完善船舶所有权管理法律制度探讨

本文通过对我国船舶所有权管理中存在问题的分析，提出了要完善我国船舶所有权管理法律制度，并结合物权、海商法理论和有关实践，分别从完善船舶所有权登记与所有权管理行政处罚法律制度两方面对此进行了初步探讨。     

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。     

Information Management in Beach Planning

Abstract

This article concerns optimizing the use of environmental information for creative planning. It arose from a detailed study of the status and management of the coastal dunes of New South Wales, Australia, and discusses the way in which ideas for optimizing the management process were developed, and applied to three beach environments on the coast of New South Wales, Australia.

The problem of coastal beach/dune management may be thought of as being similar to a production function in which the inputs are the land resource, the skills and knowledge of managers, finance, and materiel. The outcomes are in the form of experiences, or opportunities for experiences, either passive or active, either consumption values or option values, desired by the coastal user population (which includes the resource managers themselves). The resource manager's task is to manipulate the “production function”; in order that the outputs will best mesh with the expectations of the user population and with the capability of the land resource to deliver on a sustained basis. An aim of the project was to develop a method for the specification of different possible outputs from the production function, in different beach/dune environments, and that could be used to assist in the preparation of advice on appropriate recreational development, allowing decisions to be based on both environmental data and information on the expectations, activities, and amenity preferences of beach users.     

通过信息化手段提高交通运输行政执法效率

目前,国内交通行政执法过程中以信息技术为手段进行执法的单位相对较少,处理案件、人员信息记录和考核培训等工作仍以传统纸质方式进行,工作效率不高。通过分析目前交通行政执法信息化建设方面存在的问题,阐述了以信息手段提高交通行政执法效率的必要性,并提出了交通运输行政执法综合管理信息系统在行业中的实践应用方案。     

由行政许可的规定谈船舶签证管理方式的改进

文中在介绍船舶签证行政许可性质来源的基础上,根据我国《行政许可法》对行政许可的有关规定,以及其他有关的法律文件,结合船舶签证管理现状,分析了船舶签证设定为行政许可事项存在的若干问题,提出了改进船舶签证管理方式的建议,并阐述了船舶签证由行政许可审批改为行政报备管理方式的必要性和可行性。     

A Review of Beach Bye-Law Usage in Supporting Coastal Management in Ireland

Coastal areas are commonly the focus of a range of human activities and uses. Beaches are one example of multi-use coastal environments, accommodating activities linked to leisure and recreation, amenity, conservation and business, often simultaneously. Ireland is no different in this regard, as its beach resources provide a range of goods and services of societal value. Ireland has 16 coastal counties and their associated local authorities have a beach management remit, a role that can present a number of challenges. The use of beach bye-laws is one option to support management of beach environments by local authorities. Local authority personnel tasked with beach management from each coastal local authority were surveyed to assess the actual and potential role of beach bye-laws in contributing to more effective management of beach environments and to broader coastal management. Usage of beach bye-laws varied across local authority areas and evidence suggested that the efficacy, use, and implementation of beach bye-laws differed from county to county. Beach bye-laws offer potential but interaction with other initiatives as part of a wider program for coastal management may yield improved results.     

海事行政处罚自由裁量权的控制

行政处罚作为一种最严厉的制裁性行政行为,其自由裁量权若被滥用必将严重影响我国的法制建设。文中对海事行政处罚自由裁量权加以探讨,按照合法与公正的原则,研究如何有效控制自由裁量权的行使,以期有利于海事执法部门正确、及时而有效地执法,切实保障海事相对人的合法权益。     

The Landscape of ICM Learning Activities

While scores of millions of dollars have been invested in coastal research, the proportion spent assessing the effectiveness of alternative management tools and analyzing how program attributes and contextual factors shape program outcomes is relatively small. Like other professionals, ICM practitioners are constantly seeking to "make sense" of what is happening in their program design and implementation activities as well as solve specific problems. Such learning involves gathering information about experience, processing this information to generate knowledge, and then applying that knowledge to create changes in organizational structures or practices. This article identifies some of the formal and informal "inquiry strategies" by means of which ICM intellectual capital can be expanded and lessons can be identified. The first section briefly focuses on the types of uncertainties and knowledge gaps around which learning activities need to be organized. The second and primary section reviews some of the formal "sense-making" and inquiry activities for harvesting ICM experience and creating lessons. The third section identifies some of the ways the knowledge gleaned from these inquiry strategies gets expressed.     

海事行政强制研究

《中华人民共和国行政强制法》是规范行政机关开展行政执法工作的重要法律,该法颁布实施结柬了行政强制长期无专门法可依的局面,文章通过对海事行政强制现状分析,指出海事行政强制存在的问题,对照《中华人民共和国行政强制法》要求,提出完善海事行政强制建议、     

Wakes from Large High-Speed Ferries in Confined Coastal Waters: Management Approaches with Examples from New Zealand and Denmark

Large high-speed craft carrying passengers and vehicles produce wake waves that are different from both conventional vessels and smaller fast vessels. Wakes from these high-speed craft can cause environmental problems (such as beach change, ecological disturbance, and damage to structures and archaeological sites) and safety problems (for navigation and for users of the beach and nearshore) in confined waters. As a consequence of the higher speed, the vessel wakes also have a longer period than wakes caused by conventional ships and may lead to substantial wave action in shallow water environments. In both New Zealand and Denmark, issues relating to high-speed craft wakes were not addressed until after the vessels had begun operation, and complex coastal management issues with possibly broader application have had to be addressed. Emerging management strategies have involved regulation using speed and wave height criteria.     

The First Step for the Environmental Management of Australian Beaches: Establishing an Effective Policy Framework

Beach management and coastal management are interwoven and scale-dependent activities in Australia. Present coastal policies are broad and designed for large, national, and statewide scales. They specify ecologically sustainable development as the overarching goal for coastal management and provide the context for beach management. On smaller scales, an approach focusing on the reduction of geomorphic hazards as the basis of beach management was established by the Coastline Hazard Policy, with nonhazard aspects of beach management such as ecological, economic, and social concerns assuming secondary importance. Although beach management can occur effectively under these coastal management arrangements, better guidance is required to make this process as effective and efficient as possible. This guidance - the policy framework - could be better developed for beach management and better integrated with existing coastal management arrangements. While this policy development is not strictly necessary to achieve positive outcomes from beach management, it is necessary to effectively guide implementation of the existing broad coastal policies. Effective goals for beach management are yet to be thought out and clearly articulated in Australia. A good start would be to couple the present goals of ecologically sustainable development and hazards reduction into a coherent goal for beach management. A specific policy for beaches should be developed given the importance of beaches in Australia.     

Development of Beach Analysis Tools for Caribbean Small Islands

Beach erosion presents a hazard to coastal tourism facilities, which provide the main economic thrust for most Caribbean small islands (CSIs). Ad hoc approaches to addressing this problem have given way to the integrated coastal zone management (ICZM) approach, which recommends data collection, analysis of coastal processes, and assessment of impacts. UNESCO's Coast and Beach Stability in the Caribbean (COSALC) project has provided most CSIs with an opportunity to monitor their beaches and collect over 10 years of data. Research has been directed at integrating these data with geographic information systems (GIS) and other information technologies to develop a prototype beach analysis and management system (BAMS) for CSIs. This article presents the results of phase I development of this effort, which includes the development of tools for integrating spatial and non-spatial coastal data, estimating long-term beach erosion/accretion and sand volume change trends at individual beaches, identifying erosion-sensitive beaches, and mapping beach erosion hazards. The Southeast Peninsula, St. Kitts, is used as a case study to develop these tools and demonstrate system functionality.     

海事行政强制措施研究

文中以《海事行政强制实施程序暂行规定》集中列举的17种传统行政强制措施为例,对传统海事行政强制措施的分类和存在问题加以分析,并以一般性与特殊性相结合的原则对《行政强制法》视角下海事行政强制措施的范围提出了建议。     

An Institutional Model for Comanagement of Coastal Resources in Fiji

In light of increasingly depleted coastal resources under the current management structure, this article explores the institutional arrangements that would be necessary in Fiji to create and implement a viable comanagement regime that would devolve some of the responsibility for management to the communities. Based on the literature concerning institutions for comanagement and the present situation and the institutional management structure in Fiji, it is recommended that government act as the catalyst by putting forth an enabling policy framework for comanagement that formally recognizes customary marine tenure. Such a policy should allow communities to derive bylaws from local rules, through shared management and technical assistance at the provincial level. At this same administrative level, planning units are recommended to coordinate government management of activities in the coastal zone.     

Resilience of Touristic Island Beaches Under Sea Level Rise: A Methodological Framework

This contribution addresses the need for a simple model for managers to employ when planning strategies for the management of touristic beaches under sea level rise. A methodological framework was developed and tested in two Aegean archipelago islands (Lesvos and Rhodes, Greece). The scheme can represent the status of touristic island beaches, based on easily obtained variables/indicators and projections of beach erosion/retreat under different scenarios of mean sea level rise (MSLR) and extreme events. Information on beach geomorphological characteristics, environmental setting, water quality, management, and services (such as those used in the “Blue Flag” classification) was collated/collected and beach erosion/retreat due to CV & C was estimated through suitable ensembles of cross-shore (1-D) morphodynamic models. A Strength-Weaknesses-Opportunities-Threats (SWOT) framework was employed to assist in the selection of indicators and multicriteria analysis used to optimize indicator weights and rank beaches according to their sustainability under sea level rise. Implementation of the framework at the two islands has shown that: the majority of Lesvos and Rhodes beaches (82% of a total of 217 beaches and 58% of a total of 97 beaches, respectively) can be classified as beaches with no, or minimal, human interference, suggesting that under environmentally sound coastal management further touristic development might be afforded; there could be very significant effects of the sea level rise on the carrying and buffering capacities of the most developed (“Blue Flag”) beaches, with some expected even under conservative projections to be completely eroded by 2100, unless technical adaptation measures are taken; and using the proposed framework, touristic beaches can be rapidly ranked in terms of their resilience to sea level rise and their development potential, allowing prioritization of effective management responses.     

Management and labour in shipping: A role for co-operatives

The employment and management policies of the shipping industry are in legal and administrative confusion. The shipping industry is struggling with an unworkable global governance based on flag state sovereignty and a sanctionless international regulatory regime. Seafarers suffer most from this state of affairs, but so do the shipping industry’s public image. Few co-operatives of maritime workers exist in national or international shipping. A new employment theory is long overdue. Human centred management policies can only attain their full potential through co-operative or mutual associations. This paper describes the application of enlightened and socially conscious management principles to the shipping industry. Seafarers’ co-operatives are the future organisational building blocks of the shipping industry. Co-operatives can rescue maritime workers from developing countries from exploitation and the debilitating effects of casual labour by providing “all in one” seagoing and shore based professional careers. Seafarers’ co-operatives can solve the shipping industry’s maritime training and education problems. The seven universal principles of co-operative management will guide shipping management in setting human centred objectives that command respect of those who come in contact with the shipping industry.     

Spatial and Temporal Modeling of Beach Use: A Case Study of East Anglia,UK

As tourists are sensitive to weather conditions and changes to the environments they visit, it is likely that climate change will affect coastal recreation in the future. To understand these impacts, it is first important to quantify how visitor numbers are associated with beach characteristics and weather patterns. Using the East Anglian coastline, UK, as a case study, information on the spatial distribution of visitors recorded from aircraft flights is combined with beach characteristic data in a Geographical Information System. In addition, surveys are undertaken at two beaches to assess temporal variations in visitation. The study finds a diverse range of characteristics are associated with visitor numbers. These findings are evaluated alongside the anticipated effects of climate change and management policies. Although it is predicted that warmer weather will increase visitor numbers overall, sea-level rise may reduce numbers at wide sandy beaches, which are currently most preferred by tourists.     

Surfer and Beachgoer Responsiveness to Coastal Water Quality Warnings

Fecal contamination of coastal waters has led local public health agencies to issue tens of thousands of beach advisories annually and to advise against ocean swimming and surfing for 72 hours following a rain. The responsiveness of recreationists to beach advisories and the “72 hour rule” is estimated by merging four years of multi-daily surfer and beachgoer counts at one beach in Southern California with hourly data on beach advisories, recent precipitation, meteorological conditions, and the UCSB academic calendar. Both surfing and beach-going decreased significantly following rainfall in response to the 72 hour rule, showing that recreationists are willing to engage in health risk-reducing avoiding behavior. However, neither surfing nor beach-going decreased significantly during beach advisories. Surfers were significantly more responsive to beach advisories during dry periods than during wet periods, consistent with the hypothesis that recreationists are most likely to respond to a risk warning that they believe provides accurate and additional health risk information beyond what they can observe personally. Additional studies of beach advisories elsewhere could clarify whether responsiveness to beach advisories varies by recreationist demographic, recreational activity, frequency of advisories, or frequency of repeat visitation. Increasing the accuracy and additional information provided by beach advisories, as proposed by numerous authors, could lead to increased responsiveness.     

On Social Distress,Littering and Nature Conservation: The Case of Jisr A-Zarka

Studying perceptions of litter and littering behavior among marginalized, poor and undeveloped communities is important since these populations frequently inhabit important conservation sites. Jisr-A-Zarqa ("Jisr"), is a coastal town on the Mediterranean shores of Israel and one of Israel’s poorest, densely populated communities. Litter accumulation in the streets and beach of Jisr is a known problem, and its proximity to the nearby stream and beach makes the study of littering important for the conservation of the coastal and marine habitats. I studied residents’ perceptions of litter and littering practices and found that littering and waste accumulation are surface indicators of profound underlying social, economic and political constraints, problems and distresses. These must be considered as an integrated context and addressed when designing litter-reducing interventions.     

试论水上交通事故责任认定的不可诉性

对水上交通事故责任认定不服,是否可以提起行政复议或者行政诉讼这一问题,在海事管理机构内部一直持有不同的观点。文章通过对法学的理解,分析了水上交通事故责任认定的特点、行政行为的法理分类和司法判例等诸多方面,提出不服水上交通事故责任认定不宜通过行政诉讼途径解决的观点。