新时期海警部队海上执法面临的挑战及对策研究

公安边防海警部队是公安机关部署在海上的一支重要执法力量,在捍卫国家主权、维护海洋权益和海上治安秩序上发挥着重要作用.作者根据当前我国海上违法犯罪日益增多、海洋权益受到损害、海上恐怖主义威胁形势严峻等海警部队海上执法面临的前所未有的挑战,分析了海警部队在这种形势下履行职责方面存在的问题,并提出了解决的对策.     

加强海警部队处置突发事件能力建设问题研究

加强海警部队处置突发事件能力建设是当前我国面临的海上安全形势、治安形势以及部队发展的需要;针对海警部队在处置突发事件能力方面存在的问题,应采取有效的应对措施,加快建设步伐,不断提高处置突发事件的能力。     

机构改革背景下中国海警船的法律属性

为保障我国海上维权执法行动的顺利开展,解决海警船法律属性的争议问题,文章分析机构改革背景下中国海警船的法律属性。研究结果表明:政府船舶和军舰分别具有明确定义且被明确区分,中国海警船属于军舰的观点依据不充分;中国海警队伍虽由武警部队领导指挥,但其权力来源、执法依据和职能任务不符合军队性质,中国海警船具有政府船舶的性质;中国海警船在性能、装备和指挥官设置等方面与军舰有明显不同,且不具备海上作战经验和能力,因此不属于军舰;中国海警船执行海上维权执法任务不应被视为动用武力。     

日本海上保安官的培养模型研究

在日本,从一名普通公民成长为一名正式的基本合格的海上保安官,必须经过日本海上保安大学校和日本海上保安学校学习,本科学制为4年+6个月,即课程+实践;要经过招录考试、学校学习过程淘汰、保安厅用人单位实践考查等选拔。针对明显的培养渠道单一、选拔规模不足,采取了宽松保安学校报考年龄、学历要求等措施。因此,日本海上保安官在海洋执法舞台上展示出的强大战斗力告诉我们,迅速建成具有中国特色的海警培养之路迫在眉睫,应构建特色海警培养主体架构,围绕国家安全推动建警理念系统化发展,围绕保卫海洋安全打造高能力特警队等。     

中国防范和打击海上恐怖主义问题研究

海上恐怖主义通称为政治性海盗,具有严重的危害性。近年来,中国在一定程度上面临着海上恐怖主义的威胁,因此中国在防范和打击海上恐怖主义方面进行了许多努力,并取得初步成效,但仍处于起步阶段,今后需要进一步采取措施加强防范和打击海上恐怖主义的力度,确保中国港口设施和海上通道安全。     

马六甲海峡安全问题探究

马六甲海峡是世界上最重要的海上通道之一,有重要的地缘价值、经济价值、军事价值和战略价值。因此,该海峡也成为各海洋大国博弈的焦点,它的安全畅通与否也得到各国的关注。虽然目前马六甲海峡安全形势相对稳定,但其仍然面临着传统安全威胁和非传统安全威胁两方面的挑战,局势不容乐观。     

中国海警海上行政执法困境及对策探析——以中国海警首起海洋生态公益诉讼案为例

海洋是高质量发展的战略要地,海洋生态环境保护是海洋可持续发展的保障。2018年调整组建中国海警局并由其统一履行海上维权执法职责。海上行政执法作为海上维权执法的重要组成部分,对于维护我国海洋权益和海上安全秩序发挥核心作用。文章基于中国海警首起海洋生态公益诉讼案,从海洋生态环境保护的视角出发,以《中华人民共和国海警法》和《中华人民共和国行政处罚法》等为理论依据,分析中国海警海上行政执法工作的现状及困境,提出进一步发展海上行政执法工作的对策,包括优化海上行政处罚快速办理程序、规范行使海上行政处罚自由裁量权、完善海上执法行政强制执行程序、提高科技管海能力以及加强区域合作,以期促进中国海警行政执法向高效率、规范化、专业化方向发展。     

公安海警武器使用存在的问题及对策

武器的使用是公安海警打击海上严重暴力犯罪的重要手段.但是当前公安海警在武器使用问题上存在着宏观上的"过松"和微观上"过紧"的问题,从而导致武器的使用基本名存实亡.解决这一问题的根本途径在于从程序上予以明确.     

试论海上故意毁坏财物犯罪案件证据的收集、审查

海上故意毁坏财物犯罪案件是海上常见的一种犯罪形态,该类案件的证据具有收集难的突出特点,这要求公安边防海警的侦查人员积极开展侦查工作,努力拓宽侦查思路,全面收集、审查犯罪证据。     

中国告别五龙治海

长期以来,我国海上执法力量分散。国家海洋局的中国海监、公安部的边防海警、农业部的中国渔政、海关总署的海上缉私警察等执法队伍各自职能单一,执法过程中遇到非职责范围内的违法行为无权处理,影响执法效果。海上执法力量分散问题是多年来一直想解决而没解决的老问题,社会各界高度关注。     

Maritime security in Indonesia: Towards a comprehensive agenda?

Against the backdrop of Indonesian President Widodo's expressed intention to turn his country in to a maritime nation again, this article examines the way in which the Indonesian state understands and utilises the concept of maritime security. The article achieves this aim by discussing the results of a Training Needs Analysis of key Indonesian state maritime security actors, conducted as part of the first phase of a multi-stakeholder project examining how Indonesia's maritime security capacity can be improved.The article illustrates how key maritime actors within the Indonesian state demonstrate a diverse understanding of what maritime security is, and argues that there is a demonstrable willingness on their part to look beyond a narrow conceptualisation of security in the maritime domain, which is solely focused on military threats and the defence of the state, towards something more comprehensive. Here the Indonesian approach to maritime security mirrors in practice conceptual trends encapsulated in the emergence of maritime security studies. The article concludes that there is the potential for a more comprehensive maritime security agenda to take hold in Indonesia but that this will require continued strategic and policy focus on the maritime domain within the country, alongside an emphasis on partnership building both within the state and between the state and non-state actors.Consistent dialogue around how maritime security is conceptualised would be helpful in supporting these two conditions the article posits, elaborating the value of the human security lens for those interested in a more comprehensive approach to maritime security.     

Fighting pollution

The role of the US Coast Guard in protecting the marine environment. A policy statement by the Chief of the Office of Research and Development of the US Coast Guard.¹     

Regional co-development and security:: a comprehensive approach

Concepts of security are no longer limited to the military form, but other potential, economic, ecological, social aspects are becoming included.Emphasis needs to be put on integration of all dimensions of security. Many environmental problems present threats to human health and welfare and hence to the well-being of nations. The environmental issues cannot be ignored in context of any comprehensive security concept, but environmental security should not be treated in isolation.Integration of sustainable development and regional security may address many of the current maritime issues. Such integration may best be handled jointly and at regional levels.With this in mind and the realization that there is now a clear awareness and understanding that issues such as poverty, underdevelopment, population growth, environmental quality and sustainable resource use, are interrelated and interdependent and must be dealt with as such, the paper aims to highlight some aspects of regional security and sustainable development issues with reference to the Mediterranean basin. The aim is to initiate a process to pursue integration of sustainable development and comprehensive regional security with focus on the Mediterranean.The approach is based on the concept of the Common Heritage of Mankind as proposed by Arvid Pardo in 1967. It has 4 dimensions: economic; ethical; environmental; peace and security. In dealing with the proposal of Arvid Pardo the United Nations General Assembly decided to split up the concept: the Conference on the Law of the Sea was to deal with the peaceful uses of oceans and sea-beds; the Conference on Disarmament with the security aspects, then considered as military. UNCED 92 maintained the separation in addressing only environment and development, with management also included. However, peace and security were not included. It is time now to include these elements, and also consider the enforcement issue. The paper aims at illustrating this need through some examples from the Mediterranean basin.     

The geopolitical dimension of maritime security

This article discusses the geopolitical dimension of maritime security, which has been neglected by scholars despite the growing number of studies devoted to a variety of aspects related to maritime security. The first step consists in clarifying the definitions of the two concepts; ‘geopolitics’ and ‘maritime security’. Then the article introduces the geopolitical dimension of maritime security from a conceptual perspective, and then analyses three practical examples of maritime security geo-strategies released in 2014. The results demonstrate that states’ and international institutions’ maritime security objectives and interests are indirectly and directly influenced by geographical and geopolitical considerations, although this link is only tacitly acknowledged in official documents. Scholars and practitioners interested in maritime security are encouraged to further engage with this dimension.     

An investigation of roll characteristics of two full scale ships at sea

Random roll responses measured during the sea trials of two Canadian Coast Guard search and rescue vessels have been analysed using an innovative approach. This approach comprises the use of a combination of the random decrement technique, a neural network algorithm and mathematical modelling. Roll characteristics are found to vary randomly. Estimates of the mean values and the variances of the parameters were obtained and their variation with forward speed has been discussed.     

Introduction: military and intelligence gathering activities in the exclusive economic zones: consensus and disagreement II

Maritime issues have risen to the forefront of current security concerns. In particular, military and intelligence gathering activities in foreign exclusive economic zones (EEZ) remain controversial. Exacerbating factors include advancing military and intelligence technology, a growing dialectic between coastal States and maritime powers, and new threats like terrorism and weapons of mass destruction. The Honolulu Meeting was part of a Dialogue series on these issues. Topics covered included a summary of the Tokyo Meeting; recent incidents and developments; different perspectives; the proliferation security initiative; implications for the EEZ regime; key terms: range of interpretation; hydrographic surveys and scientific research: differences, overlaps and implications; draft guidelines for military and intelligence gathering in the EEZ; means and manner of implementation and enforcement of any agreed rules; and conclusions and the way forward.     

Forecasting geopolitical risks: Oceans as source of instability

The publication of reports on geo-political risks in the world sponsored by intelligence agencies, university institutes and think tanks are valuable instruments in societies that are being increasingly exposed to the effects of globalisation. Although all express mention of geo-political risks of a maritime nature is absent from these documents, it is an interesting exercise to determine: i) Which geo-political risks or threats have a maritime dimension or imply derivations whose occurrence may be linked to maritime space? ii) Which processes or tendencies in the use, occupation and governance of maritime space can fall into the category of geo-political risk? The basic aim is to address the forms that instability and geo-political risks take in the ocean world. If the risks stated in the chosen literature are examined from the maritime perspective, it is possible to perceive ‘secondary’ risks whose size and reach can become major contingencies for international stability. They therefore should not be ignored in the prognosis and evaluation of geo-political risks. In as much as societies' political organisation continues to rest on the nation-State, the dominance of the maritime component in the territorial basis is a permanent source of tensions and conflicts. In parallel with this, the displacement of economic expectations and the supply of traditional and new resources to the marine environment broadens the spectrum of risks and threats.     

The strength of Malaysian maritime cluster: The development of maritime policy

A comprehensive maritime industry policy that can be adequately monitored to achieve a competitive advantage is important. The Malaysian maritime industry comprises multifaceted sectors that are governed by fragmented governmental agencies. In this research, we investigated the Malaysian maritime industry cluster comprising three main sectors: Shipping, Ship Industry, Ports and Terminals. The Strength Indicator Model has been developed to reveals the maritime industry cluster. We find that the Competitions, Locations, Connections, Government and Chances factors affect the capability of the Malaysian maritime industry cluster. The result of this study will give a framework for Regulatory bodies and the various stakeholders to support the Malaysia maritime industry progressing toward a more competitive and sustainable development of the industry with the aim to become the developed maritime nation.     

Ocean governance and maritime security in a placeful environment: The case of the European Union

Adopting a critical geopolitics approach that accounts for the mutually reinforcing link between geo-informed narratives and projection practices, this article proposes that ocean governance and maritime security have translated into states' and regional organisations' increasing control over maritime spaces. This leads to a certain territorialisation of the sea, not so much from a sovereignty and jurisdictional perspective but from a functional and normative perspective. The article starts by discussing the ways oceans have been represented and shows that they are far from a placeless void, both in practice and in discourse. The article then frames the analysis of ocean governance and maritime security within critical geopolitics, and elaborates on the case of the European Union's narrative and practice. It concludes on the mutually reinforcing link between discourse and practice in the field of ocean governance and maritime security in general, and on the consequences for the EU in particular. Scholars working on ocean governance and maritime security are encouraged to challenge the traditional view that oceans are placeless.