海南自由贸易港背景下航运新特征对海事管理的要求及对策研究

随着海南自由贸易港建设的深入推进,我国将在海南实施更加开放的航运政策,建立与国际接轨的国际船舶登记制度,海南航运业将呈现新的特征.作者对海南自由贸易港建设背景下海南航运进行了展望,分析了未来海事管理工作面临的新考验,并提出海事部门要强化自身建设,不断推进海事治理能力和治理体系现代化,以适应高速发展的航运经济.     

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.     

Shipping operations support in the “High North”: examining availability of icebreakers along the Northern Sea Route

A rather significant number of business entities already operate within (or, have considered to exploit) the Arctic region, focusing upon previously untapped resources such as precious minerals and large quantities of oil and gas; touristic and fishing activities are clearly on the rise, with various endeavors of maritime transport also being put forward. Up until recently, harsh year-long environmental conditions have significantly hindered the necessary access and transport connections in the Arctic. Even in the case that weather conditions did permit vessels’ passage, unreliable navigational aids and lack of infrastructure/support provided obstacles difficult to overcome. However, environmental data recorded during the last couple of decades clearly indicates that there is a continuous decline of ice coverage in the “High North.” Given this steady decline, the Arctic has now been viewed as a promising field for economic activities and is considered as a potential connecting corridor between Asia and Europe/America (and vice-versa). As human presence and operations are expected to intensify there, it is of utmost importance to evaluate the current level of support towards ships that will be crossing the region; capabilities in relation to search and rescue (SAR) operations and oil spill response are also important. The analysis in hand will first deliver a discussion of the so-called Arctic Passages. While various different maritime routes have been proposed in relation to the Arctic, the most promising one, the Northern Sea Route (NSR), will provide the epicenter of discussion. Through an extensive literature review that includes numerous internet resources, the current analysis will identify the numbers of icebreakers already operating in the NSR, as well as those that will be commissioned into service in the near future. The choice to research the specific type of vessels is supported by a simple argument: icebreakers currently are and will continue to be in the foreseeable future the main “tool” to support shipping activities in the Arctic. Furthermore, emergency management capabilities in the Russian Arctic will be examined to include the current state of rescue coordination centres along with the availability of SAR assets. Additionally, the efforts thus far by the Arctic Council to increase coordination and interaction among the States involved in Arctic affairs will be summarized; the latter will be achieved via a brief review of a very important legally binding agreement: the “search and rescue” instrument. In conclusion, the Russian State has already heavily invested in icebreakers’ building and their current number is fully capable to handle the present level of limited traffic. On the other hand, ships are currently faced with long distances to cross (often without adequate support) adverse environmental conditions, unpredictable hurdles, and slow response times in case of an emergency. Therefore, in case ships operating in the region are increased, it will be difficult to deal with all the additional demands for support. Of particular interest is the fact that considering the vast area of the NSR, the overall available response capabilities in the region under discussion are rather thin; any further increase of maritime traffic in the “High North” must be balanced with additional strengthening of emergency management capabilities. In any case, should the NSR become fully integrated in the global maritime transport system, Russia’s geopolitical status will be clearly improved and further research is needed to discuss the implications both at the regional and global levels.     

Facts,Fictions, and Failures of Integrated Coastal Zone Management in Europe

Nearly 40 years on since its first tentative steps in North America, this article considers whether Integrated Zone Coastal Management (ICZM) in Europe has grown to maturity as a form of governance. The article summarizes the findings of recent research concerning the levels of implementation of coastal management in Europe, with particular reference to the UK experience. A research framework is used to identify the different motivations behind the social actor groups involved in coastal management. The application of this framework reveals four major findings about gaps in implementation: (1) the complexity of responsibilities at the coast continues to prevent agencies from taking a “joined-up” approach; (2) a policy vacuum is constraining implementation from national to local scales; (3) informational obstacles are significant in preventing co-ordination between science and policymakers, and between different sectors; (4) a democratic deficit is preventing implementation in the working practices of coastal stakeholders, with little opportunity in decision making for public comment or local accountability, especially offshore. The article also explores different conceptualizations of the role of coastal management and planning held across Europe, providing an analysis using the Strategic Management literature and the experience of the EU Demonstration Programme on Integrated Coastal Zone Management (1996–1999). Recent arrangements, with the availability of priming funds from the European Commission and emphasis on “pilot” and “demonstration” methods, have tended to encourage a project-based approach to ICZM that may fail to realize long-term objectives. The article seeks to present an analysis of the behaviors of scientists, academics, policymakers, and practitioners, and will be of interest to all those seeking to establish ICZM within the wider system of governance, as supported by the Commission of the European Community (2000) Communication on ICZM (COM 547). Some technical solutions are also offered from the UK experience that will be of use to coastal project officers working at national and regional levels.     

全球电子航海战略对海员教育培训的影响

随着现代科技在航海技术上的应用,给传统的航海设备和技术带来了深刻变化,尤其电子航海战略的全面实施势必对未来航海运输业产生进步而深远的影响。文中通过对电子航海战略实施给船舶、船员带来新变化的分析,从海事主管部门、航海院校和航运企业等不同角度提出了应对措施。     

Explaining variations in national fleet across shipping nations

Many studies on national shipping attribute the declines in national fleets of developed economies to the lack of comparative advantage, but little has been done so far to identify factors contributing to countries’ shipping comparative advantage using a systematic approach. Although shipping markets are highly international and competitive, it is not clear whether tonnage owned by countries is governed by country-specific factors. This paper seeks to explain variations in nationally owned fleet across shipping nations. The main variable of interest is national fleet tonnage owned by country of domicile as opposed to registered tonnage. The results of econometric analysis using data from 84 shipping nations indicate that various country-specific factors do indeed contribute to variations in fleet tonnage across shipping nations, albeit at different levels of significance. Financial market development, external trade, ship registration, shipbuilding and shipping history appear to have the most significant impact, followed by the level of development and technology and maritime policy. Based on the results of analysis, implications for policy and future research are also discussed.     

Maritime policy in Scotland

This paper begins by defining the meaning of the term ‘maritime policy’. Since devolution in the UK, the opening of the new Scottish parliament in 1998 and the creation of the Scottish Executive, little effort has been made to establish a distinct maritime policy for Scotland. As was evident prior to devolution, the primary emphasis from any maritime policy perspective has continued to be a focus on lifeline island ferry services. This ignores significant developments in several other key maritime transport sectors, and this paper provides examples of areas that require some form of policy response, including intra-European short sea shipping, UK coastal shipping, urban/river transport and global container shipping. Long-standing institutional bias against maritime transport coupled with subsidy devoted almost entirely to land transport systems has resulted in a quite distorted marketplace. This suggests that a maritime policy is now imperative if maritime transport is to play a more significant role in the overall transport system. Further discussion centres on the need to consider, from a Scottish policy perspective, the role of various state-sponsored maritime service providers and how these bodies might fit better within evolving policy. The conclusion is that formulation of a maritime policy by the Scottish Executive is overdue and that a degree of restructuring of transport responsibilities within the Executive, combined with adequate resource allocation towards the maritime industry, will be necessary in order that market distortions can be overcome, so enabling Scotland to fully exploit the competitive and environmental advantages that maritime transport can provide.     

Maritime policy in Scotland

This paper begins by defining the meaning of the term 'maritime policy'. Since devolution in the UK, the opening of the new Scottish parliament in 1998 and the creation of the Scottish Executive, little effort has been made to establish a distinct maritime policy for Scotland. As was evident prior to devolution, the primary emphasis from any maritime policy perspective has continued to be a focus on lifeline island ferry services. This ignores significant developments in several other key maritime transport sectors, and this paper provides examples of areas that require some form of policy response, including intra-European short sea shipping, UK coastal shipping, urban/river transport and global container shipping. Long-standing institutional bias against maritime transport coupled with subsidy devoted almost entirely to land transport systems has resulted in a quite distorted marketplace. This suggests that a maritime policy is now imperative if maritime transport is to play a more significant role in the overall transport system. Further discussion centres on the need to consider, from a Scottish policy perspective, the role of various state-sponsored maritime service providers and how these bodies might fit better within evolving policy. The conclusion is that formulation of a maritime policy by the Scottish Executive is overdue and that a degree of restructuring of transport responsibilities within the Executive, combined with adequate resource allocation towards the maritime industry, will be necessary in order that market distortions can be overcome, so enabling Scotland to fully exploit the competitive and environmental advantages that maritime transport can provide.     

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.     

US shipping policy under conditions of a new world economic and political environment

The maritime policy of the US has evolved over more than 100 years from the support of US shipping through mail and fleet auxiliary contracts before the turn of the century, to the present array of direct and indirect Government aids and regulations based on the assumption that a strong maritime industry composed of both US-flag shipping and US-shipbuilding capacity is essential for the economic well-being and defence of the country. Notwithstanding massive direct and indirect aid to the US merchant marine, amounting to well over a billion dollars a year in recent years, US shipping and shipbuilding has declined dramatically and now comprises less than 3% of world shipping. Only 2.8% of US foreign trade by volume and 6% by value is today carried in US flag ships. Government aids constitute well over 33% of total revenues of US-flag shipping.

The traditional argument for US Government support has been the need for cost parity to permit US-flag shipping to compete effectively in international trade against foreign shipping serving the same routes with presumably lower operating costs. This argument is difficult to sustain today, as vessel costs of many other industrialized nations are now about equal to those of US-flag ships.

In 1970 the US enacted a new, vastly more liberal, maritime act for the support of the US maritime industry. Notwithstanding its even more liberal terms and elimination of the strict cost-parity interpretation, the US maritime industry continues its decline. The recent bankruptcy of two old, established subsidized shipping companies has caused tremors in the industry, yet no new ideas, policies, or plans seem to be forthcoming. It is the objective of this paper to study the development and effects of various historic US Government policies relating to the support of the US maritime industry, and evaluate the positions taken by proponents or opponents of the maritime policy leading to the policy development.

The decision processes are studied by evaluating literature on the evolution of Congressional, administration, industry, and labour interest and positions on the issue of Government aid to the maritime industry. The impact and effectiveness of various elements of past and present US maritime policy is evaluated in relation to the stated objectives. The alternatives to these policies are reviewed in the light of the changing US position in international trade, military strategy, and political objectives. In addition the effectiveness of the present and alternative policies is evaluated as it is and will be affected by changing technology in use, composition of ownership, and operations of US-flag shipping and shipbuilding.     

论海事行政处罚自由裁量的限制

随着社会发展的专业化、技术化以及社会关系的复杂化,行政权的强化和扩张已经成为发展的趋势,这就必然要求行政自由裁量的扩张,但是这也必然导致行政处罚可能和法治精神的背离。根据授权,海事管理机构具有的海事行政处罚是一种较严厉的制裁性行政行为,其自由裁量权若被滥用必将侵犯行政相对人的权利,影响我国的航运事业的发展。本文对海事行政处罚自由裁量权存在的合理性、如何限制行政处罚自由裁量权的行使等方面加以探讨,以期有利于海事管理机构依法行政,切实保障行政相对人的合法权益,使航运更安全、使海洋更清洁,更好地为繁荣航运经济保驾护航。     

两岸直航海事纠纷解决之路

从两岸间接直航的现实及其特点出发，论证了两岸直航和海事联合仲裁的现实性和必然性，并对两岸海事联合仲裁的若干法律问题作了进一步的探讨。     

Environmental awareness and practice concerning maritime air emissions: the case of the Greek shipping industry

One of the most urgent environmental problems facing the shipping industry today is the reduction of Greenhouse Gas (GHG) emissions from its operations and the possible cost-effective ways in which this reduction could be accomplished. Various technical and operational measures have been proposed as well as market-based instruments for the achievement of the compliance of marine industry with these measures. This paper investigates the levels of environmental awareness of the Greek shipping companies and their views and practices on the proposed policies for the reduction of GHG emissions from their ships. A survey was carried out using a questionnaire distributed to Greek shipping companies of different sizes, involved in different segments of the marine industry, so that the survey's results not only represent a large part of the Greek shipping industry but also reveal the different environmental attitudes and practices on maritime GHG emissions among the shipping companies. Given the size and the importance of the Greek shipping industry in the international maritime field, this paper's results present a special significance as they could be further analyzed and taken into account for the achievement of the compliance of marine industry with any future policy instrument for the reduction of maritime GHG emissions.     

“大船小证”成因及治理对策

随着我国水运市场快速发展,＂大船小证＂问题逐渐增多,给水上交通安全环境带来重大隐患,严重干扰了航运业、造船业的发展秩序。文中就＂大船小证＂产生的原因,危害,整治的难点以及对策措施进行探讨,望能更好地规范船舶检验,确保航运安全。     

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.     

论“标准”在海事行政执法中的地位与适用

文中阐述了海事管理相关“标准”的类型及其界定,分析了其在海事行政执法中的作用和效力,并就其在海事行政检查和行政处罚中的适用进行了探讨。文章认为“标准”的法律性质属于其他类规范性文件,海事机构在海事行政检查和行政处罚中可以依据“标准”来认定违法行为。     

我国航运企业人力资源管理研究

面对竞争日益激烈的航运市场,航运企业有必要在人力招募、培训、工资分配、激励和考核等方面做出相应的调整和改革,建立“以人为本”的人力资源管理概念,从而赢得竞争优势。     

发展现代航运服务体系,打造上海国际航运中心

发展航运服务业,建设上海国际航运中心,就要打造健全完善的现代航运服务体系,在形成航运产业集群的基础上,发展融合衍生的新型、高端航运服务业。     

The impacts of maritime piracy on global economic development: the case of Somalia

This paper investigates the impacts of maritime piracy on global economic development. Calibrated with data between 2003 and 2008, we model shipping demands and competition in the Far East-Europe container liner shipping service and investigate the economic welfare loss effects due to reduced volumes of trade and shipping, as well as efficiency loss due to geographical re-routing of shipping networks which would be otherwise uneconomical. The substantial economic loss simulated from our model indicates that, even from purely the perspective of economic interests, more efforts from the international community should be dedicated to tackle maritime piracy.     

Clustering and performance: the case of maritime clustering in The Netherlands

Over the last years, the concept of clustering has become a central concept for analysing the competitiveness of nations, industries and firms. The cluster concept can be usefully applied to study clustering of maritime activities. Maritime activities, such as shipping, shipbuilding and port and maritime services, are clearly geographically concentrated in a number of maritime clusters. Due to ongoing internationalization in these industries, the concentration of maritime activities in clusters is likely to increase. This observation leads to two important research questions: what are the advantages for firms to locate in clusters and what factors influence the development of maritime clusters? This study identifies four agglomeration economies that attract firms to cluster: a joint labour pool, a broad supplier and customer base, knowledge spillovers, and low transaction costs. Furthermore, it discusses the effects of aspects of the cluster structure, being the presence of internal competition, the heterogeneity of the cluster population, the entry and exit barriers, and the presence of (above mentioned) agglomeration effects. It also briefly discusses the important issue of cluster governance. This overview allows one to develop a theoretical framework to analyse clusters. In the empirical part, this framework is applied to the maritime cluster in The Netherlands. Based on empirical data, from surveys amongst firms in the maritime cluster, studies commissioned by the Dutch maritime Network and regional statistics, the presence of agglomeration economies in the cluster is shown. Secondly, it is shown that the cluster structure is beneficial for the performance. This paper finishes with conclusions and suggestions for further research.