Lex Portus最新文献

{"title":"The “Genuine link” Concept: Is It Possible to Enhance the Strength?","authors":"S. Kuznietsov","doi":"10.26886/2524-101x.7.6.2021.3","DOIUrl":"https://doi.org/10.26886/2524-101x.7.6.2021.3","url":null,"abstract":"The article focuses on ways and means of strengthening the real connection between a ship and a state of registration. The author emphasizes the prerequisites, the conditions, and the consequences of the registration of seagoing ships in the alternative registries. He notes the complex nature of the genuine link and criticize the consideration of the registration of ships in states as activities aimed exclusively at generating income. The author considers public and private aspects of the registration of ships, its functions, and some mechanisms for preventing violations related to the link between a state of registration and a ship”. The negative impact of open registers and flags of convenience on genuine link strengths arises from the business approach to the choice of jurisdiction adopted both of shipowners and “convenient” registers. Thus, “convenient registers” view relaxation of requirements as a specific service that they provide and as a competitive advantage against other registers. ISSN 2524-101X eISSN 2617-541X 66 LEX PORTUS VOL 7 ISS 6 2021 The issue can be mitigated by coordinating steps taken by international maritime organizations and port states. The author notes the weakness of the steps taken to strengthen the genuine link, the inefficiency of norms of the international agreements in this sphere, assess the proposed mechanisms for strengthening it, and note the need to toughening control within the limits of the inspection according to the procedures of the Port State Control. The keywords: genuine link, flag state, “flags of convenience”, jurisdiction, pollution, prevention, open register, port state, coastal state, Port State Control. Introduction The genuine link between a ship and a state of registration is the main element of the principle of freedom of navigation. There is no precise definition of what is meant by the genuine link in the Conventions of 1958 and 1982. Its objectives and purpose emerge from the obligations of a flag state enumerated in article 10 of the Convention on the High Seas and article 94 of the UNCLOS’82. It should be noted that the genuine link was originally intended as an economic and a social connection between the owner of a ship and a state of registration (D’Andrea, 2006, p. 1), and was not limited to only one fact of entering ships in the register. The legal significance of the registration of sea-going merchant ships is reduced to two instants: public and private. In the first case, the registration accurately reflects the actual and the legal situation of the national merchant fleet, in the second – serves to ensure public control over transactions made with ships (Kokin, 2008, p. 5). Despite being enshrined in the global international treaties, the genuine link does not work correctly today. It is “eroded”, its significance is distorted, and questions about its presence and effectiveness arise mainly in situations involving significant violations in the sphere of marine activities (IUU fi","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41918180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ukrainian Maritime Policy: Stranded in a Transit","authors":"Sergiy Kivalov","doi":"10.26886/2524-101x.7.6.2021.1","DOIUrl":"https://doi.org/10.26886/2524-101x.7.6.2021.1","url":null,"abstract":"Some aspects of the formation and realization of the modern maritime policy of Ukraine have been defined in the article. Its legal basis has been considered, its changes and updates have been monitored. The possibility and the ability to develop the documents of long-term planning in the maritime industry have been noted. At the same time, the belatedness and the lack of actual mechanisms for ensuring the execution of their norms lead to a stagnation of systemic reforms and a comprehensive update of public administration of the sphere. The attention is focused on the importance of a systematic approach to the transformation of legislative and law enforcement practices in the sphere of maritime and port activities in Ukraine, ensuring stability and continuity in their administration. The positive and negative practices in the exercise of powers by some subjects of realization of the maritime and port policy of Ukraine have been described. The pernicious practice of distance and situational intervention of a state in solving problems of the maritime and port industries as a strategic component of its political, social, and economic stability has been emphasized. Author suggests that introduction of modern methodology, such as maritime spatial planning may have positive impact on the effectiveness of Ukrainian maritime policy. When considering the development of the coastal regions as one of the directions of the maritime policy of Ukraine, it has been noted the advantages of creating and functioning the free economic zones in them. The characteristic of the experience of creation and work, as well as the specifics of such forms of trade facilitation (the preferential legal and financially-economic regimes, the presence of a particular specialization of entrepreneurial and investment activities, etc.), shows the economic expediency of granting such status to the port cities and the coastal regions. It has been noted that the free economic zones today are an active means of state policy, capable equally of reanimating depressed territory and giving an additional impetus to the regional points of growth.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44113912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"AEOs’ Institution Development in the EU and Ukraine: Common Standards in Different Perceptions","authors":"Tetyana Ostrikova","doi":"10.26886/2524-101x.7.5.2021.4","DOIUrl":"https://doi.org/10.26886/2524-101x.7.5.2021.4","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48874990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Status of Offshore (Deep-Water) Oil Rigs: Coastal State Jurisdiction and Countering Oil Spills Threats","authors":"Kishore Vaangal","doi":"10.26886/2524-101x.7.5.2021.3","DOIUrl":"https://doi.org/10.26886/2524-101x.7.5.2021.3","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45252220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Seaports in the BRI: Challenges, Solutions and Emerging Regulations","authors":"V. Serafimov, O. Stets, Andriy Shkolyk","doi":"10.26886/2524-101x.7.5.2021.2","DOIUrl":"https://doi.org/10.26886/2524-101x.7.5.2021.2","url":null,"abstract":"The article examines ways to increase the efficiency of seaport projects within the framework of the Belt and Road Initiative. It considers the new challenges and threats posed by the COVID-19 pandemic and the crisis in the maritime sphere. The first direction of the research was an analysis of the current ISSN 2524-101X eISSN 2617-541X 15 LEX PORTUS VOL 7 ISS 5 2021 stage of the implementation of the BRI in the global port industry, attempts to strengthen the influence of the People’s Republic of China (the PRC) on the national port facilities and the reasons for the wrecking of the large, planned projects. The authors note the “rigidity” of China’s “soft power” in promoting and consolidating influence on the maritime port industry. The second part of the article describes the modern practice of implementing the BRI in Europe. The positive and negative aspects of cooperation of the People’s Republic of China with the EU countries are considered. The focus is on the strengthening influence of regionalism in the European port policy under conditions of the COVID-19 pandemic. In addition, the authors point out a natural gradual “cooling” of attitude towards the Chinese investment projects in connection with the focus on strategic sectors of the economy of the EU member states, reinforced by the spread of the pandemic. Based on the analysis, the ways to increase confidence in Chinese investment in the European region are proposed. The third direction of the analysis is the growth of the BRI northern segment, the beginning of the formation of the Ice Silk Road, and the investment projects of the PRC in the seaports of the traditional near-arctic states. The key words: the Belt and Road Initiative, ports, the 21st Century Maritime Silk Road, the COVID-19 pandemic, the China’s Arctic Policy, the Northern Sea Route. Introduction China’s global initiative “One Belt, One Road” unites the two projects – “The Economic Belt of the Silk Road” and “The 21st Century Maritime Silk Road”. This is the ambitious strategy announced by Xi Jinping in 2013 for the development of modern China to increase the influence on the world arena, revive dialogue of peoples and cultures, stimulate economic development and investments, strengthen, and expand transport communications (Belt and Road Initiative). The BRI is being continued as a global development program, an important strategic measure for the implementation of China’s policy of openness and coordinated regional development (Jiashu, 2021, p. 46). In its research, it is really necessary to abandon the excessive globalization and focus on individual elements (as recommended by Jean-Marc F. Blanchard (2021)), differentiation of projects and countries, and elaboration more specific proposals and formulations in cooperation agreements. 16 LEX PORTUS VOL 7 ISS 5 2021 However, after eight years of its implementation, it is possible to note significant results, difficulties, and updating prospects. The transport-related aspe","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46860528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The 5th Anniversary of Lex Portus Journal: Emerging Transnational Law of Supply Chains","authors":"Borys Kormych, T. Averochkina","doi":"10.26886/2524-101x.7.5.2021.1","DOIUrl":"https://doi.org/10.26886/2524-101x.7.5.2021.1","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49286930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Category “Public Order” and Limitations on Party Autonomy in Contracts for the Carriage of Passengers by Sea","authors":"M. Arakelian, D. Ivanova, V. Tuliakov","doi":"10.26886/2524-101x.7.4.2021.2","DOIUrl":"https://doi.org/10.26886/2524-101x.7.4.2021.2","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44871781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"New Zealand – China FTA: Trade Growth amid Social Changes","authors":"Joanna Siekiera","doi":"10.26886/2524-101x.7.4.2021.1","DOIUrl":"https://doi.org/10.26886/2524-101x.7.4.2021.1","url":null,"abstract":"Many legal and business mechanisms were introduced by the government in Wellington in order to enable trade practices of the Chinese partners. Asian immigrants to New Zealand do fill the real gap in the small labour market of Aotearoa by providing highly qualified and hard-working workers. As a consequence, almost every area of New Zealand’s social and economic life is subject to changes. This phenomenon of such new and unexpected demographic situation has been portrayed by coining a new name for the country a few years ago – Niu Chiland. In fact, the only ethnic group in New Zealand that increases every year is the Chinese. Although, according to official data, there are only 5% of Chinese in the society of almost 5 million people, the real data is much larger. In Auckland, the country’s largest city and its business capital, having population of over 1.5 million, every fourth resident is of Chinese origin. The ISSN 2524-101X eISSN 2617-541X 8 LEX PORTUS VOL 7 ISS 4 2021 Free Trade Agreement turned out to be a breakthrough, as Wellington was the first capital among developed Western countries that decided to legally bind itself with the People’s Republic of China in 2008. In 2021, China and New Zealand signed the Protocol to amend the New Zealand-China agreement and to add some previously not taken into consideration spheres, such as e-commerce and environment. While New Zealand economy clearly shows benefits of trade with China, and anyhow sees any potential negative effects, like political dependence from this communist state not respecting human rights, between the politicians in Canberra and Beijing there continue to escalate tensions. Australia, contrary to New Zealand, is trying to contain Chinese imperialist’s appetite and stop Beijing before launching own sphere of interest in the Pacific region. The key words: New Zealand, China, trade, international trade, Chinese migration, Chinese minority, Pacific, South Pacific.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43210924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Administrative Restrictions in Ports: Practice of Crew Rotations During COVID-19 Pandemic","authors":"Dmytro Luchenko, I. Georgiievskyi","doi":"10.26886/2524-101X.7.3.2021.1","DOIUrl":"https://doi.org/10.26886/2524-101X.7.3.2021.1","url":null,"abstract":"The article describes changes in imposing administrative restrictions for crew rotations in ports worldwide under the ongoing pandemic COVID-19 situation. The first part of the article provides a brief overview of the impact of the COVID-19 pandemic on seafarers’ well-being, considering the key role of seafarers in providing international trade, maritime security, and protection of the environment. The second part of the article describes the national and regional experience in addressing COVID-19 under crew rotations; highlights the main tendencies of strengthening/easing restrictions in seaports. The most typical restrictive administrative measures in crew rotations include dockage during the crew change off the port, ensuring social distancing, strict health monitoring, and the negative coronavirus test result, proof of being quarantined or staying on board given period. Furthermore, international organizations were considered efforts to minimize the impact of the pandemic on the stability of crew changes in ports. The recommended measures primarily focus on simplifying and stabilizing the crew changes procedures, including the unification of rotation procedures, adopting multilateral global management in the sphere, effective information exchange, etc. Lack of consolidated information about all administrative restrictions world’s largest ports has become a complex issue. In that regard, the non-state actors play an essential role in the information support of seafarers. However, such efforts can be enhanced by adding imperative rules, like daily updating of information by governments and implementing the control system with a possibility of sanctions implementation in ship detentions under Port State Control procedures.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46529544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Baltic Resilience to China’s “Divide and Rule”","authors":"U. Bērziņa-Čerenkova","doi":"10.26886/2524-101X.7.2.2021.2","DOIUrl":"https://doi.org/10.26886/2524-101X.7.2.2021.2","url":null,"abstract":"The article examines the interactions of the Baltic states of Estonia, Latvia and Lithuania with China in the Belt and Road Initiative (BRI) format. First, it explores three most widespread criticisms of the Chinese BRI approach, namely: 1. The risk of Beijing becoming legitimating factor for strains on democracy, freedom and the rule of law; 2. Support towards the Chinese interpretation of values and tolerance of censorship; 3. Debt arising from infrastructure loans. Further, the article tries to establish to what extent did the Baltic states remain resilient to them, offering possible explanations to the Baltic cases along three lines – systemic resilience, discursive resilience, and financial resilience. The article concludes that BRI is taking different shapes in different regions, and that local political culture along with wider supra-national organizations determines the range and response to BRI, therefore, national institutional frameworks in combination with overwatch from supranational standard-enforcing institutions are the leading factors of countries’ resilience to risks stemming from BRI. Methodologically, the article employs qualitative approaches to data, including discourse analysis, document analysis and historic analysis. The primary sources include documents, agreements and statements of officials from China, the Baltic states, Italy, and the EU, as well as secondary sources including research publications, media reports, and mutually comparable national data.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45765293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}