Navigation of foreign vessels within China's jurisdictional waters

From ancient times, navigation at sea has been an essential channel of communication and transport among nations. The emergence and development of the law of the sea itself rested with the navigation at sea. The principle of the freedom of the seas has been universally recognized as one of the fundamental principles in international law and practiced by States since the late 18th century. However, with the expansion of national jurisdiction over sea areas, the freedom of navigation has been challenged and navigational rights of foreign vessels are subject to the laws and regulations of coastal States. China, as a big maritime country, has formulated a set of rules and regulations governing navigation of foreign vessels within China's jurisdictional waters. This article attempts to review and assess China's legislation and practice in this respect in the context of international law of the sea.     

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.     

Proactive environmental planning for emerging shipping routes in Arctic waters

Projected reductions in the extent and thickness of the seaice cover in the Arctic Ocean could substantially benefit shipping, perhaps opening the Arctic Ocean as a major trade route. However, despite the economic benefits of such changes, the emergence of such a route through the Arctic Ocean presents a number of challenges to Arctic coastal States and policy makers in general. Of particular concern is the potential for significant environmental damage. Historically, strong objections have been raised over restrictions on navigation for environmental purposes, on the grounds that these run counter to the freedom of navigation enshrined in international law. Notwithstanding this, a broad range of measures exist for those coastal States wishing to address the threat from shipping.     

Legal Regulation of Land Reclamation in China's Coastal Areas

China's national marine development strategy acknowledges that land reclamation problems cannot be avoided. Land reclamation has increased rapidly, leading to many risks—as regards resources, the environment, and social concerns. China needs to implement measures to control these risks. Analysis of current legal regulations on land reclamation reveals paradoxes of legislation at the national level and varying regional legal practices; there is a shortage of effective and coordinated land reclamation regulations in China. Analysis of the factors that affect land reclamation shows that regulation plays a central role in managing land reclamation. And, through an analysis of the deficiencies in existing legislation and by learning from the experience of other countries, we can propose a direction for China's land reclamation legislation. Such reforms could effectively protect China's marine resources, avoid environmental and societal risks, and contribute to coastline protection.     

Compensation issues under the Bunkers Convention

Oil tankers are not the only vessels that cause oil pollution damage at sea. Numerous spills at sea have been of heavy fuel oil from non-tankers. The international system of civil liability and compensation established after the Torrey Canyon incident covers only oil pollution damage caused by oil tankers. There was thus a need to bring the law on marine oil pollution up-to-date by extending liability and compensation to all sea-going vessels. In March 2001, the Bunkers Convention was adopted at a Diplomatic Conference at the IMO; it has not yet come into force. This paper focuses on the discussion of compensation issues under the Bunkers Convention. It analyses the relevant provisions, the impacts of components such as compulsory insurance on the availability of compensation under the Bunkers Convention. Suggestions on other compensation sources are also given in this paper.     

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.     

英国水上行政强制立法及其对我国的借鉴

随着国际贸易和航运业的发展,船舶发生重特大水上险情和事故的风险在不断增大。一些重特大事故对海上人命财产安全、海洋环境、通航安全、港口生产等公共利益构成严重威胁。政府主管部门为避免或减少对公共利益的损害,有责任对这些事故的处置进行干预,在紧急情况下还应采取必要的强制措施。然而,目前我国水上应急处置方面的法律法规还很不完善,主管部门难以依法实施干预和处置行动。文中通过介绍英国水上行政强制相关立法情况,旨在对加强我国水上应急处置行政强制方面的立法能够起到一定的借鉴作用。     

The precautionary principle in maritime affairs

Since the 1980s, the precautionary principle has been drawing more and more international attention. This became particularly clear during the series of Conferences on the Protection of the North Sea, which addressed marine environmental protection, and initiated the application of the principle into maritime affairs. Although a unified concept of the precautionary principle is lacking, some typical formulations have been concluded in regional treaties and international documents, and components of the principle can be summarised (Part I and Part II). The precautionary principle has been adopted by international documents involving different fields of law of the sea, and been addressed by international courts and tribunals (Part III). While the precautionary principle is still not part of customary international law (Part IV), its increasing level of worldwide acceptance suggests that it will become a customary international law in the future.     

Present pilotage practices in Finland

Pilotage has been studied very little internationally and also in Finland. However, accidents in which pilots have been involved have been investigated thoroughly. Studies show that the traditional individual-centred pilotage with non-written passage plans no longer serves the needs of today's traffic and vessels that have increased in size. Pilotage should be based on the so-called good pilotage practices, i.e. pre-prepared, yet adaptable passage plans, more efficient bridge co-operation and modern navigation instruments. Yet, these are not an integral part of the prevailing pilotage practices in Finland. Pilotage should be developed so that the safety management systems of the vessels support the co-operation on the bridge, but on the other hand, so that the advantages of today's pilotage practices are maintained.     

船舶通过VHF达成避碰协议的法律效力之探讨

船舶利用VHF协助避碰越来越为驾驶人员所接受。然而,通过VHF达成的避碰协议的效力却一直未被法律定性,由此而引发的碰撞事故尽管不多却成为海事审判中悬而未决的一大难题。随着VHF的使用在航海实践中日益普及,法律需要严肃面对这种由船舶之间的驾驶人员达成的避碰协议的法律效力问题。     

The significance of the International Tribunal for the Law of the Sea for the shipping industry

The International Tribunal for the Law of the Sea (ITLOS) was established by the 1982 United Nations Convention on the Law of the Sea as a body to settle disputes between States Parties to the Convention regarding the interpretation or application of the Convention s provisions, including provisions concerning the exercise of the powers of States over shipping and the discharge by states of their responsibilities and obligations in relation to ships.ITLOS is competent to deal with disputes in which a State is alleged to have wrongly interfered with or otherwise restrained the operation of a vessel when it is in a port of the State or within the territorial sea or exclusive economic zone of the State.In its previous judgments, ITLOS has provided clarifications of some important areas of the law of the sea concerning the operation and regulation of shipping by flag States and other states.ITLOS plays a key role in the regime of the Law of the Sea Convention relating to the prompt release of ships and their crews that are arrested or detained in a foreign port.ITLOS also has the possibility to serve as ajudicial organ for the settlement of disputes under other maritime agreements and contracts, if the parties to the agreements or contracts agree to confer jurisdiction on it.There are many advantages to be gained by States and shipping operators from using ITLOS as the body for the settlement of disputes under agreements. These advantages include savings in time and expenses.     

The U.S.S.R.: Ocean Use and Ocean Law

This paper is an attempt to illustrate the stance of the Soviet Union in the law of the sea debate in the light of Soviet ocean activities. The paper has two sections. First, it examines the range of Soviet ocean activities. The considerable extent of Soviet ocean use underscores the importance which the Soviet Union places on the law of the sea debate and its consequent active participation in the process of international negotiation. Second, the paper considers the published record of the Soviet Union in the United Nations seabed debate. In seven years of debate the United Nations General Assembly and the Ad Hoc and permanent Seabed Commities and sub-Commities have generated a considerable body of documantation reflecting the public policy of over one hundred States concerning the law of the sea. Soviet expressions of opinion alone cover more than five hundred pages of documentation. Specific Soviet positions can be considered within two ganeral preferences: the protection of traditional freedoms of the high seas and opposition to ocean control by either coastal States or by an independent international ocean authority. The paper shows how these preferences and the specific Soviet negotiating positions defend and promote the maritime interests of the Soviet Union.     

A Sociological Approach to Maritime Studies: A Statement and Example

This paper is an attempt to illustrate the stance of the Soviet Union in the law of the sea debate in the light of Soviet ocean activities. The paper has two sections. First, it examines the range of Soviet ocean activities. The considerable extent of Soviet ocean use underscores the importance which the Soviet Union places on the law of the sea debate and its consequent active participation in the process of international negotiation. Second, the paper considers the published record of the Soviet Union in the United Nations seabed debate. In seven years of debate the United Nations General Assembly and the Ad Hoc and permanent Seabed Commities and sub-Commities have generated a considerable body of documantation reflecting the public policy of over one hundred States concerning the law of the sea. Soviet expressions of opinion alone cover more than five hundred pages of documentation. Specific Soviet positions can be considered within two ganeral preferences: the protection of traditional freedoms of the high seas and opposition to ocean control by either coastal States or by an independent international ocean authority. The paper shows how these preferences and the specific Soviet negotiating positions defend and promote the maritime interests of the Soviet Union.     

"大连VTS管理规定"解析

“大连VTS管理规定”依据相应法律法规,在广泛调研、征求相关部门和港航企业意见的基础上正式对外实施,为了更好的发挥“大连VTS管理规定”的作用,加快“三个海事”建设、实现“三个追求”的目标,本文对“大连VTS管理规定”进行详细解读。     

基于驾驶实践的无人船智能避碰决策方法

[目的]为实现沿海无人驾驶船舶自主航行,充分考虑无人驾驶船舶智能避碰决策的合理性和实时性后,提出并建立一种基于驾驶实践的无人船智能避碰决策方法.[方法]首先,以本体论为基础,设计无人驾驶船舶航行态势本体概念模型,并结合《国际海上避碰规则》及良好的船艺将船舶航行态势量化划分为12种会遇场景;然后,从驾驶实践的角度改进影响...     

State ocean policy initiatives in Florida

Abstract

A territorial sea comprising 6.7 million acres of offshore lands extending three geographic miles into the Atlantic Ocean three marine leagues (nine geographic miles) into the Gulf of Mexico makes Florida the second largest “oceanowning”; state in the contiguous United States. Florida's history, climate, economic development, and worldwide reputation have evolved from the state's relationship with the sea. The state is now becoming aware that aggressive management of its ocean resources is necessary to preserve the future of that relationship. The purpose of this article is to present some of Florida's recent legal and policy initiatives that have been directed toward better understanding and management of ocean resources and uses.     

ISM规则下有关船舶适航的法律适用问题

海事司法实务中,作为国际公约的ISM规则在国内适用,势必对船舶适航的认定产生重大影响。肯定了ISM规则对航行于国际航线的我国船舶适用所具备的条件,并阐明在船舶适航方面ISM规则适用的法律依据。     

国外深海作战概念发展及启示

深海是任何一个国家尚未完全控制的领域,是未来我海军实践“非对称”对抗和抢占战略制高点的理想空间。与传统的陆地、海上和空中空间相比,在深海空间部署装备,具有军事活动空间范围大、作战部署灵活、作战行动自由度大、隐蔽性强、威慑力强等特点。本文对国外深海作战概念基本情况和发展现状进行研究,分析国外深海作战概念对我影响,为相关单位提供参考、借鉴。     

Occupational mortality among British merchant seafarers (1986-1995)

The decline of the British merchant fleet in recent years has led to an increasing proportion of British seafarers taking employment in flags of convenience and other foreign-registered vessels. It is then a matter of some importance as to whether the British seafarers who serve in foreign ships are at greater risk of mortality and, when fatalities do occur, whether the deaths are appropriately investigated. Using information obtained from files at the Registrar General for Shipping, the Marine Accident Investigation Branch and many Coroners, it is evident that British seafarers serving in foreign vessels were, during the study period 1986-1995, at greater risk of mortality through work-related accidents, suicides and unexplained disappearances at sea. Those serving in the British fleet, however, died more frequently through illnesses, and through off-duty accidents and drowning. When fatalities occurred in the British fleet, the relevant log book extracts were routinely deposited with the appropriate British authorities; for deaths in FOC vessels these documents were rarely forthcoming. While the deaths of British seafarers were investigated in the large majority of cases, foreign flag state authorities seldom conducted inquiries; it was the British authorities who usually conducted the investigations.     

Occupational mortality among British merchant seafarers (1986-1995)

The decline of the British merchant fleet in recent years has led to an increasing proportion of British seafarers taking employment in flags of convenience and other foreign-registered vessels. It is then a matter of some importance as to whether the British seafarers who serve in foreign ships are at greater risk of mortality and, when fatalities do occur, whether the deaths are appropriately investigated. Using information obtained from files at the Registrar General for Shipping, the Marine Accident Investigation Branch and many Coroners, it is evident that British seafarers serving in foreign vessels were, during the study period 1986–1995, at greater risk of mortality through work-related accidents, suicides and unexplained disappearances at sea. Those serving in the British fleet, however, died more frequently through illnesses, and through off-duty accidents and drowning. When fatalities occurred in the British fleet, the relevant log book extracts were routinely deposited with the appropriate British authorities; for deaths in FOC vessels these documents were rarely forthcoming. While the deaths of British seafarers were investigated in the large majority of cases, foreign flag state authorities seldom conducted inquiries; it was the British authorities who usually conducted the investigations.