The Western European PSSA proposal: a “politically sensitive sea area”

In response to a public demand for action, following a series of high profile marine pollution events in their waters, several European States sought designation, by the International Maritime Organization (IMO), for an extensive marine area as a Particularly Sensitive Sea Area (PSSA). The approval ‘in principle’ of this area as a PSSA led to demands by several States to re-examine and constrain the entire PSSA concept. This paper analyses the European application and the response, by many IMO members, to the decision to approve the application in principle. Consideration is given to the legal basis for such an application as well as the potential implications the decision may have on future PSSA applications.     

Multilateralism in the Straits of Malacca and Singapore

This paper analyzes International Maritime Organization (IMO) involvement in maritime cooperation regime in the Straits of Malacca and Singapore through multilateralism. It begins by introducing the maritime cooperation regime prior to 2001, which was mainly trilateral in nature through Tripartite Technical Expert Group on the Safety of Navigation (TTEG). Although TTEG managed to increase the level of safety of navigation in the Straits of Malacca and Singapore through the implementation of the Traffic Separation Scheme (TSS) in 1981 and Mandatory Ship Reporting System (STRAITREP) in 1998, such cooperation was beset by financial strain and conflict of interests. Subsequently, there was a change in the cooperation regime after 9/11 incident. This paper identifies that the change was contributed by the IMO through a methodology called multilateralism. Three important principles were adopted by IMO in implementing multilateralism in the Straits of Malacca and Singapore, namely generalized principles of conduct (respect for sovereignty and compliance with burden sharing principle under Article 43 of UNCLOS 1982), diffuse reciprocity, and indivisibility. This paper concludes that multilateralism by IMO has transformed trilateral cooperation into multilateral cooperation in the Straits of Malacca, combining state actors (littoral states and user states) and non-state actors (non-governmental organizations and international shipping industries).     

STCW ’95: implementation issues: What is the pass mark?

By 1 August 1998 Regulation I/7 of the 1995 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978) requires a comprehensive submission of information to the International Maritime Organization supporting an Administration’s claim that it complies fully with, or is in the process of implementing, STCW ’95 via policy and legislative processes. Once the complete information is received by the International Maritime Organization, the Secretary-General must submit a report to this effect to the Maritime Safety Committee. Three questions emerging from this controversial provision in STCW ’95 are:

• •When, if ever, is the information from an Administration complete?
• •What is the time frame allocated for confirmation by the IMO Secretariat?
• •How does IMO assess whether the claim by an Administration is valid?

The absolute nature of the phraseology within Regulation I/7, in the author’s view, handcuffs the certification verification process by ‘competent persons’. Equally unfortunately for Administrations, STCW is mute on establishing time frames for the processing of their submissions within IMO. Conceivably, a submission by a proponent aspiring for ‘white listing’ may be delayed sufficiently long for the Secretary-General’s report to miss the MSC regular meetings. What would be the impact of such a delay?Perhaps of greater importance though are two key issues linked to the third question. These issues lie at the heart of the amendments to STCW. Firstly, there is not an appeal or challenge mechanism to IMO’s decision; whether it is favourable or not. It is difficult to gauge at this time either the international shipping community’s reaction to an unfavourable report by IMO or an Administration’s position/policy to recognize a chastised Party’s submission. Secondly, the notion of ‘black- listing’ an Administration for sub-standard marine certification and training may not be sustainable under international jurisprudence. Advocates for IMO’s new role as a ‘watchdog’ of global marine certification and standardization organ for the United Nations would, no doubt, take a contra-position.This article attempts to illuminate the complexity of issues nested within Regulation I/7 of STCW ’95. Emerging controversy could strain international relations to such an extent that the high aspirations of the Convention’s drafters for marine certification transparency may not be realized.     

An Electronic Chart Display and Information System

This article introduces the most advanced form of electronic chart display and information systems (ECDIS) which complies with the performance standards for ECDIS established by the International Maritime Organization (IMO) and International Hydrographic Organization (IHO). It also describes the key features and the important functions of ECDIS, which we developed. This system is different from the productions developed by C-map, Seven-cs, offshore, and others. It is more suitable for China Marine Safety Administration Bureau to manage the navigation marks real-time. Using this system charts were located and accessed rapidly, and displayed smoothly. This article also discusses in ECDIS application system how to dynamically access and desert charts data in a limited memory (limited computer memory and resource). We constructed a tridimensional structure to manage a large amount of charts data. Vertically, according to the scale range, all charts were divided into eight levels, and a data structure called as “Multiple Scale Quad-tree” was constructed. And horizontally, a grid (every unit has a fixed size) was given to a certain scale level. We call this data structure a “Regular Page.” We explore the implementation of such a structure on the worldwide charts management utilizing quad-trees. Then we discuss the future development of ECDIS and its application system in marine agencies in China.     

Environmental protection and the freedom of the high seas: The Baltic Sea as a PSSA from a Swedish perspective

In 2005, the Baltic Sea, except for its Russian waters, was designated as a particularly sensitive sea area (PSSA) by the International Maritime Organization (IMO). The previous designation of the Western European waters as a PSSA—intensely debated within the IMO—had repercussions for this process. Reviewing the case exposes the conflict between the fundamental principles, territorial sovereignty, and freedom of the high seas that international law seeks to balance. Likewise, review indicates that the PSSA concept is under almost constant reconceptualization as it is put to test in practice.     

An Electronic Chart Display and Information System

This article introduces the most advanced form of electronic chart display and information systems (ECDIS) which complies with the performance standards for ECDIS established by the International Maritime Organization (IMO) and International Hydrographic Organization (IHO). It also describes the key features and the important functions of ECDIS, which we developed. This system is different from the productions developed by C-map, Seven-cs, offshore, and others. It is more suitable for China Marine Safety Administration Bureau to manage the navigation marks real-time. Using this system charts were located and accessed rapidly, and displayed smoothly. This article also discusses in ECDIS application system how to dynamically access and desert charts data in a limited memory (limited computer memory and resource). We constructed a tridimensional structure to manage a large amount of charts data. Vertically, according to the scale range, all charts were divided into eight levels, and a data structure called as “Multiple Scale Quad-tree” was constructed. And horizontally, a grid (every unit has a fixed size) was given to a certain scale level. We call this data structure a “Regular Page.” We explore the implementation of such a structure on the worldwide charts management utilizing quad-trees. Then we discuss the future development of ECDIS and its application system in marine agencies in China.     

Injury criteria of the IMO and the Hybrid III dummy as indicators of injury potential in free-fall lifeboats

During certification of free-fall lifeboats, it is necessary to infer the injury potential of the acceleration forces exerted on the occupants during water entry. Such an evaluation is required by the International Maritime Organization (IMO) and most regulatory authorities. The dynamic response model and the square-root sum of the squares method are two criteria included in the IMO recommendation for testing lifeboats. At least one national authority requests use of the Hybrid III human surrogate when inferring injury potential. The purpose of this paper is to compare the potential for injury as indicated with the IMO criteria and that obtained through use of the Hybrid III manikin. The comparison is based on data obtained during prototype tests with full-scale free-fall lifeboats launched from heights of up to 30 m.     

Hydrographic surveying in the EEZ: differences and overlaps with marine scientific research

This paper reviews differences and overlaps between hydrographic surveying and marine scientific research in the exclusive economic zone (EEZ), including the concept of military surveying. It concludes that recent trends with technology, the utility of hydrographic data and State practice suggest that hydrographic surveying in the EEZ should be under the jurisdiction of the coastal State. Paradoxically arguments for military surveys in the EEZ being outside coastal State jurisdiction appear stronger than those for hydrographic surveying. The paper offers some guidelines related to the conduct of hydrographic surveying in the EEZ.     

国家管辖范围以外区域环境影响评价的筛选机制研究

国家管辖范围以外区域(Areas Beyond National Jurisdiction,ABNJ)海洋生物多样性养护与可持续利用问题是当前国际社会共同关注的一个焦点。联合国大会2015年通过关于BBNJ(Biodiversity Beyond National Jurisdiction)养护和可持续利用问题的69/292号决议,决定在《联合国海洋法公约》框架下制定具有法律约束力的新协定(BBNJ国际协议)。环境影响评价是BBNJ国际协议的重要组成部分。对ABNJ当前主要的人类活动以及现有环境管理机制进行梳理,结合国际层面和区域组织的环境影响评价框架以及主要国家的环境影响评价实践,对ABNJ主要人类活动的环境影响评价筛选机制进行研究,着重分析以“重大不利影响”作为环境影响评价的启动门槛的正当性;并从项目的选址、项目特征和项目影响这3个主要因素出发,阐明适用于ABNJ的环境影响评价筛选标准;最后,基于不同类型活动的综合分析,就ABNJ环境影响评价的适用活动范围进行初步探讨,并尝试为ABNJ环境影响评价适用的活动清单提出方案设想。     

IHOS-100在电子航海E-Navigation中的应用

为提高航海安全与效率,IMO提出了电子航海E-Navigation(E-Nav)战略;S-100作为新的国际海道测量数据模型,被IMO采纳为E-Nav的数据获取与服务提供技术框架。探析了S-100为E-Nav提供统一公共数据结构、信息注册器以及各类数据生产的具体规范与标准,同时对我国开展基于S-100的E-Nav建设提出了一些思考。     

数字海图中助航设备的自动综合探讨

助航设备是海图上一种重要的点状要素,其自动综合是海图自动综合的重要研究内容.以数字海图数据为基础,深入探讨了数字海图中助航设备的自动综合问题,重点研究了助航设备的自动选取.基于助航设备分布和分级的规律性,提出了一种助航设备自动综合方法.初步实验表明,该方法在实现助航设备自动综合时效果较好.     

Analysis on the development trends of capture fisheries in North-East Asia and the policy and management implications for regional co-operation

The seas in North-East Asia, the Yellow/East China Sea and the East Sea, which are semi-enclosed seas constituting unitary ecosystems are now facing many problems such as depletion of fish stocks, poor fishery management policies, and large-scale deterioration of the marine environment. The fishery resources of the region have long been subject to heavy fishing pressures, and many stocks are now believed to be seriously depleted and may be in danger of extinction because of overfishing. In addition, poor fishery management policies have accelerated overfishing and the rapid depletion of fish stocks. Considering this rapidly deteriorating situation, regional co-operation based on the 1982 UN Convention among coastal states should be given top priority. Most fish stocks in the region migrate beyond the jurisdiction of any one country. Indeed, one state by itself can easily destroy fishery resources because semi-enclosed seas, particularly those such as the Yellow/East China Sea and the East Sea, cannot be managed effectively without close co-operation among the coastal states.     

Fishing capacity management in China: Theoretic and practical perspectives

The Food and Agriculture Organization (FAO) Committee on Fisheries (COFI) adopted an International Plan of Action for the Management of Fishing Capacity, which calls for all member states to achieve efficient, equitable and transparent management of fishing capacity by 2005. Based on the theoretical review of fishing capacity management, this paper examines the major practices made by China's government in managing the fishing capacity of its marine capture fisheries. Finally, it categorizes the main practices and then analyses and evaluates their effects.     

Strategies for promoting biodiesel use in marine vessels

The marine transportation sector, responsible for consuming a large amount of degraded fuel oil, is one of the major contributors to global warming and air pollution. These effects are responsible for a large number of premature deaths in the US and throughout the world. The international regulation known as the 2008 MARPOL Annex VI Amendment, which is enforced by the International Maritime Organization (IMO), has imposed progressively more stringent limits on emissions from marine vessels. Biodiesel, an environmentally friendly, renewable, clean, and low-carbon fuel, is regarded as the most appropriate alternative fuel for marine vessels. However, the promotion of biodiesel use in water-borne transportation is considered to be a bigger challenge than its more successful development in land-based applications. The major obstacles to promoting biodiesel blends in marine transportation are examined in this study. The strategies proposed to overcome these obstacles include the comprehensive field testing of the biodiesel blends in marine vessels of various representative types, establishing a marine-grade biodiesel specification, increasing the price competitiveness of marine-grade biodiesel by reducing its manufacturing costs, providing tax cuts, exemptions, and government subsidies, increasing the amount of biodiesel use in marine applications, adopting compatible elastomers and metallic materials in fuel feeding systems and storage tanks, applying approaches or technologies suitable for improving the low-temperature fluidity of biodiesel blends, and increasing the added value of purified glycerol. The effective application of these strategies will enable the more widespread use of biodiesel in marine applications, significantly reducing emissions from ships, improving global air quality, protecting the ecological environment and improving people’s health.     

Bio-logging as marine scientific research under the law of the sea: A commentary responding to James Kraska,Guillermo Ortuño Crespo,David W. Johnston,bio-logging of marine migratory species in the law of the sea,Marine Policy 51 (2015) 394–400

Rapid advances in attaching miniaturized electronic devices to marine animals for the purpose of learning more about their behavior and interaction with the marine environment, known as bio-logging, raise important and unsettled questions under the international law of the sea. Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS) provides coastal states with the right to regulate and authorize marine scientific research in offshore areas under their sovereignty and jurisdiction. In their recent article published in this journal, James Kraska, Guillermo Ortuño, and David W. Johnston, assert that although bio-logging is a form of marine scientific research, Part XIII of UNCLOS does not apply to tagged animals that collect scientific information within a coastal state’s 200 mile exclusive economic zone, territorial sea, or internal waters. This commentary rejects Kraska et al.'s interpretation and provides evidence to support the claim that coastal state consent under Part XIII of UNCLOS may, under some circumstances, apply to bio-logging. In light of the immense scientific contributions that bio-logging research provide to global marine conservation efforts and the possible burdens that may be imposed on researchers if coastal states begin to assert their rights under UNCLOS, it is important that the international community engage in a robust and candid discussion of the issue and develop a consensus-based approach on how best to move forward.     

Oceans governance and the implementation gap

Plenary sessions of: FAO, UNESCO/IOC, IMO and UNEP approve conventions, agreements, resolutions and action plans for implementation by UN and their member states. The paper reviews marine institutional architectures and policy-making processes of UN agencies, sovereigns states and Regional Indigenous Organizations (RIOs—organizations belonging to member states of a region), to identify why the above instruments are only partially implemented. The World Commission on Oceans report, 1998. Marine Policy 1998; 22(6). Childers and Urquhart, 1994. D. Williams, 1987 were consulted. The paper concludes that a division of responsibilities for implementation of globally agreed to ocean programmes between UN agencies and RIOs could contribute to closing the implementation gap.     

Innocent passage —past and present

The regime of innocent passage was developed to accommodate conflicting State interests in the territorial sea. Security and, more recently, environmental interests of coastal States, are opposed to the interests of maritime States in minimizing interference with navigation. This article discusses the regime of innocent passage in international law through the analysis of relevant treaty rules, including recent developments at IMO, and state practice. Specific attention is given to passage by warships and to coastal state jurisdiction over pollution by vessels in general and over ships carrying hazardous cargoes in particular.     

内河ENC助航标志S-57编码研究

内河电子海图(IENCs)生产已经提上我国航运保障议事日程,但是国内外尚没有广泛认同的IENCs标准。对比了国内外现有的地区性IENCs产品标准对内河航标的编码方式,将内河区分左右岸扩展了侧面标志类,建立了导标类概念。以此为基础,提出在S-57框架下内河航标体系编码的方案,并探讨了建立内河-海区一体化测绘航标体系的可能性。     

IMO框架下智能船舶适航的法律规制研究

随人工智能技术发展,智能船舶因其无人化、智能化的特点而与传统国际法律制度产生碰撞。当前,国际海事组织将制定“海上自主水面船舶规则”工作提上日程,航行安全问题作为其中的高度优先事项,受到各国广泛关注。船舶适航作为承运人的主要义务之一,是保障航行安全的先决条件。但智能船舶是否需要符合适航标准,如果适用会产生哪些法律障碍并如何解决等诸多问题亟待研究。对此,应修订《国际海上避碰规则》并明确智能船舶适船技术标准,明确岸基操作人员的法律地位并制定其资格取得、培训、值班标准,明确安全配员标准及需船员在船承担的职责的履行方式。