• Title/Summary/Keyword: Maritime convention

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Development of a Training Model for Electro-Technical Officers on Ships (선박 전자기관사를 위한 교육모델 개발)

  • RYU, Ki-Tak;LEE, Yun-Hyung
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.3
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    • pp.767-777
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    • 2017
  • The purpose of this paper is to develope a training model and to make a syllabus for electro-technical officers(ETOs) on ship. In order to complete the purpose, firstly we study on qualification for electro-technical officers and also examine the foreign, domestic cases. Secondly, through the STCW convention and the IMO Model Course 7.08, we have compared the standards of competence for officers in charge of an engineering watch and ETO, and analyze the additional standards of competence to acquire the ETO's licenses. Finally, based on the results of this, we will suggest the development of a training model that officers in charge of an engineering watch must complete in order to obtain an ETO's license. This paper is expected to be useful in the educational institution preparing for training course.

A Study on EMC Environment Measurements over the Sea (해상에서의 EMC 환경 측정에 관한 연구)

  • Kim, Dong-Seek;Cho, Hyung-Rae;Min, Kyeong-Sik
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.06a
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    • pp.435-441
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    • 2005
  • Recently, IMO(International Maritime Organization) have provided the recommendation of EMI and EMS for radio communication and equipments of marine from SOLAS convention at July 1st 2002. In this paper, we measured EMC environment on the HANBADA, which is Korea Maritime University training ship, and the 88KUMEO of a fishing boat for basic EMC environment of a ship. Measured Band is from 30 MHz to 2 GHz, polarization measurement is processed both vertical and horizontal polarization. We analysed the results in consideration of permissible criteria.

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A Study on the Priority Analysis of Government Support Policies for SOx Emission of Ships

  • Yang, Han-Na;Lee, Gwang-Un;Shin, Chang-Hoon
    • Journal of Navigation and Port Research
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    • v.43 no.2
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    • pp.86-92
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    • 2019
  • IMO has enacted a convention that air pollution due to emissions of ships and sulfur oxides emissions should be significantly reduced by 2020. Based on the current support policies, this work intended to draw up the government support plans required by the shipping companies. Analytic Hierarchy Process analysis was done with factors derived from brainstorming and literature studies. The analysis results showed that the cost factor was generally the most important criterion and the Financial Aid was relatively more important within this cost factor. The policy implications for the regulation of sulfur oxides emissions was provided.

Study on Improving Maritime English Proficiency Through the Use of a Maritime English Platform (해사영어 플랫폼을 활용한 표준해사영어 실력 향상에 관한 연구)

  • Jin Ki Seor;Young-soo Park;Dongsu Shin;Dae Won Kim
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.7
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    • pp.930-938
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    • 2023
  • Maritime English is a specialized language system designed for ship operations, maritime safety, and external and internal communication onboard. According to the International Maritime Organization's (IMO) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), it is imperative that navigational officers engaged in international voyages have a thorough understanding of Maritime English including the use of Standard Marine Communication Phrases (SMCP). This study measured students' proficiency in Maritime English using a learning and testing platform that includes voice recognition, translation, and word entry tasks to evaluate the resulting improvement in Maritime English exam scores. Furthermore, the study aimed to investigate the level of platform use needed for cadets to qualify as junior navigators. The experiment began by examining the correlation between students' overall English skills and their proficiency in SMCP through an initial test, followed by the evaluation of improvements in their scores and changes in exam duration during the mid-term and final exams. The initial test revealed a significant dif erence in Maritime English test scores among groups based on individual factors, such as TOEIC scores and self-assessment of English ability, and both the mid-term and final tests confirmed substantial score improvements for the group using the platform. This study confirmed the efficacy of a learning platform that could be extensively applied in maritime education and potentially expanded beyond the scope of Maritime English education in the future.

An Analysis of Demand and Seating Capacity for Maritime Safety Training in Accordance with the Seafarers Act Revision (선원법 개정에 따른 선원안전교육 수요분석 및 수용능력에 관한 연구)

  • Bae, Seok-Han;Lee, Jin-Woo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.6
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    • pp.671-678
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    • 2016
  • This study estimates the demands for safety training courses with reference to research on safety training records, seafarer statistics, target groups for safety training, expiry dates of existing safety courses, seafarer employment rates, the retirement age, etc. These results are compared with the seating capacity of the maritime training institute to analyze the anticipated increase in and convergence of demand can be accommodated. The average annual safety training needs for the next five years according to the Seafarers Act include approximately 10,444 people, and the proper annual seating capacity of the maritime training institute is approximately 7,280 people at present. Thus, in order to respond to an increasing demand for safety training, it is necessary to expand the capacity of the safety training facility.

A Basic Study on the Satisfaction of On-board Training for Cadets in Shipping Company (위탁선사 실습생의 승선실습 만족도에 관한 기초 연구)

  • Sin, Ho-Sig;Im, Myeong-Hwan
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.2
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    • pp.441-451
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    • 2015
  • The one-year onboard training, which has been implemented since 1988 according to the STCW Convention in 1978, is a crucial part of cadets' training and education. The choice of training shipping company is important that like a internship. This basic study is for the satisfaction at the shipping companies that trains cadets the Mokpo National Maritime University. The satisfaction for onboard training consists of a conscious, educational and environmental parts with six demographic characteristics and carried out the questionnaire survey of 206 cadets in shipping companies. The low parts of satisfaction are implemented cross tabulation analysis and in-depth interview for realize the reason. In this paper, the satisfaction from environmental part($3.83{\pm}0.75$) is high but conscious part($3.35{\pm}0.86$) and educational part($3.33{\pm}0.79$) are low. In demographic characteristics, male in gender, apprentice officer in duty, others in kind of crew, container in kind of vessel and 30,000~100,000 tons in size of vessel are high satisfaction in general. Specifically, feeding service($4.02{\pm}0.75$) in environment, influence on future vision($3.65{\pm}0.84$) in consciousness, goal for training($3.50{\pm}0.65$) in education showed the highest level in satisfaction.

A Study on the Regime of Island and Dokdo on the UNCLOS (해양법상 섬제도와 독도)

  • Kwon, Moon-Sang
    • Ocean and Polar Research
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    • v.24 no.4
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    • pp.501-524
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    • 2002
  • Article 121 of the UNCLOS stipulates the regime of islands and grants different jurisdictions to islands and rocks. Especially, paragraph 3 gives different definitions and distinguishes the legal status of between islands and rocks. That is, rocks, which cannot sustain human habitation or economic life cannot have their own EEZ, continental shelf or the great-sphere maritime jurisdiction. In this paper various theories and state practicess on islands and rocks are examined with reference to Article 121 of UNCLOS. Also, the status of Dokdo as a rock or an island is examined in accordance with the interpretation of Article 121 of UNCLOS. National legislations, practices, and many scientific opinions are often contradictory and controversial with respect to the interpretation of Article 121 of the UNCLOS. However, it is believed that Article 121 of UNCLOS, particularly paragraph 3 has to be interpreted more strictly. That is because the highly developed modem scientific technology can be meaningless when the criteria of Article 121 of UNCLOS are to be inappropriately applied. Insular figures like ${\ulcorner}rocks{\lrcorner}$ could bring the inequitable effects disadvantageous toward the other party when the maritime delimitation is applied. Claiming and Intentionally extending maritime zone of a coastal states by assigning EEZ for small insular figures like ${\ulcorner}rocks{\lrcorner}$ is over-zealous nationalism which is illegal, and such practices must be recognized as actions bringing great harm to the neighboring nations and demise of the sprit of all mankind.

Interrelationship between the Shipowner's Limitation of Liability and the Coverage of Liability Insurance: Focus on the Judgment of the Supreme Court of Canada in the Realice Case (선주의 책임제한과 책임보험의 보상 간의 상호관계: Realice호 사건에서 캐나다 대법원 판결을 중심으로)

  • Lee, Won-Jeong
    • Journal of Korea Port Economic Association
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    • v.31 no.2
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    • pp.41-53
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    • 2015
  • In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).

A Comparative Analysis of Major Oil Spill Compensation Systems in France, Spain, and Korea - In the Case of M/T Erika, Prestige, and Hebei Spirit - (프랑스.스페인.한국의 대형유류오염손해배상제도에 관한 비교연구 -에리카호.프레스티지호.허베이스피리트호를 중심으로-)

  • Cho, Dong-Oh;Mok, Jin-Yong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.3
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    • pp.177-181
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    • 2008
  • In this study, the authors analyzed the limit of IOPC Fund system, such as limit of compensation, amount of FC, long period of assessment by IOPC Fund, issue of non verification by poor claimant or small business, issue of poor claimant subsistence in early stage of accidents, and comparatively analyzed how the three countries resolved these limits by enacting special laws and government policy. Until recently most governments have carried out prevention policy for maritime safety, oil spill response, investigation of maritime accidents, and restoration of marine environment when oil spill accidents happened. However, governments have not actively participated in the oil spill compensation process because it is a matter of private sectors between the polluter and claimant. The governments have only limited their role in ratifying Civil Liability Convention and Fund Convention and enacted relevant domestic laws. However, the governments of France, Spain, and Korea have actively participated in the compensation process of oil pollution incidents of M/T Erika, M/T Prestige, and M/T Hebei Spirit. This is because they had experiences of unsuccessful compensation in M/T Amoco Cadiz, M/T Agean Sea, and M/T Sea Prince.

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A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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