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Essay代写:The polar rules

2019-08-30 17:20:02 | 日記
下面为大家整理一篇优秀的essay代写范文- The polar rules,供大家参考学习,这篇论文讨论了《极地规则》。《极地规则》是一部具有强制力的极地航运法律规则,它的制定有利于弥补现有立法的不足,通过强制性规范为国家间稳定关系提供解决方法、推动国际海事公法向综合性规定发展。《极地规则》的强制性是通过对上述人身安全公约与船舶污染公约进行补充修改而获得的,而且对公约缔约国来说是默示适用的。它的出现使得极地航行领域形成了具有强制力的国际统一标准,并为极地船舶航行安全及海洋环境保护提供了一定法律保障。

The formulation of the polar rules is conducive to making up for the deficiencies of existing legislation, providing solutions to stable relations between countries through mandatory norms, and promoting the development of international maritime public law to comprehensive provisions. However, the polar rules are also faced with difficulties such as inconsistency with current maritime laws, difficulty in implementation and upgrading of traditional seaworthiness standards. China should, based on its exploration of the arctic shipping lanes, clearly position itself on arctic affairs, and fully respond to the polar rules by studying them in depth, taking the initiative to abide by the polar rules, making corresponding amendments to its domestic laws, and striving to improve its navigation capacity.

For the international community, the conflict between navigation safety, environmental protection and commercial development in polar regions has always been an urgent problem to be solved. Against this background, IMO has taken many countermeasures according to the actual situation and previous international treaties and relevant provisions. Previously, polar maritime legislation was either too general or not mandatory, which resulted in the polar rules, a legal rule of polar shipping with mandatory force. The polar rules make up for the deficiencies of the existing legislation, supplement the international maritime public law system, and have mandatory binding force. It realizes the transformation from "soft law" to mandatory norms, and promotes the development of international maritime public law to comprehensive provisions, which is of great significance. In recent years, China has also made some attempts to utilize the arctic waters and shipping lanes. However, considering the geopolitical and natural environment impacts of the arctic shipping lanes, the commercial operation of the arctic shipping lanes still faces many risks and challenges.

The safety of shipping and the protection of undeveloped areas are of vital importance to the extremely hostile but extremely vulnerable polar regions. Imo and the international community have always focused on it and issued a series of rules and methods.

As the United Nations agency responsible for maritime navigation safety and pollution prevention, IMO has played an important role in maritime legislation in polar regions. At present, polar region legislation is mainly composed of two aspects: one is the universal international maritime convention applicable to global waters; On the other hand, it has obvious pertinence, that is, relevant guidance documents and rules specially formulated according to polar regions.

Universal international maritime conventions include the international convention on the safety of life at sea, the international convention on standards of training, certification and watchkeeping for seafarers and its amendments, and the international convention on the prevention of pollution from ships and the 1978 protocol. The navigation rules for polar waters were developed by the IMO at the beginning of the 21st century. In 2002, the sub-committee on ship design and equipment submitted and reviewed the "operational guidelines for ships in arctic icebound waters", which was then implemented as an optional guide. But the guidelines apply only to frozen arctic waters, not all polar waters. Subsequently, driven by the report of the arctic council, the 26th IMO general assembly adopted the manual for the operation of ships in polar waters, which expanded the scope of application beyond the arctic ocean based on the 2002 arctic guide.

However, the "guidelines" are, after all, only instructive, not mandatory. With the increasing demand of the shipping industry for polar development and the increasingly fierce competition for polar environmental resources among the countries around the polar regions, IMO realized that it was necessary to issue a mandatory law to regulate polar shipping activities and protect the ecological environment of the polar regions. Therefore, from 2009 onwards, the IMO began to formulate a mandatory polar shipping law, namely the international rules for the operation of ships in polar waters. In fact, the enforcement of the polar rules is obtained through supplementary amendments to the above personal safety convention and the pollution convention on ships, and is implicitly applicable to the states parties to the convention. The emergence of polar navigation has formed an international uniform standard with mandatory force, and provided a certain legal guarantee for the navigation safety of polar ships and Marine environmental protection.

In recent years, with the development of global warming trend, the ice area in polar regions is shrinking. For the arctic region, the expansion of shipping lanes will inevitably lead to the development of pan-arctic commercial activities. From this analysis, the ship navigation safety and the protection of undeveloped environment in the arctic region need the polar rules to be issued. The introduction of this rule has the following significance.

Although, as mentioned above, the international community has worked out some universal international maritime conventions regarding the maritime legislation of polar regions, including IMO, their application to the current arctic navigation still has certain limitations. For example, the international convention for the safety of life at sea (solas) stipulates the safety requirements for ships carrying dangerous goods during arctic navigation. The international rules for the avoidance of collisions at sea stipulate the technical requirements for navigation of ships in the course of navigation. The scope of application is the high seas and all waters connected with the high seas. The international convention on the prevention of pollution caused by ships and the international convention on standards of training, certification and watchkeeping of seafarers have made provisions on international standards for the prevention of pollution caused by ships in the course of navigation and Suggestions on training of seafarers, etc. However, these provisions are not specific to polar waters. Therefore, the emergence of the polar rules effectively makes up for the deficiencies of the existing legislation. The unified rules provide for issues related to polar waters. Compared with revising or supplementing the original international public maritime law one by one, the comprehensive governance of arctic navigation is carried out to cover all aspects of arctic navigation, so that the original system of international public maritime law is supplemented and improved.

The biggest improvement of the polar rules is that they are no longer a non-mandatory guide, but a mandatory rule. The past international maritime legislation is actually "soft law", which is not mandatory. At the same time, the arctic waters are surrounded by a large number of countries, some of which have delayed or even refused to enforce the relevant rules out of national self-interest. For example, the 2002 arctic guide is not mandatory. Although it is a special and unique regulation for arctic shipping at that time, as the regulations are only voluntary and have no legal binding force, ships have no mandatory obligation to comply with the guide. If passing vessels do not meet the requirements of the guidelines, the port state has no right to carry out law enforcement activities, and the guidelines are meaningless. In addition, according to article 234 of the United Nations convention on the law of the sea (unclos), coastal states may, for legitimate purposes, make relevant laws and regulations on the Marine environment according to their own conditions. However, from a practical perspective, there are many countries involved in the waters of the arctic region, and laws made by different countries for different purposes may have legal conflicts, resulting in inconsistent application of laws in the same waters, which poses hidden dangers for navigation safety and convenience. Based on the above situation, the mandatory changes in the polar rules provide uniform legal standards for shipping in different waters. On the one hand, this rule can simplify the legal procedure and reduce the legal cost. On the other hand, it can reduce actual disputes between countries and provide solutions for stabilizing international order and ensuring stable relations between countries.

As a supplement to the international maritime law system, the polar rules have an important legal status in the international maritime legislation system. The rules are comprehensive and practical based on the realities of the arctic region, and are a creative addition to both international and domestic rules. Through the above analysis, as a mandatory norms, help make up for the legal system of international law in the arctic region, further safeguard involved in the polar regions on the solution of the dispute, and to provide scientific paradigm to solve actual problems, reduce disputes, promoting the international maritime law towards institutionalization and scientific direction.

Considering the geopolitical and natural environmental characteristics of the arctic shipping routes, the polar rules put forward more high-end requirements for the construction of the order of the arctic shipping routes from aspects of ship design and construction, certification standards, navigation safety and environmental protection responsibilities.

According to the graphic illustration of the polar rules, the definition of water area between the South Pole and the North Pole is used. Due to the single climate type of the South Pole, its water boundary is divided along the latitude line. By contrast, the arctic waters, due to the influence of the north Atlantic current, tend to shrink from east to south in the area north of latitude 60°, then cross the bering strait and reach the planned arctic coastline near Russia in the northeast.

The degree to which ships can withstand ice in polar regions varies slightly due to the different Marine domains involved. Currently on the international shipping operator related technical requirements more authority is "polar shipping certificate" and "polar waters operation manual", under the terms of the polar rules, in the two rules in the condition of the ship waters operations have specific requirements in detail, namely the polar Marine certification's identity, which is more progress at the international level.

At the 89th board meeting, IMO introduced a new set of standards on ship planning and specific construction methods -- GBS target standards. Under the guidance of this objective standard, there are five levels: the polar rules adopt the first three levels, namely the target level, the functional level and the specific provisions agreed to be observed by the contracting parties; the fourth and fifth levels of standards are supervised and implemented by classification societies and shipping associations of various countries, which reflects the development trend of international maritime conventions.

Considering that the environmental conditions of polar waters have the characteristics of variability and diversity, it is difficult for polar ships to set the strictest conditions by adopting the same safety control principle as conventional ships, but the operation restriction safety principle is adopted, that is, the combination of ship operation capacity and operation restriction to achieve the equivalent safety level. Based on the above problems, the polar rules put forward requirements for risk reduction, and at the same time make general provisions on matters related to the safe navigation of ships. Firstly, a ship can meet the requirements through the relevant design and functional arrangement of its own ship. Secondly, vessels comply with the regulations in their design in accordance with article 4 of chapter XIV of solas.

From the perspective of facts, the polar rules, which have been passed, will still be different and in conflict with the existing effective international maritime legislation. The polar rules is a polar waters uniform rules of environmental protection, it is with the United Nations convention on the law of article 234 of the coastal state, given the so-called supervision right conflicts, the coastal countries, including Russia, Canada and other countries, may no longer be able to enjoy conferred by the United Nations convention on the law of "privilege", and shall abide by the rules of the polar high standard proposed by the authors to domestic legislation must be corrected.

If in accordance with the Vienna convention on law, for the same items, concluded after the polar rules shall give priority to the United Nations convention on the law applicable, but considering the polar rules are incorporated into to the international convention for the prevention of pollution and the international convention on the safety of life at sea in the attachment, it has successively relationship may need to be consider. Add to that the fact that Russia and Canada are big countries in arctic waters, and there will be many political implications. Although the author believes that it is necessary for the arctic coastal states to pass domestic legislation to incorporate the mandatory "polar rules", which takes into account the interests of all parties, into the legal regulation of waterway control, it may not be an easy task.

Although the polar rules are mandatory in nature, it does not mean that the polar rules can be effectively enforced. As noted above, it may not be easy for coastal states to incorporate the mandatory norms embodied in the polar rules into their domestic legislation. In addition, considering that the polar rules are an annex to the international convention for the prevention of pollution from ships and the international convention for the safety of life at sea, the implementation of the relevant rules is still determined by the flag state itself. This point is exposed when analyzing the high-end requirements of the polar rules. Although the "polar rules" put forward more high-end requirements on the construction of the order of arctic shipping from aspects of ship design and construction, certification standards, navigation safety, environmental protection responsibilities, etc., it does not stipulate the punishment mechanism and enforcement subjects. In this way, even the high standards are meaningless. This not only makes the implementation effect largely depends on the voluntary nature of the country, some ships that do not meet the high-end requirements may still sail, but also makes it difficult for each country to reach a unified standard in the process of making their own decisions, thus increasing the difficulty of implementation. In his book, oceanographer Dr Wilman argues that the polar rules are important to the arctic, and that without independent enforcement of the arctic, the arctic ocean and even the arctic could be unguarded. At the same time, the arctic council should independently implement the polar rules. Some scholars believe that even if the arctic council does not have the rights and interests related to implementation, there is no doubt about the establishment and clarity of independent implementation bodies. Only when the executive body of the rules is the same can the division of functions be clearly defined, which can effectively protect the relevant environment in the arctic region, and at the same time reduce the situation of countries passing the buck to each other due to the problem of responsibility. Therefore, to ensure the smooth implementation of the high standards under the polar rules, the independent executive body should be clarified.

Given the extreme nature of arctic waters, it would be too strict to impose carrier obligations under traditional airworthiness rules. Take the Rotterdam rule as an example, the rule itself should bear more responsibilities for the carrier than other rules. In terms of the burden of proof, the rule directly excludes relevant defenses and defense benefits available to the carrier. Even when the ship is not seaworthy, it is assumed that the carrier is negligent in the transport of the ship. In this way, when the Rotterdam rules are applied in the arctic, a channel with harsh environment and great risk of navigation, the carrier itself faces great risk. It is difficult to predict and control the risks in the process of navigation. In this case, it still requires the carrier to be careful to make the ship seaworthy, seaworthy and cargoes fit at the same time. This airworthiness standard is too high.

Therefore, based on the above analysis, preferential provisions should be made for carriers, which should more reflect the fairness principle at the level of legal provisions, and increase the protection for carriers by legal provisions or open provisions. For example, simplify the proof procedure, provide exemption, and encourage the carrier to engage in transport. We will increase the enthusiasm of carriers to engage in shipping in the arctic sea lanes, so that the arctic sea lanes will play a practical role in their utilization and operation.

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