海事司法中扣押方便旗船的可行性及途径探析

在国际海事司法实践中,扣押船舶是非常重要的一种担保债务人履行债务的方式,但是在两大法系中,船舶扣押制度的性质不同,实现方式也不同。如果涉及到方便旗船扣押,情况会变得更复杂。因为方便旗船涉及到船舶登记所有人、实际所有人及经营人等几个当事人之间复杂的关系,形成了几种不同的方便旗船运营模式,这给海事请求权人提起扣押方便旗船的申请带来了困难。文中通过分析两大法系针对船舶扣押的不同态度,基于剖析几种不同的方便旗船经营模式,分析海事请求人提出扣押方便旗船申请的可行性及可能的途径,从而保障海事请求权人的合法权益。     

Some unsettling maritime terms: the interpretation of found, cargo, ballast and voyage

This paper examines the meaning of four common maritime and admiralty terms: found, cargo, ballast and voyage . These terms are problematic because their definitions are elastic which makes application of the terms difficult. The four terms are important because significant legal consequences are attached to each of them, particularly for seamen on flags of convenience (FOC) and crews of convenience (COC) vessels in US ports. The findings of the author are based on personal experience as well as research conducted in preparation as an expert witness in several maritime cases in both the US District Courts and in Louisiana State Courts, personal interviews with seamen on FOC/COC vessels, interviews with legal and economic experts on the international maritime industry and officials of national and international labour organizations.     

危险货物集装箱水上运输风险与管理对策

随着海上运输方式的不断发展,集装箱运输以其安全、高效、便利、快捷的优点,赢得市场青睐。近年来,海运危险货物不断呈现出集装化和散装化趋势,集装箱运输的危险货物量越来越多,事故发生率在逐年增加。文中以现有的法律、法规和规范为依据,结合实际工作经验,阐述了危险货物集装箱水上运输的安全监管对策。     

东营港某桩基引桥工程防冰设计

结合目前国内冰荷载研究现状,主要介绍了东营港某桩基工程的冰荷载类型、冰荷载计算方法及防冰设计方案,从施工难易程度、施工工期、投资造价等方面考虑,着重分析比较了预制挡冰裙和基桩外包钢皮这两种防冰措施的特点,并总结了海港工程防冰设计应注意的主要事项,供同类工程设计时参考、借鉴。     

Shipping and the competitive advantage of nations: the role of international ship registers

This paper argues that the creation of international ship registries by traditional maritime countries will not sufficient to halt the decline of their fleets. Over the last two decades shipping has undergone profound restructuring, characterized by a trend towards globalization and a search for a more efficient factor input combination. While shipowners from OECD countries have relied increasingly on flags of convenience, new maritime countries, particularly from Pacific Asia, have emerged, taking advantage of low-cost inputs and supportive national national environments. In the late 1980s the traditional maritime countries responded to the challenge by introducing international ship resistries. The Norwegian International Ship Registry is the most liberal and has the greatest success. Other new registries have limited impact. It appears that an international ship registry per seis not sufficient to reverse declining national fleets.     

Factors affecting tanker safety

The major factors influencing tanker safety are discussed. For the discussion information has been gleaned from maritime labour officials, industry experts and a recent United States Coast Guard study on tanker safety. Results of other tanker safety studies and/or accident reports are also utilized. Some of the factors analysed are the size and age of vessel, licence qualifications for mates and engineers and manning levels. Other factors are those related to or attributed to flags of convenience and the pressure to maintain shipping schedules.     

无缝隙视角下海事机构网上行政审批“全程网办”改革研究

近年来,公众在"互联网+政务服务"中体验到了人性化、便捷化、多元化的优质服务,但网上行政审批"全程网办"也出现了多重问题。以扬州地方海事为研究案例,以"无缝隙政府"为研究理论框架,提出了构建无缝隙的网上行政审批"全程网办"的路径。     

Rethinking maritime privatization in Africa

While recognizing the need for increased participation of the private sector in the maritime industry of developing countries, there is a need to go beyond the call for privatization in terms of mere change of ownership from state to private sector as the only solution to the inefficiency of the maritime industry in developing countries. This limited understanding of the maritime problems of these countries abounds in the literature on maritime privatization. This study departs from this approach and focuses on the political economy of the maritime industry, and suggests that maritime privatization will not necessarily result in increased efficiency of the divested maritime enterprises. Rather, it argues that maritime problems in these countries have less to do with ownership than with the structural constraints in world shipping together with internal management and local ~olitics. The maritime industrv in West and Central Africa is used as a case studv. and recommendations such as selective privatization, 'programme contract', and most importantly, corporatization, are suggested as alternative strategies that could enhance maritime privatization and the development of the maritime industry in developing countries.     

A method for extracting key performance indicators from maritime safety management norms

The maritime transportation industry currently employs several mandatory and non-mandatory norms of organizational safety management. These safety norms are commonly included in integrated maritime safety management systems, which aim at developing, monitoring, controlling and improving the safety of all related shipping operations. These systems are typically evaluated by following key performance indicators, which enable defined measures for various safety management components. However, the identification of indicators addressing safety management requirements constitutes a complex and generally unsystematic process for safety managers in the maritime industry. This article proposes a new method to assess the guidelines available in maritime safety management norms. The proposed method is applied to assess the content of two maritime safety management norms. The aim of this assessment is to identify a set of maritime safety management indicators that can systematically measure the most relevant components of maritime safety management. The application of this method resulted in the identification of 53 key performance indicators for monitoring and reviewing 23 identified safety management components that are commonly integrated into the functioning of maritime safety management systems. The method proposed provides guidance to accurately capture the actual aim and function of the key performance indicators. Furthermore, the indicators and safety components obtained with this method can be adopted as the basis for a safety management system and/or for the analysis of a safety management system already established in the industry.     

Evaluating the knowledge of experts in the maritime regulatory field

Regulations are introduced by the International Maritime Organization (IMO) into the maritime industry as the result of safety accidents and/or pollution incidents. When there is lack of historical data, then the IMO appoints experts in order to collect information regarding the costs and benefits generated to a stakeholder of the maritime industry once implementing a maritime regulation. Therefore, the role of experts in providing qualitative and quantitative information is crucial with respect to the quality of the maritime regulatory process within the IMO or other regulatory authorities. In this article, a methodology is proposed involving common criteria in determining the expertise of an individual in the maritime regulatory field. As essential part of the research methodology, analytic hierarchy process (AHP) is utilized to determine the expertise of an individual based on his/her own judgements. The regulatory authorities and other stakeholders of the maritime industry may use this method when selecting experts for decision-making. In this article, a simulation is carried showing the potentials of the AHP methodology in expertise evaluation followed by a case study.     

Maritime safety: To be or not to be proactive

The purpose of this paper is to address important issues regarding policy formulation in the maritime safety area. The main thesis of the paper is that there is some way to achieve a truly proactive maritime safety regime, and there even seems to be recent progress toward this end. A qualitative assessment on the nature of maritime safety policies and on the way that these are put forward is attempted, along with some opinions on the possible pitfalls and on what needs to be done so that this process can be further improved.     

Effective maritime security: conceptual model and empirical evidence

In recent years, the issue of maritime security has become a major concern on the international maritime agenda. One of the issues in this respect is how to enhance security while not jeopardizing organizational efficiency and effectiveness, or to manage security effectively, e.g. facilitating the smooth flows of materials while enhancing supply chain security at the same time. In addressing this issue, we place three cornerstones for the effective management of security in maritime transport: quality management (QM), risk management (RM) and business continuity management (BCM). A conceptual model of effective maritime security, including 13 dimensions and 24 associated critical success factors, is devised following this reasoning. The model was tested through a survey of 119 maritime transport organizations and 25 interviews conducted in Vietnam. Findings support that all proposed 24 factors are valid and should be used as critical factors for success in effectively managing security in maritime transport, in that those involving security incident handling and response are rated as the most important in magnitude, along with security risk assessment, risk-based security mitigation strategies and plans, and senior management commitment and leadership. Managers can use the model designed and tested in this research to develop a checklist of essential components for their company's security management policies, strategies and plans. The use of a universal checklist to evaluate maritime security management would also greatly facilitate benchmarking across organizations in the industry.     

Maritime transportation research: topics and methodologies

The purpose of this paper is to review and analyze maritime transportation academic research. For articles published in Maritime Policy & Management (MPM) in the period 2001 to 2012, the most frequent topics addressed include shipping performance/management and shipping finance. For articles published in Maritime Economics & Logistics (MEL) in the period 2002 to 2012, the most frequent topics addressed include port performance and shipping performance/management. MPM articles are more likely than MEL articles to utilize the institutional (IS) methodology and MEL articles are more likely than MPM articles to utilize the optimization (OP) methodology. Maritime transportation proposition theoretical research may be particularly useful in undertaking research in maritime transportation areas for which data are unavailable, insufficient, difficult to obtain, or of poor quality. Future maritime transportation research needs to include focus on: (i) maritime shippers, (ii) maritime transport chains, (iii) maritime transportation as a service, (iv) the quality of maritime transportation, and (v) maritime theoretical proposition research.     

协同治理视角下海事智慧服务研究——以“一网通办”为例

该文旨在从公共服务的角度出发,以协同治理的理念对“互联网+政务服务”在智慧海事方面发挥的作用进行研究以及提升。主要采用数据分析法、文献分析法、访谈法等方法回顾了国内外政府以及海事机构的智慧服务发展历程,以“一网通办”为主要研究对象研究了目前海事系统“互联网+政务服务”的发展特点及问题,从而结合协调海事政务服务模式提出了数据赋能,整合完善系统;强化内功,加强宣传培训;部门协同,促进资源共享三点建议。     

When seafaring is (or was) a calling: Norwegian seafarers' career experiences

Careers are seen as important to individuals, organizations and to the world at large. As globalization processes continue to transform seafaring careers, David Cockroft's 'Editorial', published in the 30-year issue of this journal, calls on the maritime community to recover fundamental aspects of the human element that made seafaring an attractive career option 1. Norway has historically been the 'essence of maritime things'; where seafaring may be considered an 'ancestral 'calling'. Due to the current public and academic attention placed on the Norwegian 'maritime cluster', there exists a dearth of academic studies focused on the experiences of the highly qualified Norwegian seafarers who helped to shape the maritime industry. Drawing upon the literatures in both career research and maritime studies, in-depth conversations with 41 Norwegian seafarers attempt to redress this imbalance; to unpack some of the human 'elements' connected with seafaring careers. The qualitative method of career narratives is used in order to explore the richness of experiences associated with seafaring as a calling; to identify both contextual facilitators and contextual hinderers associated with going to sea. Norwegian scholars are encouraged to participate in future conversations with multiple maritime stakeholders to continue the process of recovering the call to seafaring careers.     

浅析海事主管机关从事或控制救助作业中的有关补偿问题

文中主要介绍了海事主管机关从事或控制的救助作业的性质和状况,针对在实施救助过程中．涉及到耗用社会资源的补偿问题,特别是从执行救助方委托海事部门与被救助方协商补偿事宜及时实现补偿的务实操作等方面进行了分析,并提出了有关意见及建议,     

Battening down the hatches: How should the maritime industries weather the financial tsunami?

This paper investigates the major impacts of the financial tsunami on the maritime industries, notably port and shipping. The maritime industries are still reeling from market declines, with stakeholders still attempting to weather the storm as best as they can through various strategies. However, such strategies are not uniform, where significant diversifications have been noted between major markets and stakeholders. Looking ahead, this paper has identified four major issues, of which they are believed to play key roles in shaping the maritime industries in the post-2008 world. They include the changing patterns of global trades, the importance of being green, the changing government-industrial relations and the need for transparency. Each of these issues has the potential to alter the future maritime industries in diversified, but significant, ways.     

论海难形式的区分和界定

海难是承运人对货损主张免责最常引用的抗辩,共有3种形式,本文分别予以区分和界定,并对其构成的基础加以分析,认为船舶适航是构成海难的前提。     

Knowledge management for maritime logistics value: discussing conceptual issues

This paper introduces the concept of maritime logistics value as one of the most significant strategic goals that maritime operators want to achieve. The value is reflected in operational efficiency (e.g. reducing lead time and business costs) and service effectiveness (e.g. flexibility, responsiveness and reliability in the service). Drawing from key theories and practices in strategic management such as knowledge-based perspective and social network embeddedness perspective, this paper adopts a knowledge management strategy as a way to create and sustain the maritime logistics value. A conceptual framework is established for the exploration of the way to acquire knowledge and the effectiveness of the acquired knowledge in maximising the maritime logistics value. Following the parameters of this framework, the positive relationship between social networks, knowledge acquisition and maritime logistics value is identified, and its relevant theoretical and practical implications are discussed.     

立体监管模式下海事巡逻船信息系统建设思路及发展方向

随着海事监管模式的转变,对海事巡逻船的信息化水平有了更高的要求。阐述了国内海事巡逻船信息化建设的现状,详细介绍海事船舶信息化实施、应用经验和成果,总结船舶信息化建设中的主要问题。为适应立体监管模式下海事业务发展,就建设中存在的问题提出解决方案,并结合交通运输部“十三五”信息化发展规划对海事巡逻船信息化发展方向进行展望。