime and farther from shore. Five types of measures are found to have high effectiveness if the attack is detected during approach; after boarding, only two measures have high effectiveness. Of the effective measures, it can be concluded that all but one are dependent on detecting the attack. Therefore, detecting the pirates is key but must be accompanied by a set of measures because no measure alone can protect a ship given the operational conditions off West Africa. The risks associated with piracy off West Africa are estimated to be of the same magnitude as the risks posed by Somali piracy at its peak.     

索马里海盗问题对我国航运界的影响

尽管索马里海盗问题得到了国际社会的高度重视,并出台了一系列的预防和惩治措施,但由于这些措施并未从根本上解决海盗问题,海盗活动仍然层出不穷。文中主要分析了海盗问题对我国航运界的实际影响,并给出了相关的建议。     

A study of maritime security and piracy

This paper studies the contributing factors of maritime piracy by analyzing previous incidents that have been reported to the International Maritime Organization (IMO). Part of the analysis is to filter those ship types that are particularly vulnerable to piracy attacks. The paper also introduces the guidelines developed by the IMO and the industry envisaging to minimize the risk to ships that are exposed to attacks from pirates. It further describes the initiatives taken to develop a sustainable mechanism in the high-risk area (HRA)¹ to suppress piracy and other maritime crimes. This study reflects the fact that maritime security and piracy issues’ importance has been increasingly recognized in the 40 year history of Maritime Policy & Management.     

亚丁湾附近海域海盗犯罪的特点、成因及对策研究

近期，亚丁湾海域及索马里沿海海盗犯罪成为此海域海上安全的严重威胁。在认清当前海盗犯罪的特点及其成因的基础上，船方必须采取相应的防范和应急处理措施，确保船舶和船员生命安全。     

International cooperation against piracy: China's role,problems, and prospects

While there are some non-contentious issues about which states can cooperate, most must be molded around the demands of national interest. Piracy is a case where suppression would appear to be in the interest of all states; after all, pirates have been regarded as the enemies of all since Roman times. Despite this, states have often been more ambivalent as they have found piracy to be a useful cloak behind which to hide their wider geo-strategic ambitions. This paper notes that Somali piracy has attracted the interest of China whose citizens have been attacked and hijacked. It asks if this deployment demonstrates that China is committed to the protection of shipping in the context of the existing maritime order or if it has a wider purpose to advance Chinese interests in the Indian Ocean region.     

Is Somali piracy a random phenomenon?

This paper investigates whether Somali piracy is a random phenomenon. The investigation takes place in two distinct parts. Its statistical analysis spans over a period of 11 years, from 2000 until 2011 for the first part (flags), and 5 years, from 2007 until 2011 for the second one (crews). The reason is that although prior to 2007 there have been a substantial number of attacks (parameter used in the first part of the research), very few ships were practically pirated (parameter used in the second part) within the same period. Firstly, it is widely believed that Somali pirates select their targets at random and the decision on attacking a vessel registered under a particular flag is unrelated to the participation of the flag state in any of the naval forces operating around the Horn of Africa. The enquiry attempts to assess whether these two common beliefs are supported by historical data and to what extent. Secondly, this paper asks whether there are certain nationalities of crews which are for ethnic and/or cultural reasons more (or less) vulnerable to fall victims of pirates off Somalia. Such groups (if there are any) would in effect indirectly ‘support’ Somali piracy, and for this reason, they could be considered as ‘passively supportive crews’. The analysis focuses on the crew composition of the attacked vessels with special interest cast upon those ships (meaning the crews) which eventually succumbed to Somali pirates and were in the end seajacked.     

A study of the role of seafarers in combating piracy off the coast of Nigeria

Piracy off the coast of Nigeria portends grave danger to the economic, security, and sociopolitical development of the country. It also threatens both international and regional trade as well as the stability of the West African sub-region. Despite Nigerian government’s attempts to curb piracy caused by poverty, unemployment, including corrupt and weak maritime regulatory and security institutions, attacks by pirates have continued to occur off the country’s coast. Consequent upon the adverse effects of piratical attacks on their day to day activities, seafarers can facilitate the suppression of piracy off the Nigerian coast. This paper uses statistics, provisions of international instruments and domestic legislations, the United Nations Security Council resolutions, soft laws, and opinions of researchers to examine the nature, causes, and effects of piracy on seafarers in Nigeria. The author argues that seafarers are necessary partners to curb piracy off the coast of Nigeria through enforcing maritime security conventions and other related instruments as well as testifying against pirates during trials. In conclusion, this paper contends that acts of piracy adversely affect crew members’ life, health, family, job, and finance thereby providing an overwhelming motivation for seafarers to play a role in suppressing piracy off the Nigerian coast.     

防海盗措施在船舶设计中的应用

防海盗的形势仍然严峻,如何在船舶设计中,采取合适的措施防止海盗,从而保障船舶和船员的生命财产安全,是船舶设计者应该考虑的问题.在设计中,通过对船舷的特殊设计,有效地阻止海盗登船;通过对上层建筑梯道、驾驶室等的改进措施,有效地拖延海盗控制船舶的时间;通过设置安全舱室,为固守待援提供有力的保障.     

The implications of piracy on marine insurance: some considerations for the shipowner

A prominent feature of modern day piracy is the ransom that is demanded for the safe release of the ship, cargo and crew. The recent upsurge of this type of piracy, in areas of the world that are of strategic importance to the shipping industry, has created many challenges for shipowners, underwriters and the law relating to marine insurance. The aim of this paper is to examine how the marine insurance market is being affected by the threat of modern day piracy, and seeks to identify the options that are available for the recovery of a ransom payment by the shipowner. Moreover, this study aims to identify the legal issues that might prevent a shipowner from recovering a ransom payment under an insurance policy or from the other interests in a common adventure. The study establishes that a reasonably made ransom payment by the shipowner will amount to an extraordinary expense that is taken to minimise or avert a loss. Such an act can generally be recovered under the insurance policy as a sue and labour expense or from other interests in the common adventure as a general average expense. However, illegality, unseaworthiness and exemption clauses in a marine policy are identified as being legal issues that may prevent a shipowner from recovering the ransom payment. Some of these problems may be overcome if clauses are carefully drafted to specifically cater for modern day piracy in a marine insurance policy. Several inconsistencies may also be resolved by transferring the piracy peril to war risks cover. The shipowner’s duty is to respond to the changing circumstances, by ensuring that his vessel is sufficiently equipped and the crew is properly trained to resist a hijacking.     

Maritime piracy in the Indo-Pacific region – ship vulnerability issues

This paper describes the current situation with piracy and armed robbery at sea in the Indo-Pacific region, particularly off the Horn of Africa and in Southeast Asia. This situation may be aggravated due to the downturn in international shipping following the global financial crisis. This has led to surplus shipping capacity, crews paid off, lower profits, and ship owners seeking to cut costs. Many ships are laid up in anchorages prone to sea robbery, and there is a risk that ships might be less well maintained and operated. This paper also explains how some ships are more vulnerable to attack than others. Sub-standard ships are more likely to be successfully attacked than quality vessels. Issues are identified that might be addressed by the shipping industry and ship owners, as well as by the International Maritime Organization (IMO). In addition to being a victim of piracy, the shipping industry could be adding to the problem by laying up ships in vulnerable areas, reducing wages and sizes of crew and employing sub-standard ships. This situation could be symptomatic of wider problems in international shipping that throw doubt on the effectiveness of current regimes for ship safety, security and marine environmental protection.