船舶污染防治的法律思考

针对我国目前船舶污染的状况及原因,从法律的视角,分析我国有关法律制度中的缺陷,并提出相应的对策.     

船舶压载水和海洋环保

大部分海洋船舶为保证船舶空载航行的稳定性,都有庞大的压载水系统,装有数量巨大压载海水。文章通过大量的数据,明确阐述了船舶海水压载水对海洋环保带来的危害,并列举了多种消除海水压载水污染的方法。随着海洋船舶运输的发展,船舶压载水的异地装入与排出,使海洋污染迅速漫延,海水压载水的污染问题越来越引起世界各国和航运界的重视。对海水压载水的技术处理必将是未来数年船舶科技发展的一个热点。     

使用节能环保型的船舶是解决海洋污染的根本途径

近年来全球气候的反常变化,已严重影响了人们的正常生活,尤其今年我国南方一些地区发生的干旱和洪水灾害,再一次给人类上了一堂生动的自然课,保护环境已迫在眉睫。海洋是人类赖以生存的基础,地球3/4的面积是海洋,全球贸易量的90%又是由船舶运输来完成的,因为船舶可以提供比其它运输方式更为廉价的运输。正因如此,近年来船舶贸易有了突飞猛进的发展,而随之而来的对海洋的污染也在加大,海洋资源也已受到了严重的破坏,如果这种污染因其发展,不久的将来海洋将会是一个死海。故人类应规范自我行为,使用更加节能环保型的运输船舶才是解决海洋污染的根本途径。     

船舶防污染工作任重而道远

文章阐述了船舶污染对海洋、对人类带来的巨大的危害,从而论述了防治船舶污染的重要性。作者通过造成船舶污染的大量事实依据,分析了我国在船舶防污染工作的现状和所存在的问题,并提出了积极的对策和建议。     

港口经营人责任期间

<正> 近年来我国在运输法律方面已逐渐完善,然而在各种运输方式之间的重要连结点处——港口,至今没有建立完善的法律制度,使港口经营中的法律适用上存在困难,不利于港口业务纠纷的处理和解决。为此,本文对港口经营中港口经营人责任期间进行探讨,主要是针对海上集装箱货物和非集装箱货物责任期间的衔接,运输船舶的船边交接货物责任期间,以及码头仓库交接货物责任期间等方面进行分析。     

我国船舶登记立法的修改和完善

《船舶登记条例》(以下简称"条例")是我国船舶登记立法的主要程序性法规。自1995年1月1日全面实施以来,我国的船舶大都进行了登记,"三无船舶"得到了一定的控制。2007年《物权法》颁布对《条例》修订起到导向作用,在立法认识、登记程序等方面对船舶登记制度产生一定影响,也加速了《条例》的修订进程。     

我国海洋生态环境损害程度评价技术发展现状

本文通过对目前海洋生态环境的判定技术的综合分析,按海洋污染生态毒性损害、海洋污染对渔业资源的损害以及涉海工程对海洋生态环境损害三个方面入手,介绍了国内外的海洋生态环境损害程度评价技术的发展现状,并指出我国相关研究中存在的不足。     

国内物流法制亟待完善

我国物流业快速发展,而作为调整物流活动中各种关系的法律建设却相对滞后与不完善,从某种角度上说,这已成为当前物流业发展个别领域出现混乱现象的重要原因,直接影响着这一新兴产业的健康发展。因此,完善物流法律制度的要求越来越迫切,特别是综合性的物流服务法律制度,把以前分散     

长江干线船舶污染应急监测能力建设及对策探究

长江干线是全球运量最大,运输最繁忙的内河水运通道,随着长江干线船舶数量的不断增加,以及通航环境的日趋复杂,船舶事故对长江水环境可能造成的污染风险也逐渐加大。因此,有必要开展针对长江干线船舶污染应急监测能力建设及对策的探究。本文对船舶污染应急监测技术进行了梳理与总结,分析了我国船舶污染应急监测能力建设情况,对长江干线船舶污染应急监测能力建设提出了4条对策：未来应该着重发展无人机遥感监测技术;在敏感点位置做好在线监测,以实现及时预警;建立应急资源数据库;加强应急监测人才队伍的培养。     

内河船舶防污染面临的问题及对策研究

随着我国东线南水北调工程的建设,内河船舶对水域环境造成的污染引起了高度的重视,为了保障南水北调工程的建设和人民群众生活及生态环境安全,加强内河船舶污染控制工作成为海事船检部门工作的重中之重。严格把关船舶污染水域源头,从现行法制手段、国家监督管理机制、船舶防污设计等多个方面进行分析,采取有效的防污染措施,提高当前内河船舶防污染工作,重视内河船舶防污染治理,提升内河船舶防污染水平。本文针对京杭运河徐州段船舶防污现状,浅析内河船舶防污染面临的问题,并研究解决对策。     

Group attitude and hybrid sanctions: Micro-econometric evidence from traffic law

In many legal domains hybrid sanctions – i.e. the joint use of both monetary and non-monetary sanctions – are usually applied. We suggest that one possible rationale behind this form of sanction is targeting group-specific deterrence. For some groups of agents, hybrid sanctions act indeed as a self-selection mechanism such that deterrence is obtained only after a critical threshold of infractions is reached. We apply our model to traffic law infractions and further test it, performing a micro-econometric analysis on a unique dataset of a representative sample of 50,000 Italian drivers, over six years (2003–2009), after the introduction of a penalty points system. Our findings empirically confirm our theoretical predictions. When repeated infractions are at stake, well-designed hybrid sanctions, such as the penalty point system designed for traffic law enforcement, may indeed increase overall deterrence. Our results shed new light on the role of the combined monetary and non-monetary sanctions to perform general and specific deterrence.     

浅谈兰渝铁路隐蔽工程和关键部位作业实名制

兰渝铁路创新地实施了隐蔽工程和关键部位作业实名制管理,即在施工中对隐蔽工程和关键部位的作业进行实名登记,施工、技术、质检负责人签认证明,施工中随时组卷归档,验交时移交运营单位,作为工程质量安全终身负责的经济、行政和法律责任追究依据。文章概括介绍了兰渝铁路工程实名制管理的主要内容及其重要性。     

Sailing into a dilemma: An economic and legal analysis of an EU trading scheme for maritime emissions

On the basis of a joint economic and legal analysis, we evaluate the effects of a “regional” (European) emission trading scheme aiming at reducing emissions of international shipping. The focus lies on the question which share of emissions from maritime transport activities to and from the EU can and should be included in such a system. Our findings suggest that the attempt to implement an EU maritime ETS runs into a dilemma. It is not possible to design a system that achieves emission reductions in a cost efficient manner and is compatible with international law.     

从《道路交通安全法》看公路运输市场安全治理

道路运输安全是一项需综合治理的系统工程,不仅需要社会各方相互配合,更需要相应的法律手段进行规制。文章阐述了《道路交通安全法》在规范运输市场安全秩序中的作用,分析了《道路交通安全法》实施后我国公路运输市场现状及存在的问题,提出了推进道路交通运输市场规范化发展的对策建议。     

Traffic Noise in Europe: A Comparison of Calculation Methods,Noise Indices and Noise Standards for Road and Railroad Traffic in Europe

The demand for inland freight transport in Europe is mainly met by road transport, leading to unsustainable impacts such as air pollution, greenhouse gas emissions and congestion. Since rail transport has lower externalities than road transport, a modal shift from road to rail is an accepted policy goal for achieving a more sustainable and competitive transport system. However, intermodal road–rail transport is mainly competitive for long-distance transport, and as a consequence, the potential for modal shift is limited. The cost efficiency of road–rail intermodal transport is particularly sensitive to pre- and post-haulage (PPH) costs, since this activity typically has a larger cost compared with its share of the total distance in the transport chain. For intermodal transportation over shorter distances, for example, below 300 km and where there are substantial PPH activities at both ends of the chain, the competitiveness of the intermodal transport system compared with that of direct road is low. Improving the efficiency of PPH activities is, therefore, of utmost importance for the competitiveness of the intermodal transport system. This paper looks into the issue of improving the cost efficiency of an intermodal transport chain by implementing an innovative and flexible legal framework regarding the PPH activities in the chain. By extending the legal framework with exemptions for longer vehicles in PPH, the cost efficiency could be greatly improved. The purpose of such a framework is to allow and enable, for PPH exclusively, the use of 2?×?40 foot or even two semi-trailers using only one vehicle in the context of the Swedish regulatory framework. This paper develops a strategic calculation model for assessing and investigating the consequences of such a framework and investigates the framework's potential in terms of cost efficiency. The model in combination with a sensitivity analysis of input variables gives a comprehensive understanding of the effects of PPH under different circumstances. From the results, it is evident that there are substantial positive effects associated with a PPH framework of longer vehicles. Results indicate that a typical shipper may experience cost reductions of about 5–10% of the total costs of the intermodal transport chain. In summary, a more innovative and flexible legal framework regarding vehicle length in the PPH links can contribute to a greater modal shift, improved cost efficiency and more environmentally friendly transportation systems.     

Deregulation in Polish Rail Transport

Abstract

A phenomenon new to the Polish situation—the deregulation of rail transport—is presented. Despite its primarily legal nature, deregulation also implies various economic, socio‐political and spatial consequences. The relatively short period over which partial deregulation of public transport in Poland has been in effect (i.e. since 2000) ensures that the issue has not been taken up by Polish geographers as a research field. However, it has been of interest to Polish economists. Deregulation is a phenomenon of primary importance, with direct implications for the character, quality, type, intensity and spatial differentiation of transport (including freight and passenger traffic) within the market economy. This paper, therefore, presents the impact of the recent changes in the legal system (as regards deregulation) on the current pattern of railway connections of the major carriers. As the majority of these originate beyond the Polskie Koleje Państwowe (Polish State Railways) Group, they can be said to be independent of the main former state carrier.     

Incorporating land use in metropolitan transportation planning

In current practice, very few Metropolitan Planning Agencies attempt to capture the effects of transportation system changes on land use, and the consequent feedback effects on transportation system performance, despite substantial evidence that these effects may be significant. In this paper, we present a case study on the application of UrbanSim, a detailed land use simulation model system, and its integration with a regional travel demand model in the Greater Wasatch Front area of Utah. Like several other metropolitan areas, this region has recently been confronted with legal challenges to proposed highway projects, drawing substantial scrutiny to the land use-transportation connection. We describe the UrbanSim model specification, results from model estimation, and sensitivity analyses conducted with the combined land use and travel model system. The results of the sensitivity analysis suggest that accounting for the land use effects of a regional transportation plan may produce significant shifts in key transportation evaluation measures such as vehicle miles traveled, vehicle hours traveled, and hours of congestion delay.     

Integrated Transport System of the South-Moravian Region and its impact on rural development

It is generally presupposed that the infrastructure and availability of services of general interest (like schools, medical care, social services and also public transport) impact on present demographic development in rural areas, namely depopulation and aging. Such services affect the quality of life of local people and sometimes they perform a vital necessity. It is possible to say that the absence of the mentioned services should be compensated by an effective system of public transport. In other case, especially those people who are not able to use individual cars due to the age, health, legal conditions or financial situation are bequeathed on an assistance of the family or neighbors or they stay cut off and excluded. This paper is aimed at the verification of the presupposition in the case of the South-Moravian Region – NUTS 3 region occupying the south-eastern part of the Czech Republic, bordering with Austria and Slovakia. The research method lies in analysis of the frequency, travel time and fare of public transport system and its comparison with demographic development in rural areas, especially in the peripheral ones. The results are discussed in view of the system of central places in the region and present urbanization processes like suburbanization, counterurbanization and reurbanization.     

Optimizing charging station locations for urban taxi providers

Recently, electric vehicles are gaining importance which helps to reduce dependency on oil, increases energy efficiency of transportation, reduces carbon emissions and noise, and avoids tail pipe emissions. Because of short daily driving distances, high mileage, and intermediate waiting time, fossil-fuelled taxi vehicles are ideal candidates for being replaced by battery electric vehicles (BEVs). Moreover, taxi BEVs would increase visibility of electric mobility and therefore encourage others to purchase an electric vehicle. Prior to replacing conventional taxis with BEVs, a suitable charging infrastructure has to be established. This infrastructure consists of a sufficiently dense network of charging stations taking into account the lower driving ranges of BEVs.In this case study we propose a decision support system for placing charging stations in order to satisfy the charging demand of electric taxi vehicles. Operational taxi data from about 800 vehicles is used to identify and estimate the charging demand for electric taxis based on frequent origins and destinations of trips. Next, a variant of the maximal covering location problem is formulated and solved to satisfy as much charging demand as possible with a limited number of charging stations. Already existing fast charging locations are considered in the optimization problem. In this work, we focus on finding regions in which charging stations should be placed rather than exact locations. The exact location within an area is identified in a post-optimization phase (e.g., by authorities), where environmental conditions are considered, e.g., the capacity of the power network, availability of space, and legal issues.Our approach is implemented in the city of Vienna, Austria, in the course of an applied research project that has been conducted in 2014. Local authorities, power network operators, representatives of taxi driver guilds as well as a radio taxi provider participated in the project and identified exact locations for charging stations based on our decision support system.     

Shifting from car to active transport: A systematic review of the effectiveness of interventions

IntroductionA promising way to stimulate physical activity is to promote the choice for active modes of transport (walking and cycling). Over the past years, several interventions and policies have been implemented to stimulate this mode shift. However, information concerning the effectiveness of these interventions and policies is still limited. The aim of the present study was to systematically review the effectiveness of interventions designed to stimulate a shift from car use to cycling or walking and to obtain insight into the intervention tools that have been used to promote and/or implement these interventions.MethodsFive databases were searched and articles published in English, Dutch, German, Danish, Norwegian and Swedish were included. Only studies that focussed on a mode shift from car use towards active transport in a general adult population, which were published in peer reviewed journals and which investigated effectiveness were included. Intervention tools used were categorized by using the model of Hoogerwerf & Herweijer, as either legal, economic (subsidy, reward system, penalty), communicative (written materials, behavioural tools) and physical tools (providing bicycles, providing better bicycle facilities at work, adjustment of the environment).ResultsNineteen studies met our inclusion criteria. Studies included described work-place-based interventions, architectural and urbanistic adjustments, population-wide interventions, and bicycle-renting systems. Nearly all studies (except three) showed positive effects concerning a mode shift. Most of the included studies used more than one intervention tool and the tools used differed between types of interventions. However, information about the statistical significance of these results was often lacking and the study methodologies used were not of high quality.ConclusionNearly all studies showed results in a positive direction. However, the quality of the included studies was mostly low and intervention characteristics were poorly described.