浅议海上责任保险第三人直接请求权的行使条件

随着海上责任保险第三人权利保护的问题受到人们的日益重视,各国普遍赋予了海上责任保险第三人对保险人的直接请求权,但各国立法基本上未考虑到强制海上责任保险的特殊性,从而没有明确区分自愿海上责任保险中第三人直接请求权与强制海上责任保险中第三人直接请求权不同的权利属性,因而只笼统地对海上责任保险第三人行使直接请求权的条件做出概括性规定,这无法真正实现强制海上责任保险充分维护第三人利益与社会公共利益的立法价值。针对这一立法缺陷,提出应在明确自愿海上责任保险中的第三人直接请求权与强制海上责任保险中的第三人直接请求权具有不同权利属性的前提下,针对这两种不同的海上责任保险规定第三人不同的权利行使条件。     

Systematic marine conservation planning in data-poor regions: Socioeconomic data is essential

Systematic planning for conservation is highly regarded but relies on spatially explicit data that are lacking in many areas of conservation concern. The decision support tool Marxan is applied to a reef system in the central Philippines where 30 marine protected areas (MPAs) have been established in communities without much use of biophysical data. The intent was to explore how Marxan might assist with the legally required expansion to protect 15% of marine waters, and how existing MPAs might affect that process. Results show that biophysical information alone did not provide much guidance in identifying patterns of conservation importance in areas where the data are poor. Socioeconomic data were needed to distinguish among possible areas for protection; but here, as elsewhere in marine environments, the availability of such data was very limited. In the final analysis, local knowledge and integrated understanding of socioeconomic realities may offer the best spatially explicit information. The 30 existing MPAs, which encompassed a small proportion of the reef system, did not limit future options in developing a suite of MPAs on a broader scale. Rather, they appeared to generate the support for MPAs that is obligatory for any larger zoning effort. In summary, establishing MPAs based on community-driven criteria has biological and social value, but efforts should be made to collect ecological and socioeconomic data to guide the continued creation of MPAs.     

Designation of marine protected areas in Belgium: A legal and ecological success?

In Belgium a long process (1999–2005) led to the designation of several marine protected areas (MPAs). In order to analyse the designation process, the ‘policy arrangement approach’ was used as an analytical tool. Attention was given to four dimensions (actors and coalitions, arguments, rules and resources). Particular attention was paid to the switch from an authoritative to a more deliberated policy style in reaction to conflicts with stakeholders. This switch in policy style contributed to a successful legal designation, but does not guarantee the best protection of marine biodiversity. This case study linked science (setting ecological goals) to policy (analysis of a policy process) and led to some more general conclusions on the designation of MPAs and the role of participation in this process.     

Challenges in developing China's marine protected area system

Since the 1980s, there have been continuous increases in the coverage of marine protected areas (MPAs) in China, and a total of 158 MPAs have been declared. The MPA system in China is characterized by (1) decentralised designation and management with reduced control from the central government; (2) a dominance of de jure fully protected MPAs that are often implemented as de facto multiple-use areas; and (3) a lack of objective evaluation processes. To improve China's MPA system requires an appropriate integration of fully protected and multiple-use MPAs, and an approach that balances the advantages of top-down and bottom-up approaches.     

A review of marine mammal,sea turtle and seabird bycatch in USA fisheries and the role of policy in shaping management

This paper reviews the available information (observer programs, estimates, statutes, regulations) for bycatch of marine mammals, sea turtles, and seabirds in fisheries of the United States. Goals of the review were to evaluate the state of knowledge of bycatch and the role of existing protective legislation in shaping bycatch management for different taxa. Pressing issues are identified, as well as knowledge gaps and policy limitations that hinder multi-species bycatch reduction. The USA has made important progress toward reducing bycatch in its fisheries, but the efficacy of its management has been limited somewhat by a focus on taxon- and fishery-specific regulation and the lack of consistent mandate across taxa for taking a cumulative perspective on bycatch. Applying consistent criteria across taxa for setting bycatch limits (e.g., extending the approach used for marine mammals to sea turtles and seabirds) would be the first step in a multi-species approach to bycatch reduction. A population-based multi-species multi-gear approach to bycatch would help identify priority areas where resources are needed most and can be used most effectively.     

Performance of community-based coastal resource management (CBCRM) programs in the Philippines: A meta-analysis

Community-based coastal resource management (CBCRM) is a major conservation and fisheries management strategy in the tropics. In this study, the performance of 16 CBCRM programs in the Philippines was assessed using a meta-analysis of eight indicators that represented the perceptions of local resource users. Overall, the CBCRM programs in the Philippines were perceived to have a significant positive impact. However, the performance of each of the indicators was mixed. Although the CBCRM programs were perceived to be effective in empowering the local fishing communities, their perceived impact on improving the state of the local fisheries resources remained limited. This highlights the importance of incorporating ecological and socio-economic considerations in setting fisheries management regimes.     

Developing a conceptual model of marine farming in New Zealand

Survey and Geographic Information System (GIS) data analysis describes the relative influence of biophysical and human variables on site choices made by marine farmers in New Zealand. Community conflicts have grown in importance in determining farm location and different government planning strategies leave distinct signature patterns. Recent legislation empowers local governments to choose among three strategies for future regional aquaculture development. This paper suggests each strategy could result in different spatial outcomes. Simulation modelling of the type described here can provide a better understanding of farmer responses to management approaches and the range of futures that could result from planning choices made today.     

Marine reserve phenomenon in the Pacific islands

Coinciding with increased numbers of global marine reserves, communities in the Pacific islands are establishing unprecedented number of periodically-harvested and indefinitely-closed marine reserves. An integrated ecological and social comparative methodology is used to examine the motivations and outcomes of reserves in Vanuatu. Communities establish permanent reserves due to concerns about human impacts on reefs, while others establish periodic reserves in response to declining resources. Local knowledge suggests that both reserve types are effective, although validation by underwater surveys was inconclusive. Community support for both reserve types is strong, suggesting that the marine reserve phenomenon in Pacific will continue.