沙特阿拉伯区域海域商业海运事故中利益相关者法律责任的监管框架

Reem Kattach
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引用次数: 0

摘要

沙特阿拉伯王国的目标是使收入来源多样化,发展海运部门的基础设施,并加强与王国所有运输部门的相互联系;特别是超过 75% 的海上贸易是非石油贸易;最近对运输部门的规范划分是海上运输。直到最近,沙特阿拉伯才加入了一些与海事部门有关的国际条约和公约,但没有实施任何本地法律和法规--除了一些规定是规范其他事项的法律和法规的一部分。尽管如此,沙特阿拉伯王国的地方海事法律和法规最近才颁布,在沙特阿拉伯王国区域水域发生商业事故时,确定事故所涉不同利益攸关方责任的框架存在一些不明确和不清晰之处。当一艘未注册或未悬挂沙特国旗的船舶卷入此类事故时,这个问题就变得更加重要。该框架的模糊性使得法律的适用变得复杂,并带来了负面影响--但不限于--消除事故及其影响所耗费的时间、对海洋环境的影响以及降低消除或解决此类事故的成本。本研究旨在研究在王国区域水域发生商船事故时,与海事法法律框架有关的挑战和差距,以及利益相关者的责任。研究将采用历史和描述性分析理论研究方法。研究人员将发现在哪些方面存在调整或修订法规的余地,这可能有助于解决、抓住或覆盖当前与沙特阿拉伯区域海域商船事故现行监管框架有关的差距和挑战。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Regulatory Framework on the Legal Duties of the Stakeholders in Commercial Marine Accidents at Saudi Arabia’s Regional Sea
The Kingdom of Saudi Arabia is aiming to diversify sources of income, develop the infrastructure of the maritime sector, and enhance interconnection with all transport sectors in the Kingdom; especially that more than 75% of maritime trade is non-oil; the most recent regulated division between the transportation divisions is the Sea Transportation. Until recently, Saudi Arabia was part of some of the international treaties and conventions that are related to the marine sector, and no local laws and regulations were enforced -except for some provisions which are part of laws and regulations that regulate other matters-. That said, the local maritime laws and regulations in the Kingdom of Saudi Arabia were recently issued, and there is some un-clarity and ambiguity regarding the framework that determines the responsibilities of different stakeholders involved in a commercial accident when such an accident occurs on the regional water of the Kingdom of Saudi Arabia. The issue becomes more important when a ship which is not registered or does not hold the Saudi Flag is involved in such an accident. The ambiguity of the framework makes the application of the law complicated, and accommodates negative impacts related to -without limitation-: the time consumed while removing the accident and its effects, the environmental impact on the sea, and decreasing the cost of removing or resolving such accident. The research aims to study the challenges and gaps related to the legal framework of the maritime law when it comes to accidents of commercial ships at the regional water of the Kingdom and the responsibilities of the stakeholders. The research will use the historical and descriptive-analytical doctrinal research methodology. The researcher will find where there is a room to adapt or amend regulations that might help in resolving, seizing, or covering the current gaps and challenges related to the current regulatory framework of the regional sea of Saudi Arabia attributed to the commercial marine accidents.
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