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.     

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.     

Systematic training for maritime transport managers

Providing effective training for managers in the maritime and ports sector in developing countries has proven to be a daunting task. Initial attempts by the United Nations Conference on Trade and Development (UNCTAD) in the 1970s led to the development of senior port manager residence courses in Sweden. However, Given the vast numbers of managers needing training a more eficient method was required. Using the systematic training techniques pioneered by the International Telecommunications Union, UNCTAD, in the 1980s initiated two parallel programme: Trainmer (Training development in Maritime Transport); and IPP (Improving Port Performance). Both of these programmes demonstrated considerable success in terms of the numbers of maritime and port managers receiving training opportunities. Increased cooperation amoungst international agencies providing training programmes should result in improved transport management training in the 1990s, lrading to increased efficiences in port and related transport systems.     

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.     

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.     

International regulation of liability for multimodal transport

The establishment of a widely acceptable uniform international legal framework for multimodal transport has proven to be extremely difficult. In spite of attempts by various international organizations, following the advent of container revolution, there is still no uniform international legal regime in force to govern liability for loss, damage or delay arising from multimodal transportation. In 2002 the United Nations Commission on International Trade Law (UNCITRAL) embarked on the elaboration of a draft instrument to cover contracts for the international carriage of goods. The Draft Instrument, which had been prepared to govern sea transport, is proposed also to cover multimodal transport involving a sea leg.     

Introduction to the special issue on maritime security

The terrorist attacks of 11 September 2001 heightened awareness about the vulnerability of all modes of transportation to terrorist attack. The issue of maritime security has therefore become a major concern in the international maritime sector over the past several years. Globalization has led to a strong growth in seaborne trade; however, it simultaneously increases vulnerability to not only terrorism but also international criminal activities that threaten the world's supply chain. For example, in 2008, the rise in piracy activities in the Gulf of Aden brought the issue of maritime security to the forefront of international debate. In addition to the direct impact on ships, crews and cargoes, and on the maritime industry and governments, piracy also threatens global seaborne trade, and has an impact on energy security and the environment [UNCTAD, 2009, Review of Maritime Transport 2009 (New York: United Nations)]. Maritime piracy can pose substantial risks to seaborne trades, with considerable commodities, ranging between raw materials and energy to high-value manufactured products, being shipped between global economic powerhouses [FU, X. W., NG, A. K. Y., LAU, Y. Y., forthcoming, The impacts of maritime piracy on global economic development: The case of Somalia. Maritime Policy and Management]. Maritime security management, including the definition of security, maritime risk assessment, security measures, the regulation and policy of maritime security in shipping and port-related business operations has been receiving growing attention, both in practice and research.     

Opportunities for a state‐federal partnership in an expanded territorial sea

Abstract

The United States currently has a 3‐mile territorial sea limit which is under the jurisdiction of coastal states. In the event the United States joins with other countries in adopting a 12‐mile territorial sea, Congress may consider extending state jurisdiction to 12 miles. It may be in the best interest of coastal states to oppose extension and instead support a strengthened federal‐state ocean management regime which disregards boundary lines and is based on the sharing of outer continental shelf leasing revenues along with a guaranteed role for coastal states in federal decision‐making.     

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.     

A Practice-Based Coupling of the Precautionary Principle to the Large Marine Ecosystem Fisheries Management Concept with a Policy Orientation: The Northeast United States Continental Shelf as a Case Example

This article addresses interdisciplinary sustainable aspects of fisheries as part of ocean management. Human-caused impacts and their role as modifiers of living marine resources is discussed. The research note also theorizes about contemporary global change and its prospective biological consequences, especially when coupled with human-induced factors in coastal marine waters. Also addressed is the management and ecological aspects of fish stock populations as part of a large marine ecosystem (LME) in the Northeast United States continental shelf of the Atlantic Ocean with suggestions for an interdisciplinary policy orientation paradigm to foster the sustainability of marine life in the sea.     

关于实际承运人制度的思考

《汉堡规则》第一次在国际范围内明确规定了实际承运人制度,我国《海商法》借鉴《汉堡规则》对此制度的规定,制定了我国的海上货物运输中的实际承运人制度。本文试图从实际承运人法律制度的确立,实际承运人制度的概念,责任性质和范围等方面对这一制度作以阐述,并对不完善之处提出建议。     

States’ obligations relating to marine monitoring and observation

Ocean data determining the state of the ocean are required for various purposes. The data are needed to understand the ocean and its interrelation, for instance, with the climate as well as to provide information and benefits for numerous sectors, such as for the coastal protection or pollution control. In order to meet the multiple needs for ocean information, a global and sustained system for ocean observation activities is necessary. Steps towards such a global system have been taken within the last decades, especially by setting up the Global Ocean Observing System (GOOS). However, the existing international structures and systems have been lacking governmental support and are held to be insufficient. In this context, the questions are raised whether states are already required by international law to observe and monitor the ocean and to cooperate in doing so and whether states are even obliged to contribute to international ocean observing programmes. Although to some extent, states’ obligations can be found in international conventions, such as in the UN Convention on the Law of the Sea (UNCLOS), they cannot meet all the various needs for ocean data. Specific and substantive obligations in international law meeting the multiple needs for ocean data are, however, required. If such obligations were included in the UNCLOS, issues relating to Marine Scientific Research would have to be kept in mind. Another option of creating specific commitments could be seen in a new agreement relating to the GOOS.     

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.     

A study of the role of seafarers in combating piracy off the coast of Nigeria

Piracy off the coast of Nigeria portends grave danger to the economic, security, and sociopolitical development of the country. It also threatens both international and regional trade as well as the stability of the West African sub-region. Despite Nigerian government’s attempts to curb piracy caused by poverty, unemployment, including corrupt and weak maritime regulatory and security institutions, attacks by pirates have continued to occur off the country’s coast. Consequent upon the adverse effects of piratical attacks on their day to day activities, seafarers can facilitate the suppression of piracy off the Nigerian coast. This paper uses statistics, provisions of international instruments and domestic legislations, the United Nations Security Council resolutions, soft laws, and opinions of researchers to examine the nature, causes, and effects of piracy on seafarers in Nigeria. The author argues that seafarers are necessary partners to curb piracy off the coast of Nigeria through enforcing maritime security conventions and other related instruments as well as testifying against pirates during trials. In conclusion, this paper contends that acts of piracy adversely affect crew members’ life, health, family, job, and finance thereby providing an overwhelming motivation for seafarers to play a role in suppressing piracy off the Nigerian coast.     

Estimating the Economic Benefits of Regional Ocean Observing Systems

This article introduces a theme issue of the Coastal Management Journal comprising a set of articles on the potential economic benefits from new investments in coastal ocean observing systems. We describe a methodology to estimate these benefits, and apply this methodology to generate preliminary estimates of such benefits. The approach focuses on coastal ocean observing information within ten geographic regions encompassing all coastal waters of the United States, and within a wide range of industrial and recreational activities including recreational fishing and boating, beach recreation, maritime transportation, search and rescue operations, spill response, marine hazards prediction, offshore energy, power generation, and commercial fishing. Our findings suggest that annual benefits to users are likely to run in the multiple $100s of millions of dollars. The project results should be considered first-order estimates that are subject to considerable refinement as the parameters of regional observing systems are better defined, and as our understanding of user sectors improves.     

Short sea shipping: a Canadian perspective

Short sea shipping has begun to receive attention from governments worldwide, as they seek to reduce traffic congestion and greenhouse gases. Despite a long coastline and its interest in international maritime affairs, the Canadian government had, until 2003, placed greater emphasis on resolving the issues of other transport modes. In July 2003, Canada and the United States signed a Memorandum of Cooperation on Sharing Short Sea Shipping Information and Experience. Subsequently, the federal government embarked on an assessment of short sea shipping through a series of workshops. This paper explores the key issues with respect to further development of short sea shipping from a Canadian perspective. It examines the critical limitations and impediments to further growth of short sea services in Canada and trans-border trade with the USA, and identifies a number of questions Canadian policymakers need to answer.     

基于Vega的虚拟海洋视景仿真研究

虚拟海洋视景仿真系统足虚拟现实技术在军事领域中的应用.由于海浪运动的随机性,虚拟海洋的计算机生成成为视景仿真领域的研究难点.文中详细讨论了两种海浪模型,重点研究Vega中海浪原理和海洋模块的计算机实现,基于Vega软件生成海浪.从效果图中可以看出,模拟的海浪效果比较好,能够满足实际应用的需求.     

The UN’s 2030 Agenda for sustainable development and the maritime transport domain: the role and challenges of IMO and its stakeholders through a grounded theory perspective

In September 2015, the United Nations (UN) officially adopted the 2030 Agenda for Sustainable Development together with 17 sustainable development goals (SDGs) (UN, 2016). The attainment of the SDGs requires a strong commitment by all UN Member States, not least by the Member States at the International Maritime Organization (IMO). This empirical research aims to identify the role and challenges of stakeholders at IMO, when implementing the UN’s 2030 Agenda in the international maritime transport domain using a grounded theory approach. This paper describes the methodology and the analytical process undertaken and presents the main findings based on empirical data. The results are presented as a set of six propositions. The first proposition presents the phenomena engulfing Member States at IMO stemming out from lack of knowledge and policy incoherency on the 2030 Agenda at national level. The other five propositions suggest how these challenges could potentially be best alleviated through an IMO-led strategy on sustainable development within the context of the 2030 Agenda, supported by an appropriate governance structure that sees the introduction of strategic actors for coordinating the implementation of the SDGs at national level. With the support of a Task Force, and by also making use of the IMO Member State Audit Scheme (IMSAS), to create more awareness and ownership, the strategic actors could work towards balancing the three dimensions of sustainable development—the economic, the environmental, and the social dimensions—which were found to be imbalanced in the international maritime transport domain.     

The Origins and Early Implementation of the Magnuson-Stevens Fishery Conservation and Management Act of 1976

The Magnuson-Stevens Fishery Management and Conservation Act, enacted in 1974, is the primary federal fishery management legislation in the United States. The political impetus that led to enactment was the extensive foreign fish off U.S. shores that expanded following World War II and the failure of international negotiations to prevent the decline in many fisheries relied upon by domestic fishers. In Congress, there was uncertainty as to whether a comprehensive management program would be created along with a unilateral extension of fishery management jurisdiction out to 200 nautical miles. The delay in agreement over a new United Nations Law of the Sea Treaty and resolution of the extent of coastal nation jurisdiction over fisheries culminated in enactment of the legislation sponsored by Senator Warren Magnuson, a Democrat from Washington State, and Senator Ted Stevens, a Republican from the State of Alaska.     

Underwater Cultural Heritage Policies of the United States Coastal Zone

Domestic management of historic shipwrecks and other Underwater Cultural Heritage (UCH) resources located in the United States coastal zone is extensively fragmented and a portion of it has significant implications in terms of international law. In the United States coastal zone, UCH (largely historic shipwrecks) falls under one of three general regimes, depending on where the resource is located and subject to specific and individual requirements: the General Maritime Law, the Abandoned Shipwreck Act, and the Marine Protection, Research and Sanctuaries Act, also known as the Marine Sanctuaries Act. After examining the development of and current status of these regimes, this article will suggest policies for a stronger, more coordinated federal management regime in United States coastal waters. It will specifically argue that a recent decision by the United States Court of Appeals for the Fourth Circuit provides a well-designed paradigm that could be linked with pertinent aspects of the three identified regimes to create a unified coastal governance mechanism for sunken historic shipwrecks.