Flag states and safety: 1997-1999

This paper examines the casualty rates of flag states in order to determine whether Flags of Convenience have a worse record than other types of register. The analysis uses the Lloyd's casualty database for the years 1997–1999. The data reveal that FOCs do, indeed, have a worse record than either second/international registers and national flags, but that there are considerable variations within the FOC group itself. This leads the authors to conclude that it is the newer, faster growing FOCs that are most likely to have inferior records to other flag states, and that this is due to the very nature of their, largely profit-making, regimes.     

Large oil tankers and the Baltic marine environment: A statistical survey

The short Baltic export route for Russian oil is an attractive source of supply for the European energy market. The article examines the Russian oil export trade in the Baltic based on Automatic Identification System (AIS) data from 2005 matched with supplementary data. The first part of the article gives a survey of activities and characteristics of 261 large crude oil tankers, their flag states and owner countries. The second part views the data in the context of accidental oil spill risk. Greek and Russian owners are leading carriers in this trade. Russia plays a double leading role as oil exporter and shipowning country, securing major cargo shares for nationally owned vessels, while also giving a preferential spot in the trade to Greek owners. Where environmental aspects are concerned, previous research has linked vessel characteristics with the risk of casualty. Knowledge of flag, age, ownership and activity levels adds useful information about environmental risk. The data show that flags associated with very high casualty or detention probabilities were represented by 18% of the activity in this trade. Older vessels have a similar share, and at this particular time probably represent the more serious threat of accidental oil spills.     

方便旗船舶对海运的影响

方便旗船是在一定历史条件下,国际经济、政治和各国航运立法等因素的综合性产物,其存在和发展有积极的一面,但从整体上看一些方便船籍国忽视了对方便旗船的有效管辖与管制,给世界航运经济带来一系列负面影响。介绍船舶入注方便旗的各种原因,阐述其所带来的种种弊端,最后介绍为提高其营运安全所采取的措施以及有关专家对正常登记国的建议。     

Causes of casualties and the regulation of occupational health and safety in the shipping industry

The aim of this paper is to investigate maritime safety from an occupational hazards perspective as opposed to a maritime casualty perspective. It is recognised that safety in shipping should encompass casualties arising from accidents occurring in the course of performing normal seafaring duties, not just those arising from technical defects or maritime disasters. The paper discusses an investigation involving a survey of 19 flag states and two detailed studies of records kept at the Hong Kong and Singapore maritime administrations. The results indicate that occupational accidents account for a significant proportion of fatalities at sea. The statistics presented specify the ship types that are most at risk, as well as the types of occupational hazards that can most frequently lead to accidents and fatalities. The results of this study indicate voids in the process of investigating fatalities that relate to occupational accidents. These results also indicate inadequate investigation of events and causes. The creation of a database of such information could potentially be used for the development of appropriate regulations that could prevent fatal and non-fatal occupational accidents through regulatory processes.     

Flag state performance: An empirical analysis

Based on data available in mid-2006, the five cooperating international institutions of shipping — BIMCO, Intertanko, Intercargo, ICS, and ISF — produced a summary of factual information on 106 flag states. These international institutions intentionally avoided drawing conclusions on underperformance. This paper extends this assessment allowing for an in-depth empirical assessment of flags performance. Towards this end, the analysis uses weight factors reflecting the importance that an operator might wish to attach on the different variables before making his flag choice, and seeks to statistically (un)group ‘conventionally’ grouped flag states performance. The paper also examines whether IMO membership and/or active participation in the IMO is associated with a greater compliance of a flag-state to safety and relevant environment rules and thus to a better performance. The findings challenge the classic outright categorization of national flags as good performing ones and of commercial flags as those performing badly. The findings also support the suggestion that an active IMO participation, rather than a simple membership, enhances flag performance.     

Duration analysis for recurrent ship accidents

About 63% of the world’s shipping accidents are recurrent—they occur to ships that have already experienced at least one prior accident. Therefore, reducing recurrent accidents can contribute significantly to maritime safety. We study the factors affecting both first and recurrent accidents, by focusing on the duration between two accidents. Cox proportional hazard models are applied to ship accident data from 1996 to 2015, and the results identify which ships have a high risk of recurrent accidents, based on ship attributes, ship supply and market conditions, shipbuilding country, previous accident type, and ship type. The recurrent rate is high when the ship involved in the accident is old, small, flies a flag of convenience, and has no detention record. In addition, the accident risk increases when the shipping market faces a high bunker price, overcapacity in supply, a high time charter rate, or low newbuilding price. On the other hand, ships built in China and Japan have lower recurrent accident rates than those built elsewhere, although ships built in China have earlier first accidents than do others. General cargo ships have the highest recurrent accident rate, followed by dry bulkers, container ships, and tankers, in that order.     

Who is safe and who is at risk: a study of 20-year-record on accident total loss in different flags

The study examines 20-years of data on 36 world principal fleets and on worldfleets in general, analyses their developments, and particularly their safety records in terms of accidental total loss rates. This study confirms that the open-registry ships tend toward substandard ships. However, some open-registry countries' safety records are quite acceptable. It finds that the safety record of developing maritime countries as a group is better than that of developed maritime countries, of which some are worse than the world average.     

Who is safe and who is at risk: a study of 20-year-record on accident total loss in different flags

The study examines 20-years of data on 36 world principal fleets and on worldfleets in general, analyses their developments, and particularly their safety records in terms of accidental total loss rates. This study confirms that the open-registry ships tend toward substandard ships. However, some open-registry countries' safety records are quite acceptable. It finds that the safety record of developing maritime countries as a group is better than that of developed maritime countries, of which some are worse than the world average.     

The enforcement of shipping standards under UNCLOS

This article discusses the enforcement of shipping standards, with a particular focus on Part XII of UNCLOS. Section 6 of Part XII contains the only comprehensive set of vessel-related enforcement provisions in the Convention, but the Part’s scope is limited to “the preservation and protection of the marine environment.” Therefore, not all shipping standards fall clearly within Part XII’s ambit, including those centered on safety, security, and crewing considerations. The enforcement provisions of Section 6 are favorable to flag states and their vessels, and Section 7 contains a number of safeguards for their benefit, so it is in the interests of these parties to have coastal state enforcement governed by Part XII. However, the ability of coastal states to establish and enforce shipping standards that apply within the territorial sea extends to more than just environmental matters. The result is that different standards give rise to different enforcement powers, depending on the maritime zone in which a vessel is located, even if those standards arise from the same international agreement. It is suggested that to remedy these problems, UNCLOS would need to be amended in order to provide a comprehensive enforcement regime for the enforcement of shipping standards.     

Prediction of ship brittle fracture casualty rates by a probabilistic method

It has been proposed that grade A should be replaced with a tougher steel for ship construction. This recommendation is not supported by casualty statistics. Brittle fractures have decreased from once every 10 ship years at the time of the Liberty ships, to once every 100 ship years in the 1950s, and now stand at around once every 10,000 ship years. The authors have developed a probabilistic fracture mechanics approach indexed to the Charpy 27 Joule temperature, T_27J. This is used here to analyse the Liberty ship failures. Comparison with a databank of T_27J values for grade A steel spanning 1920 to 1995 suggests that the Liberty ship steel was unusually brittle. The probability analysis shows good agreement between predicted and observed fracture casualty rates for the Liberty ships and helps explain why brittle fractures are now uncommon in grade A steel ships.     

《残骸清除公约(草案)》的修订情况及其对我国的影响

沉船的强制打捞清除是目前海事管理中一个存有争议和尚待解决的难点。通过对《残骸清除公约(草案)》中沉船强制打捞清除的定义、成立要件、实施及费用的实现等内容深入了解,越来越多的国家已认识到该公约的必要性和重要性,很多航运大国以及国际海事组织都在为公约的生效而积极努力。深入分析了该公约对沿海国、船旗国的权利、责任以及海上强制保险制度,并阐述对难点问题的建议和主张。     

Merchant fleet development by legislation: lessons from West and Central Africa

In the late 1960s and early 1970s, several developing maritime nations began to invoke their 'legitimate right' to carry, in their own vessels, cargo generated by their own import and export trades as one way to reverse their underdevelopment and dependency on traditional maritime nations. Consequently, they embarked on the establishment and development of national merchant fleets by means of cargo reservation legislation and flag discrimination practices. West and Central African states have pursued a vigorous policy of merchant fleet development for over two decades. This study examines some of the cargo reservation policies and flag discrimination practices in West and Central Africa and concludes that these two measures alone are insufficient to build up a significant merchant marine. Merchant fleet development depends equally on the resolution of problems such as shortage of ship finance or capital, disruptive bureaucratic politics among the state agencies concerned with shipping, low volume of trade, and contradictory and ambivalent fiscal and macroeconomic policies in these countries that impede the development of the maritime sector.     

对中国商船预防和应对索马里海盗的相关思考

综合分析一些国家政府和国际组织针对索马里海盗问题采取的一系列措施和建议,以及中国航运界目前应对索马里海盗的状况,对于制定中国商船预防和应对索马里水域海盗袭击指南中提出应考虑的事项。     

WMU关于人为因素和组织因素的研究介绍

为研究IMO成员国在事故调查开展过程中对人为因素和组织因素两类事故原因的反映,世界海事大学(WMU)选择了41份事故调查报告,采用人为因素分析与分类体系(HFACS)的研究方法对报告进行了深入回顾。研究结果表明,事故调查官们往往将更多的注意力集中在一些最基层的操作性错误即人为因素方面,而忽略重要的深层次组织因素。文中基于WMU向IMO船旗国履约分委会提交的报告对此项研究进行了介绍,以期为国内相关研究提供参考。     

Critical factors for successful implementation of the ISM Code in some Pacific Islands states

Although the International Safety Management (ISM) Code was fully implemented from July 1st 2002, not all countries signatories to the Code, particularly developing countries such as Pacific Islands states, are successful in the introduction and implementation of the instrument. In this paper, we aim to determine factors that facilitate the successful implementation of the ISM Code particularly for the above-named region. Through a thorough literature review, a model of 11 critical factors for the Code implementation success was proposed. These factors were empirically tested using the triangulation of a survey of a group of maritime administration personnel and shipping companies in Fiji and two indepth interviews with senior officers in the Samoa Maritime Administration during the period June–August 2007. The proposed factors were verified by both survey respondents and interview informants, i.e., that maritime safety awareness rooted in a safety culture, senior management commitment and leadership across organisations and the industry, employee involvement and empowerment, enforcement capability of flag state administrations, application of quality management principles in safety management systems, rationalisation of documentation, among others, are essential to the successful implementation of the Code. This research hopes to contribute to the literature and to provide maritime administrations and shipping companies in the Pacific Islands states with additional reference and information that will help expedite the effective implementation of the ISM Code. The need for future research directions is expressed in this paper. Additional investigations, e.g., conducting the same research in other Pacific Islands states as well as in other developing countries in the Asia-Pacific region, would enhance the validity and reliability of this study’s findings.     

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.     

International cooperation in Maritime casualty Investigations: an analysis of IMO RESOLUTION A.637 (1 6)

On 19 October 1989, the International Maritime Organization adopted a joint uslliberian resolution meant to advance international cooperation in maritime casualty investigations. This resolution reflected an international determination to achieve greater cooperation between different states in investigative matters, in a manner consistent with international law. This paper examines how the IMO resolution addresses some of the inherent problems in such a multi-national industry. It also examines the question of whether us lawmakers may, or should, impose stricter controls and restrictions unilaterally on foreign-flag ships which call on us ports.     

海事赔偿责任限制的法律适用

由于各国关于海事赔偿责任限制的法律规定不一样,因此,在涉外海事赔偿责任限制法律关系中就需要进行法律选择,以确定所应适用的法律。国际社会关于海事赔偿责任限制的法律适用主要有适用法院地法、适用侵权行为地法、适用船旗国法、适用最密切联系原则几种立法模式,中国《海商法》关于海事赔偿责任限制的法律适用宜规定为:海事赔偿责任限制适用船旗国法,若海事赔偿责任限制与其他国家的法律有更密切联系,则适用其他国家的法律。     

International cooperation in Maritime casualty Investigations: an analysis of IMO RESOLUTION A.637 (1 6)

On 19 October 1989, the International Maritime Organization adopted a joint uslliberian resolution meant to advance international cooperation in maritime casualty investigations. This resolution reflected an international determination to achieve greater cooperation between different states in investigative matters, in a manner consistent with international law. This paper examines how the IMO resolution addresses some of the inherent problems in such a multi-national industry. It also examines the question of whether us lawmakers may, or should, impose stricter controls and restrictions unilaterally on foreign-flag ships which call on us ports.     

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。