The continental shelf and the exclusive economic zone: the problem of delimitation at UNCLOS III

If the Third United Nations Conference on the Law of the Sea succeeds in adopting a new Caracas Convention on the Law of the Sea, it is likely to embody detailed provisions on the delimitation of both the continental shelf and the new zone, the exclusive economic zone. In this paper, the most recent draft of these rules—contained in the Revised Single Negotiating Text—is subjected to a detailed and critical scrutiny which leads to the conclusion that the Sixth Session of the Conference still has a great deal of work to do before agreement can be reached on a satisfactory set of rules.     

The exclusive economic zone: criteria and machinery for the resolution of international conflicts between different users of the EEZ

It is highly probable that one of the results of the Third United Nations Conference on the Law of the Sea will be the recognition of a new jurisdictional zone—the exclusive economic zone (EEZ). This 200-mile zone will be used for a variety of potentially conflicting purposes by both the coastal state and non-coastal states and it is therefore important to ensure that the new convention emerging from the conference should establish criteria and make provision for machinery for the resolution of the international conflicts between different users which will undoubtedly arise. This paper contains a critical analysis of the latest draft articles under consideration at the Conference and considers the criteria by reference to which disputes might be resolved.     

The exclusive economic zone: criteria and machinery for the resolution of international conflicts between different users of the EEZ

It is highly probable that one of the results of the Third United Nations Conference on the Law of the Sea will be the recognition of a new jurisdictional zone—the exclusive economic zone (EEZ). This 200-mile zone will be used for a variety of potentially conflicting purposes by both the coastal state and non-coastal states and it is therefore important to ensure that the new convention emerging from the conference should establish criteria and make provision for machinery for the resolution of the international conflicts between different users which will undoubtedly arise. This paper contains a critical analysis of the latest draft articles under consideration at the Conference and considers the criteria by reference to which disputes might be resolved.     

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.     

The Next Step of Devising China's Legal Regime for Deep Seabed Mining—The Environmental Regulation under China's Deep Seabed Mining Law

The due diligence obligation of sponsoring states requires state parties to enact laws and take administrative measures to secure effective regulation of the contractors of deep seabed mining and ensure that the contractors comply with the United Nations Convention on the Law of the Sea (UNCLOS) and regulations issued by International Seabed Authority (ISA). China has invested significantly in the exploration and exploitation of the deep seabed resources in the Area and China enacted its deep seabed mining law (DSM Law) in 2016 to fulfill its due diligence obligation as a sponsoring state. Environmental regulation is an important part of devising the international legal regime of deep seabed mining, and the ISA has been in the process of drafting Environmental Regulations. It is the sponsoring states' obligation to ensure that the contractors comply with the environmental rules issued by the ISA. China's DSM Law has many provisions stating the environmental obligations of its contractors; however, these provisions are phrased in rather general terms. It is necessary for China to take the next step as a sponsoring state and promulgate its domestic environmental regulation under its DSM Law in order to further fulfill its due diligence obligation. A procedure-oriented approach should be adopted for drafting the environmental regulation under China's DSM Law. Ideally, the environmental regulation under China's DSM Law should specify the rights and obligations of the contractors and domestic regulatory agency, delineating the environmental measures that the contractors need to take in different stages of exploring and exploiting deep seabed resources in order to comply with the environmental rules issued by the ISA.     

Piracy, navies and the law of the Sea: the case of Somalia

This contribution concentrates on the legal aspects of piracy and tries to explain some of the practical problems which modern navies experience in their fight against piracy and maritime violence off Somalia. The UN Law of the Sea Convention of 1982 provides a traditional though largely deficient set of rules for control and counter measures. Modern legal instruments such as the SUA Convention of 1988 as amended, recent resolutions of the UN Security Council and regional treaties try to fill the loopholes. Against this background the paper discusses e. g. the law of boarding and investigation of suspicious vessels, the arrest and penal prosecution of criminals and the right of self-defence in case of an imminent attack. The international mandates and the national rules of engagement in which the navies operate reflect these ambiguities that result in a loss of momentum. After all piracy is not an act of war, but a crime. In conclusion apolitical solution on land is indispensable as the navies and coast guards can only fight the symptoms and not the causes of crime and unrest in a failed State.     

Maritime security in the European Union—empirical findings on financial implications for port facilities

To address the maritime security issue, the IMO Diplomatic Conference adopted in December 2002 the International Ship and Port Facility Security (ISPS) Code. The European Union fully agreed with its contents; Regulation (EC) No. 725/2004 transposes in Community Law the associated rules, which came into force on 1 July 2004. Interesting questions from an EU-policy point of view are then: What are the additional costs associated with the implementation of security regulations by port facilities (here in particular terminals) in EU-member states? Moreover, how are these additional costs being recovered by port facilities? Another inter-related question is: are there any subsidies involved in the cost recovery? The present paper addresses these questions with the presentation of the main results of an explorative empirical study on maritime security-related costs and their financing in EU-member states. Furthermore, a number of topics are recommended for further study on maritime security costs and financing and associated (EU) regulations.     

Maritime security in the European Union—empirical findings on financial implications for port facilities

To address the maritime security issue, the IMO Diplomatic Conference adopted in December 2002 the International Ship and Port Facility Security (ISPS) Code. The European Union fully agreed with its contents; Regulation (EC) No. 725/2004 transposes in Community Law the associated rules, which came into force on 1 July 2004. Interesting questions from an EU-policy point of view are then: What are the additional costs associated with the implementation of security regulations by port facilities (here in particular terminals) in EU-member states? Moreover, how are these additional costs being recovered by port facilities? Another inter-related question is: are there any subsidies involved in the cost recovery? The present paper addresses these questions with the presentation of the main results of an explorative empirical study on maritime security-related costs and their financing in EU-member states. Furthermore, a number of topics are recommended for further study on maritime security costs and financing and associated (EU) regulations.     

New security measures for the international shipping community

On 1 July 2004 the new maritime security regulatory regime set out in the International Convention for the Safety of Life at Sea (SOLAS), 1974 as amended, namely the new chapter XI-2 on Special measures to enhance maritime security and the International Ship and Port Facility Security (ISPS) Code entered into force only 18 months after adoption by the SOLAS Conference in December 2002. Following the devastating terrorist acts of 11 September 2001 in the United States, the international community recognised the need to protect the international maritime transport sector against the threat of terrorism. IMO responded swiftly and firmly by developing these new requirements, which represent the culmination of co-operation between Governments, Government agencies, local administrations and shipping and port industries.     

结合“5.7”空难谈海上搜救存在的问题

海上搜救是《1979年国际海上搜寻救助公约》赋予我国的神圣义务,我国《海上交通安全法》中也有明文规定。如何认识海上搜救工作中存在的问题以及很好地解决这些问题,对于履行国际公约、保护海上人命安全有着十分重要的意义。     

Analysis and Potential Alternatives for the Disputed South China Sea from Ocean Governance in the Polar Regions

Sovereignty claims over insular features and maritime jurisdiction in the South China Sea have been disputed for decades, and a governance regime to address ocean-related issues is urgently needed. This article first introduces the notion of a regime, and examines details of cooperation mechanisms in the Polar Regions. Lessons that can be applied to the South China Sea include that both soft and hard law regimes work to bring States concerned together to cooperate on the “commons” issues even when military conflicts or sovereignty disputes still exist. Consensus among bordering States would be necessary to make the South China Sea a “zone of peace.” Mechanisms that accommodate the various sovereignty claims and freeze existing and new claims to, as well as to prohibit military activities in, the South China Sea are recommended. Lastly, if a cooperative mechanism were to be established in the future, the Arctic regime would be more applicable to the South China Sea than the Antarctic regime due to their geographic nature. Thus, only States bordering the South China Sea should have voting and decision-making rights in the cooperative mechanism. As always, the political will of all parties is paramount to the success of such an endeavor.     

An analysis of the pricing system in the Greek–Italian coastal routes

Price discrimination is practiced by oligopolistic coastal shipping companies in the ‘unregulated’ Greece–Italy routes in the year 2002. Investigation has been carried out ‘per route’—in a doctoral thesis—instead of ‘per market’ which was the so-far erroneous approach of shipping economists. This is so for a host of differentiating factors play a considerable and non-negligible role (like geography, distance, demand, seasonality and others). Service—and price-discrimination—in coastal shipping is affected also by the predetermined ship design which thus is a special feature—but not exclusively—in coastal shipping. Companies in the Adriatic Sea try to extract the greater possible value of the user's willingness to pay, peak and off-peak, group and ungrouped, for social groups (clubs, families and students). Marketing and economics interfere in a complicated—far from the nice world of theory—situation, where maximization of revenue and profit, capacity utilization, intense seasonality and high fixed cost (common and joint costs as well) are a few of the factors that interplay. This paper can be considered as a case study for applied pricing. Excess capacity is also a strategic factor affecting pricing. It is our opinion that the analysis here gives for the first time a complete theoretical and practical account—based on the price lists of the companies—of the pricing policy of the ferry boats running in the Adriatic Sea belonging to coastal shipping companies connecting Italy with Greece and Greece with the European Union (EU). We believe this work to be useful for maritime Europe.     

论定期租船合同中的格式条款

《中华人民共和国合同法》（下称《合同法》）首次对格式条款问题作出了规定，但由于该法实施时间不长，其对一些具体合同中格式条款的适用问题还有待于进一步研究。根据《合同法》的规定，对定期租船合同中格式条款进行认定，并讨论定期租船合同中的格式条款提供人的义务及定期租船合同中格式条款的无效的问题。     

Dilated-polyhedron-based DEM analysis of the ice resistance on ship hulls in escort operations in level ice

The ice resistance on ships in escort operations in level ice are investigated using the discrete element method (DEM). A dilated polyhedron—generated by the Minkowski sum of a sphere and a polyhedron—is employed in the DEM; this dilated polyhedron-based DEM (DPDEM) is adopted to simulate the ship–ice interaction, wherein the contact force and bond-failure criterion are considered for the collision and fracture of sea ice, respectively. A three-point bending test was simulated with DPDEM, and a field test was conducted in the Bohai Sea to validate the DEM results. Further, a parametric analysis of flexural strength was conducted to identify the parameters involved in the bond-failure criterion. The ice resistance on icebreakers and cargo ships in level ice are simulated using DPDEM. The simulated ice resistances are compared with the Lindqvist and Riska formulas and the model test, which proves the validity of the DEM simulation. The interaction between ships and level ice is simulated parametrically to investigate the ice resistance on cargo ships with and without the icebreaker escort. Influencing factors such as ship speed, ice thickness, and ship breadth were examined to investigate the ice resistance on the escorted cargo ship. Analysis and change rules of the ice resistance on cargos affected by those factors were given.     

The third United Nations conference on the law of the sea

This paper examines the fourth and fifth sessions of the third United Nations Law of the Sea conference, held at New York in 1976, against the background of committee work.     

The third United Nations conference on the law of the sea

This paper examines the fourth and fifth sessions of the third United Nations Law of the Sea conference, held at New York in 1976, against the background of committee work.     

从“The Ikarian Reefer”一案看专家证人的职责与责任

专家证据是英美法中的一项证据类型。针对在“The Ikarian Reefer”一案中,Cresswell大法官对7条专家证言守则的分析,说明了专家证人的职责和责任,并结合我国的法律,提出了对我国鉴定人的几点职责要求。     

船长与引航员关系的法律分析

在船长与引航员的法律关系上,存在一些比较流行的观点和看法,却未必经得起法律思考,缺乏一定的法律依据。将《劳动法》、《合同法》、《海商法》、《船舶引航管理规定》等法律、法规和部门的规章作为依据,从法律的角度分析船长在实际工作中遇到的问题,使船长从法律的高度正确认识船长与引航员的关系,有利于船长与引航员之间关系的认识和处理,达到驾驶台团队的和谐、驾驶台资源的充分利用,进而达到增强和改善港内引航安全,做好船舶安全管理工作的目的,同时也为了避免或减少在实践中造成行政违法行为的发生。     

The Origins and Early Implementation of the Magnuson-Stevens Fishery Conservation and Management Act of 1976

The Magnuson-Stevens Fishery Management and Conservation Act, enacted in 1974, is the primary federal fishery management legislation in the United States. The political impetus that led to enactment was the extensive foreign fish off U.S. shores that expanded following World War II and the failure of international negotiations to prevent the decline in many fisheries relied upon by domestic fishers. In Congress, there was uncertainty as to whether a comprehensive management program would be created along with a unilateral extension of fishery management jurisdiction out to 200 nautical miles. The delay in agreement over a new United Nations Law of the Sea Treaty and resolution of the extent of coastal nation jurisdiction over fisheries culminated in enactment of the legislation sponsored by Senator Warren Magnuson, a Democrat from Washington State, and Senator Ted Stevens, a Republican from the State of Alaska.     

The evolution of the upper water layer in the marginal ice zone, austral spring 1988, Scotia-Weddell Sea

A one-dimensional turbulent erosion model is presented to study the temporal behaviour of the upper layers of the water column in the marginal ice zone during ice retreat. Input parameters in the model are the regular meteorological observations on board, global radiation and ice cover estimates. The model results are validated by comparison with CTD-profiles measured during repeated sections through the marginal ice zone of the Weddell-Scotia Sea sector of the Southern Ocean, over a six week-period in the Austral spring 1988.