浅述海事调查处理的机制和理念

本文就海事管理中水上交通事故调查处理机制相关问题谈一些粗浅的看法。海事调查是一个科技含量较高,较侧重经验积累的系统工作,研究和借鉴国外发达国家的成熟经验,并结合我国实际情况,不断完善中国海事调查体制,提高海事调查水平。     

刍议海事行政执法工作中妨害公务罪的适用性

近年来,非法干扰、抗拒海事执法的现象层出不穷。如何在行政执法过程中达到有理有利有节,是摆在众多海事公务人员面前的一个重大课题。笔者结合海事行政执法工作实践,就如何正确理解妨害公务罪,打击妨害海事依法执行公务的行为、防止海事公务人员野蛮执法,谈几点看法。     

天津海事公安执法存在问题及解决对策

随着我国水域经济的快速发展,水上治安情况也愈加复杂,给海事部门履行监管职责增加了难度,更对水上交通安全造成极大威胁。文中从天津海事公安的职能谈起,分析了水上高发案件的执法现状,并针对执法难点提出了相应的解决对策。     

海事电子证据有关问题的思考

自1996年中国出现第一个关于电子证据的民事诉讼案件后,电子证据日益引起法学界的重视如今,在证据信息化的大趋势下,船舶航海电子设备及内部办公软件设施得到进一步广泛应用,以计算机及其网络为依托的电子数据在海事监管工作中的作用越来越重要。VDR、GPS和AIS等航海设备产生的数据在海事监管工作中也渐渐占据着越来越重要的地位,由此产生的电子证据为海事监管带来了极大的便利。文中对海事电子证据利弊及使用等有关问题进行了探索,强调了海事电子证据证明力研究的必要性。     

From privilege to peril

This article addresses the growing concern over the diminishing legal rights and increasing responsibilities of those in command of ships today. A number of high-profile maritime accidents have focussed on the dilemma faced by shipmasters who appear to be held responsible for actions over which they have little or no control. This seems to indicate that the traditional privilege and honour associated with command appears to have become a risky burden. The article discusses the legal rights and responsibilities that shipmasters have today in terms of international maritime law and policy. Four case studies are utilized to illustrate the problem.     

Maritime transport and international seaborne trade

Drawing upon over four decades of the United Nations Conference on Trade and Development (UNCTAD) Review of Maritime Transport, this article considers selected key trends that have shaped the maritime transportation of today. Over the review period, a fundamental shift in the geography of trade has been observed, with developing countries increasingly driving growth in the world economy and seaborne trade, and becoming important players in global value chains. The specialization of countries, including in developing regions, in the provision of the maritime goods and services for which they have established a comparative advantage constitutes another major trend, a move away from previous patterns where developing countries were typically users of maritime transport services. The article also observes that bilateral freight sharing agreements between countries which were prominent in 1970s have largely lost their practical relevance, leading to a further liberalization of markets and resulting in overall relatively lower freight costs.     

“弗伦特佩奇”号船锚地碰撞事故分析

介绍了超大型油船"弗伦特佩奇"号在锚地碰撞搁浅的事故和救助经过,认为其原因是港口当局没有安排好适宜的出港时间,该船船长对超大型船舶的操纵性能缺乏应有的认识和实践且没有尽责等,得出驾引人员在进出港前要充分熟悉港口航道锚地等情况的结论。     

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.     

Overview of maritime research publications by the late Professor Richard O. Goss

We lost one of the great maritime scholars in 2017—Professor Richard Goss, who is considered one of the founders of maritime economics. He was a pioneer and a most influential leader in establishing the discipline of maritime economics worldwide. This paper revisits his research by examining major issues and assessing his arguments by surveying empirical works that have been conducted after his works in the literature. His economic thoughts are based on laissez-faire, welfare economics, and Marshallian economics. Comparing his arguments with major findings in ensuing research, several research directions are suggested.     

Safety culture in shipping

The emergence of a safety culture in shipping has been promoted, especially by the Secretary General of the International Maritime Organization. However, what is really meant by a safety culture? The adoption of the International Safety Management Code and of the amended International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, STCW 95, together with the introduction of Formal Safety Assessment in the IMO rule making process are considered as the major tools contributing to the emergence of such. This article examines the evolution of the concept of maritime safety concept during the last decades and discusses how the adoption of new international instruments has contributed to improve the maritime safety system. It provides possible definitions of maritime safety and safety culture and discusses how far the maritime safety system is from a culture of safety.     

人为因素对驾驶操作安全的影响评估（英文）

In recent years,marine pilotage accidents occurring on a worldwide basis as a result of human error have not been ceased to transpire,despite advances in technology and a significant set of international conventions,regulations,and recommendations to reduce them.This paper aims to investigate the effect of human factors on the safety of maritime pilotage operations.The human factors that affect the operators who are performing ships' berthing operations have also been examined in detail.In this study,in order to determine the causes of human-related errors occurred in maritime pilotage accidents,a comprehensive literature review is carried out,and a considerable number of real past case examples and an analysis of the maritime accident investigation reports regarding pilotage operations events that occurred between 1995 and 2015 have been reviewed.To validate the identified humanrelated risk factors(HCFs) and explore other contributory factors,survey questionnaires and semi-structured interviews with domain experts have been conducted.A structural hierarchy diagram for the identified risk factors(HCFs) has been developed and validated through experienced experts belonging to the maritime sector.A questionnaire for pair-wise comparison is carried out and analysed using the analytic hierarchy process(AHP) approach to evaluate the weight and rank the importance of the identified human causal factors.The findings of this study will benefit the maritime industry,by identifying a new database on causal factors that are contributing to the occurrence of maritime pilotage disasters.The database can be used as a stand-alone reference or help implement effective risk reduction strategies to reduce the human error,that might occur during pilotage operations.     

The anachronism in maritime law that is general average

The concept of general average is of great antiquity. It has fruitfully served the maritime community of the last two millennia, but the justification for its continued existence in the 21^st century is questionable. This article examines the proposition that general average is an anachronism and should be abolished — a cry that has been heard for well over a hundred years but has failed to materialise. In the article, the arguments for retaining general average are marshalled alongside the demands for its demise. Current developments in the revision of the York-Antwerp Rules are discussed. In conclusion, the resilience of general average as an age-old equitable maritime principle is recognized. But the author points to the sophistication in the modern regime of marine insurance in support of discarding general average and allowing maritime losses to lie where they fall; to be indemnified independently by the insurer of each interest in a maritime adventure without contribution from co-adventurers or their insurers.     

我国海事事故调查制度完善问题研究

海事调查处理制度是以解决海上交通事故发生为目的而产生的。在进行海事调查的工程中,海事行政主管机关要对当事船舶、设施、人员进行调查取证,进而运用所掌握的证据,遵循一定的原则规律找出交通事故原因并最终判定当事人的责任。在海事部门调查工作中,如何收集运用着证据重现事故发生事实并据以认定事故发生原因是整个事故调查工作的集注与核心。我国的海上事故调查工作起步较晚,海事调查处理制度还存有许多不足之处。     

基于实时视景仿真技术的海上航标监管系统

海上航标系统是海上交通安全保障体系的重要组成部分。结合上海海事局厦门航标处的航标日常管理与实时监控的实际业务需求,开展了利用实时视景仿真技术与电子海图相结合构建海上航标监管系统的应用研究和系统实现等工作。该系统的实现,有利于航标设置方案的审定与选择,有利于监控者对现场环境的把握和应急决策。     

浅议海事行政处罚中的地域管辖

对海事违法行为实施行政处罚,“由违法行为发现地所在管辖区的海事机构管辖”可使调查、取证、处理的效率与结果得以充分保证,这一地域管辖原则更符合海事行政处罚的实际情况和特点。     

浅谈公司和登记船东识别号机制的建立与实施

《IMO公司和登记船东唯一识别号机制》是国际海事组织海上安全委员会（MSC）推出的一项新的管理举措，旨在加强海上安全、海上保安和环境保护，并便于预防海上诈骗。文中介绍了该机制的基本概况，分析了我国实施该机制的必要性，列举了我国当前实施该机制所面临的问题，从船旗国履约的角度针对性提出了我国为实施该机制在立法、数据库建设、数据保护、数据利用等方面的对策，并提出了合理的建议。     

Book review

According to the latest BIMCO and Drewry reports, there is a global shortage of officers for the worlds’ merchant fleet. This article focuses on the South African labour market for officers and examines some of the maritime education and training challenges facing these officers in accessing global labour markets. The paper argues that despite processes of globalisation, the nation state can still be an important actor in shaping global labour markets. Using a qualitative approach, interviews were conducted with 10 key informants in the maritime human resources management sectors in South Africa. Interview data was analysed and coded for themes using NVivo qualitative data analysis software (QSR International Pty Ltd., Version 10, London, UK). This was theoretically informed by Braun &; Clarke’s six-step method of thematic analysis. This was combined with a review of labour market statistics to demonstrate that the key challenges facing South African officers are the lack of training berth availability and the lack of South African ship ownership. The solutions adopted by the state includes a limited adoption of best practices adopted by global MET institutions in the United Kingdom, Australia, Singapore, Taiwan and Nigeria. The article contributes to filling the gap in empirical-based maritime studies that are located on Africa.     

A study on time constraints and task deviations at sea leading to accidents – a cultural-historical perspective

The high frequency of maritime accidents and incidents occurring at sea has been a major challenge for the maritime industry in the last decades. The majority of these accidents are attributed to seafarers’ poor performance. This, despite the fact that the international maritime domain continues to adopt and update conventions regulating maritime safety to mitigate these accidents from occurring. In this paper, utilising a qualitative research approach, we show through a socio-cultural contextual perspective that time constraints as a major influencing factor in causing task deviations at sea which leads to dangerous situations. We analyse how some of the present barriers in place to prevent accidents at sea are in effect prompt seafarers who are working under time pressure to deviate from their task. Moreover, the paper discusses the social constituents such as job insecurity and the seafarers’ viewpoint towards the ship operators’ commitment to safe ship operations are crucial in motivating seafarers’ deviating from the task at hand when faced with time pressure.