基于MARPOL公约的船舶防污染策略浅析

针对MARPOL公约新要求，结合船舶防污染形势，从立法、航运企业、海事机构、港口码头、设备制造商、航海院校等不同角度分析讨论，提出防污染策略和建议。     

Ballast Water Risk Indication for the North Sea

The ballast water from ships carries marine organisms that have invasive potential. The International Maritime Organization Ballast Water Management Convention (2004) requires ballast water exchange or ballast water management (BWM) systems either onboard or ashore. Ships can be exempted on the basis of risk assessment, when exclusively sailing between specific ports or in an enclosed area. In reply to our questionnaire, the shipping sector argues that the North Sea is ecologically homogeneous and exemptions could therefore be granted. This paper proposes that the North Sea area is, in fact, not homogeneous in terms of hydrographical and biological conditions; therefore, ballast water is a relevant transport mechanism for organisms. Within the North Sea, the short shipping routes indicate a high risk for survival. We examined actual simulation models for ballast water risk assessment in the North Sea, and we have identified the major parameters that need to be included in such models. These models provided a basis; they further need to be combined and adapted for the purpose of evaluating the rationale for an exemption. We concluded that exemptions from BWM are not recommended for the North Sea area. Anticipating the Ballast Water Management Convention, ship owners might do well to study possibilities for installing BWM systems onboard.     

从新《海上交通安全法》谈我国海洋安全权益维护

近年来,我国采取分散立法的方式制定了一些涉及海洋安全权益的法律条文,但仅仅停留在对海洋主权的宣示上,没有针对海上安全权益维护规定具体的措施与执行办法,新修订的《海上交通安全法》在某些程度上弥补了我国针对海洋安全权益维护相关法律条款的不足,顺应了国家海洋强国战略的整体要求.从新《海上交通安全法》的内容出发,通过对涉及海上...     

我国实施国际海上人命安全公约的不足及改进建议

《1974年国际海上人命安全公约》于1980年5月25日对我国生效以来,经过政府、各级海事管理部门、港口行政管理部门、船公司等有关部门和人员的共同努力,较好地实施了公约及其修正案的履约工作。但是,我国在执行SOLAS 1974中也存在一些不足之处。探讨我国履约工作存在的问题和不足,并提出改进建议。     

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。     

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.     

The place of the ISPS Code in the legal international regime

The adoption of the International Ship and Port Facility Security Code (ISPS Code) is the latest response of the international shipping community to the increasing threat posed by acts of terrorism at sea. The ACHILLE LAURO incident of 1985 showed that the traditional law against piracy was not adequate to deal with new types of unlawful acts against international shipping, especially those involving acts of terrorism. The 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) and the technical and administrative measures adopted by the Maritime Safety Committee of IMO in 1986 and 1996 attempted to develop a broader regime to deal with unlawful acts against international shipping.However, the events of September 11, 2001 showed that additional measures were still needed to prevent terrorist attacks against ships.     

The enforcement of shipping standards under UNCLOS

This article discusses the enforcement of shipping standards, with a particular focus on Part XII of UNCLOS. Section 6 of Part XII contains the only comprehensive set of vessel-related enforcement provisions in the Convention, but the Part’s scope is limited to “the preservation and protection of the marine environment.” Therefore, not all shipping standards fall clearly within Part XII’s ambit, including those centered on safety, security, and crewing considerations. The enforcement provisions of Section 6 are favorable to flag states and their vessels, and Section 7 contains a number of safeguards for their benefit, so it is in the interests of these parties to have coastal state enforcement governed by Part XII. However, the ability of coastal states to establish and enforce shipping standards that apply within the territorial sea extends to more than just environmental matters. The result is that different standards give rise to different enforcement powers, depending on the maritime zone in which a vessel is located, even if those standards arise from the same international agreement. It is suggested that to remedy these problems, UNCLOS would need to be amended in order to provide a comprehensive enforcement regime for the enforcement of shipping standards.     

Direct shipping across the Taiwan Strait: flag selections and policy issues

The restriction on direct shipping across the Taiwan Strait under which ships registered in Taiwan were banned from calling at China’s ports might have restricted the expansion of the Taiwanese flagged fleet. The cross-strait direct shipping link was established since the Cross-strait Sea Transport (CST) Agreement was signed in 2008. According to the Agreement, only ships owned and registered on either side of the Taiwan Strait or registered in Hong Kong may, with due approval, engage in direct cross-strait carriage of cargos and passengers. The aim of this study is to find the optimal flag selection for Taiwanese shipping companies under the provisions of the CST Agreement. The Fuzzy Analytic Hierarchy Process (FAHP) method is applied to find the preferred registry location among Taiwan, Hong Kong, and China. Sensitivity Analysis is also applied to test how criteria weights influence three alternative hierarchies. The results show Taiwan is the lowest priority with an unchangeable position in flag selection because Taiwanese national fleets mainly suffered higher operational costs. A lower tax rate and appropriate financial systems are therefore recommended in revising relevant shipping policies. Furthermore, to assist shipping companies to obtain China’s approval is also helpful to inspire ships flag back.     

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 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 impact of port operations on efficient ship operation from both economic and environmental perspectives

Recently, shipping lines have focused on efficient ship operation, which relates to energy efficiency issues in shipping and, particularly, to operational issues such that the minimisation of fuel consumption and resulting greenhouse gas emissions. Efficient ship operation in container lines is closely related to the ship’s time at sea and ship’s time in port. Reduction in port time, thanks to high-quality port operations, allows improvement in the operational efficiency of a liner service by reducing the fuel consumption of a ship at sea and its resulting CO₂ emissions. The main goal of this article is to investigate how time in port affects efficient ship operation in terms of operating costs, CO₂ emissions and externalities. For this, as a methodology, a simulation based upon system dynamics is introduced. Major finding is that less time in port resulting from the improvement of port operations contributes to efficient ship operation in terms of operating costs, amount of CO₂ emissions and external effects in the liner shipping industry. In particular, a sensitivity analysis on efficient ship operation vis-à-vis the quality of port operation shows that bigger ships need to select highly productive calling ports that provide less time in port.     

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.     

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.     

Who Owns Underwater Cultural Heritage in the South China Sea

The South China Sea has attained global attention because of terraria disputes over oil, gas, fisheries and other resources in the sea area. Compared with the valuable natural resources, the underwater cultural heritage is not recognized or considered, but is an important legacy of many losses of vessels over centuries. Recently, the surrounding states in the South China Sea have taken measures to preserve underwater cultural heritage in their sea waters. However, the current complicated situation of the South China Sea intensifies the difficulties of protection of underwater cultural heritagein that area. There is an important and interesting potential issue of identification of ownership of underwater cultural heritage because of differences of legislation and claims to jurisdiction. Under the current information of legislation of some states in the South China Sea, it can be understood this issue cannot be avoid on the protection of underwater cultural heritage. This article discusses potential disputes over ownership of underwater cultural heritage in the South China Sea based on the different legislation of several states (China, Vietnam and Philippines) and proposes some possible suggestions for resolving the issue of ownership, rather than performing a primary research.     

Impact of scale increase of container ships on the generalised chain cost

In recent years, an increase in the size of the container ships could be observed. The question is how these larger ships will influence the total generalised costs from a port of loading to a destination in the European hinterland. The second question is whether a scale increase of the container ships on other loops, such as a loop from the United States to Europe, has the same impact on the generalised chain costs as on the loop from Asia to Europe. A derived question is which element of the total chain has the highest importance, and whether this balance varies as the ship size changes. In this article, a model is developed that allows answering the above research questions. The model is designed to simulate the cost of a complete loop of a container ship and of a chain that uses that same loop. For the chain cost simulation, the maritime part is determined by the loop. From the ports of loading and unloading, the port container handling and the hinterland transportation costs are also integrated. The model also allows calculating the total chain cost from a point of origin (either a hinterland region or a port) to a destination point (also a port or a hinterland region). An actual container loop of a container shipping company can be introduced in the model. An application is made to two existing container loops, namely from Asia respectively the United States to Europe. It turns out that changing ship does indeed lead to economies of scale, but also that the impact is larger on the Asia–Europe connection than on the US–Europe connection. Furthermore, the maritime component has the biggest share in the total chain cost, but as ship size increases, the shares start getting closer to each other. This research contributes to the existing literature in two ways. First of all, it quantifies the impact of the scale increase of container ships throughout the total chain. Second, this is done from a bottom-up engineering modelling approach.     

Old laws for new risks at sea: mineral resources, climate change, sea lanes, and cables

Maritime security in a broad sense means more than piracy and terrorism. This paper concentrates on the risk potential of current and future resource-related activities on the seabed. The seabed mining of hard mineral resources??in addition to hydrocarbons??leads to new controversial maritime boundary claims of states in their effort to expand national access rights to raw materials. Outer continental shelf claims in the Arctic Ocean are today's test bench for law of the sea conflicts. Fiber-optic cables running through regional seas, straits, and land bridges may become another risky issue, while the pattern of maritime transport routes is moving from Northern to Southern waters. Under a medium-term perspective, the sea level rise will endanger ports and coasts. Borderlines of maritime zones will move and thus generate more injustice and conflicts among states. The tools to solve borderline conflicts and options for dispute settlement are available in UNCLOS. Some other legal gaps are covered by the 2005 SUA Convention and by bilateral agreements, while resolutions by the UN Security Council begin to broaden rights of intervention and interdiction. The need for new laws remains.     

A game-theoretic analysis of competition among container port hubs: the case of Busan and Shanghai 1

Countries throughout the world, and especially within Asia, are investing heavily in container port infrastructure in the hopes of capturing a larger share of global shipping activity for their economies. Many existing ports are emphasizing developing the capacity to serve as a hub port, building deepwater berths with large terminals to facilitate transfer of containers from feeder ships to mother ships for intercontinental transport. We develop a game-theoretic best response framework for understanding how competitor ports will respond to development at a focus port, and whether the focus port will be able to capture or defend market share by building additional capacity. We apply this model to investment and competition currently occurring between the ports of Busan and Shanghai.     

The impact of low sulphur fuel requirements in shipping on the competitiveness of roro shipping in Northern Europe

Annex VI of the MARPOL Convention aims for a reduction in sulphur oxide emissions from ships. The limits applicable at sea in Emission Control Areas (ECAs) were reduced from 1.5% to 1% in 2010 and are planned to be further reduced to 0.1%, effective from 1 January 2015. This paper analyses the impact of the International Maritime Organization’s Tier II/III standards introduced by Annex VI amendments adopted in October 2008 on costs and prices of roro (roll on/roll off) traffic in the ECAs in North Europe and on the competitiveness of roro shipping in the ECAs compared to trucking. We demonstrate that the new Annex VI agreement may be quite costly for the participants in the shipping industry and will result in higher freight rates. Based on a detailed price analysis on modal competition between the roro/truck option and the ‘truck only’ option on thirty origin–destination routes linked to the ECAs, we conclude that the use of low sulphur fuel is expected to increase the transport prices particularly on the origin–destination relations with a medium or long short sea section. The paper also presents the results of a survey among leading short sea operators in the ECAs in view of providing more insight on expected modal shifts and price elasticity in the short sea market.     

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.