[by] Norman J. Padelford. / Includes bibliographical references.

No description available.

The AIMS is Africa’s first comprehensive maritime strategy. Adopted in 2014, the AIMS proposes unique objectives to address the common maritime challenges faced by African States. One of these objectives is the establishment of the Combined Exclusive Maritime Zone of Africa (CEMZA). The AIMS states that CEMZA, “will grant Africa enormous crosscutting geostrategic, economic, and political, security and social benefits, as well as minimize the risks of all transnational threats including organized crime and terrorism in Africa”. This dissertation, consequently, aims to provide an overview of the impact which the successful establishment of the CEMZA would have on the African Maritime Domain (AMD) with a focus on sectors such as intra-African trade, vessel-source marine pollution, maritime security and fisheries. This study, furthermore, aims to determine the advantages of the CEMZA as well as the steps which would have to be taken to ensure the success of the CEMZA from a legal point of view. Established within this dissertation is the view that the CEMZA would have to be accompanied by various intermediate steps and would function as if the borders between African countries were deemed not to exist for administrative purposes. This would, however, not entail that African States sacrifice their sovereignty regarding resources within their jurisdiction by sharing it with all African States. The resources of each State, therefore, would remain its sovereign property, and the pooling of resources within the CEMZA would be absent. This dissertation concludes by stating that the CEMZA is feasible in the long term. Owing to the political and legal challenges, reinforced by a lack of capacity as well as human and fiscal resources, it is, however, not achievable in the short-to-medium term.

La piraterie est un phénomène international depuis l'Antiquité. Sa répression a fait l'objet de différentes mesures de la part des États. Mais c'est du XVe au XVIIIe siècle que cette infraction a été reconnue comme crime international. La découverte du Nouveau Monde, le commerce et les profits qu'il a engendrés ont poussé les nations à prendre fait et cause contre « l'ennemi du genre humain ».Ainsi, les nations sont parvenues à mettre en place une définition commune puis à mettre en œuvre des instruments juridiques parachevant la compétence universelle. Ainsi définie, cette dernière permet à n'importe quel État de poursuivre et d'arrêter les pirates sans considération de naturalité et les autorise à les ramener dans leur pays pour qu'ils soient jugés selon leur droit interne. Cette répression particulière tient aux différents éléments constitutifs de l'infraction ainsi qu'au besoin d'efficacité de la répression.L'étude de la répression de la piraterie aux Caraïbes entre les XVe au XVIIIe siècles permet de comprendre la création de ce mécanisme particulier, d'en saisir les enjeux et les contours et d'appréhender plus facilement un mécanisme international encore exploité aujourd'hui. / Piracy is an international phenomenon since Antiquity. Its repression was the subject of different measures that states have taken. But, it's from the 15th century to the 18th century that its internationalization has been dedicated. The discovery of the New World, commerce and profits which it spawned have pushed nations to take up the case against “the enemy of the human kind”.Nations have thereby succeeded in establishing a common definition then to implement legal instruments allowing the application of the universal jurisdiction. Thus defined, this last allows any State to pursue and arrest pirates without consideration of naturality and to bring them in his country to been prosecuted according his internal law. This particular repression considers of his various components of the infraction as well as the need for an effective repression.Studying the repression of piracy in Caribbean between the 15th and the 18th centuries allows to get a better understanding of the creation of the particular mechanism of universal jurisdiction, to grasp its stakes and contours and to apprehend more easily an international mechanism still exploited today.

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime claims. Bilateral consultations and negotiations have been unable to prevent occasional flare-ups and, as tensions remain significantly high, it may not be long before one of the not infrequent confrontations spirals out of control. The existing status quo in each case is unstable and does not favour either side, both from the perceptive of contaminating bilateral relations as a whole, but also to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy resources in the contested waters. Indeed, while important discoveries of commercial hydrocarbon accumulations have been made, and in fact, some of them are currently being developed in the peripheries of the East China Sea and the Aegean, the full mineral potential of the contested areas remain unproven and unrealised due to the ongoing maritime and territorial conflicts. That being the case, the debate surrounding these two conflicts has progressed to the point where there is an urgent need for a meaningful discussion on finding a practical way forward. It is the purpose of the present thesis to address this need, first, by undertaking a detailed analysis of these disputes on the basis of the legal rules and principles of international law and; second, by critically evaluating possible institutional designs of interstate cooperation on the exploitation of offshore oil and gas resources in disputed areas. This thesis considers that because of the near-impossibility of settling the maritime and territorial disputes in the East China Sea and the Aegean, at least in the short term, and the remote possibility of meaningfully utilising the resources in the given areas while these conflicts persist, provisional interstate cooperation in the form of joint development constitutes the best alternative course of action for disputing states to coordinate the exploration and exploitation of resources without having resorted previously to boundary delimitation settlement. On the basis of the above analysis, this thesis discusses the prospect of realising joint development regimes in the East China Sea and the Aegean and their appropriate institutional design in the light of the legal, historical, political, and geographical characteristics of the disputes in question. The overall aim of the present study is to discern useful guidelines that can be used to inform and support diplomatic discussions on bilateral cooperation over disputed seabed energy resources by addressing three key objectives: - Better understanding of the longstanding East China Sea and Aegean maritime boundary disputes under the rules of the public international law of the sea, as developed to date having regard to international jurisprudence and state practice. - Conceptualisation and better understanding of the legal characteristics and functional benefits of joint development regimes. - Critical evaluation of variations in the design of joint development regimes having regard to successful or unsuccessful precedents in the practice of states.

There are many major shipping companies which operate fleets comprised largely of vessels which are time chartered and subsequently sub-chartered on voyage terms. Legal risks will arise for the time charterer due the differing natures and terms of time and voyage charters. The essential question examined in this thesis is that of whether, and to what extent, legal risk can be minimized by the negotiation of equivalent contractual terms under time and voyage charter parties. The key areas addressed in this thesis are delivery under time charters compared to readiness under voyage charters, off hire under time charters versus suspension of laytime under voyage charters, obligations relating to cleanliness of cargo spaces, rights and responsibilities relative to safe berths and ports, the time charterer's position under bills of lading, and issues relating to redelivery of the vessel and consequent voyage charter liability if the vessel is unable to undertake the final voyage. The methodology applied is an examination of the case law, with a primary focus on the extensive body of English jurisprudence. This analysis of the case law is accompanied by a consideration of provisions of major charter party forms. The analysis leads to the conclusion that risk, to varying degrees, can be minimized through the application and clarification of contractual language. With respect to readiness of the vessel it is considered that risk will be reduced through agreeing contractual language which requires early notification of the vessel's delay. As regards off hire and laytime wording that clarifies non physical deficiencies is proposed. With regard to vessel cargo spaces intermediate cleanliness is identified as the greatest risk. Safe port and berth warranties are determined to represent an area of easily manageable risk, while letters of indemnity relating to bills of lading continue to represent very significant risk with suggested but no certain solution. Finally, with respect to redelivery a final voyage clause for time charters has been proposed which serves to almost eliminate risk in this area. Therefore, it is broadly concluded that risk can be managed but not eliminated through drafting of appropriate contractual terms.

Orientador: Celso Kazuyuki Morooka / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Engenharia Mecanica / Made available in DSpace on 2018-07-31T18:31:24Z (GMT). No. of bitstreams: 1 Ruivo_FabiodeMoraes_M.pdf: 17548495 bytes, checksum: 37226ee732961b5cf34474ae1de89655 (MD5) Previous issue date: 2001 / Resumo: Nos últimos anos, o descomissionamento dos sistemas de produção offshore vem progressivamente ganhando importância no planejamento industrial e governamental. Embora vários trabalhos publicados avaliem algumas técnicas e os potenciais problemas e riscos relacionados ao final da vida produtiva desses sistemas, as operações de descomissionamento são relativamente inovadoras, principalmente nos campos brasileiros, pois só agora a indústria nacional está começando a lidar com o final da vida produtiva de seus campos de exploração e produção de petróleo e gás. Primeiramente, esta dissertação compreende uma revisão sobre a experiência internacional sobre o processo de descomissionamento baseada, principalmente, nas regiões do Mar do Norte (Reino Unido e Noruega) e Golfo do México (EUA). Após, apresenta qual seria a metodologia para se obter a 'Melhor Opção Factível para o Descomissionamento'. Na seqüência, são apresentadas as principais etapas do processo de descomissionamento, descrevendo-as. Finalmente, são discutidas algumas inferências sobre aspectos ambientais e econômicos envolvidos no processo de descomissionamento. Em suma, a principal intenção desta dissertação é motivar um amplo debate das questões tratadas e, também apresentar algumas das novas tendências em relação ao descomissionamento de instalações offshore / Abstract: Decommissioning offshore installations have been progressively increasing the concern of the industry, government and other stakeholders through the last years. Although several works published address to some techniques and to potential problems and risks related to cessation of the productive life of these systems, its decommissioning operations are in some extent an innovative issue. This is especially true in Brazilian's fields, since national industry is just beginning to deal with the end of productive life of its exploration and production petroleum and gas fields. Firstly, the present dissertation comprehends a review of decommissioning offshore international experience mainly based on European (UK and Norway) and North American (Gulf of Mexico) scenarios. Then, it presents which may be the methodology to achieve the 'Best Practicable Decommissioning Option. Following, the paper references to the main stages of decommissioning process, describes them. Finally, it is discussed some inferences about environmental and economics aspects involved in decommissioning process. To sum up, the main ambition of this dissertation is to stimulate debate about the pertinent issues as well illustrate some of the new trends concerning decommissioning offshore installations / Mestrado / Exploração / Mestre em Ciências e Engenharia de Petróleo

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This paper emphasizes a social constructivist theoretical viewpoint when looking to analyze the EEZ dispute in the Eastern Mediterranean between Turkey and Greece. The recent authoritarian shift taken by Turkey, moving away from EU and international law values under the regime of President Erdogan has caused an aggravation of the chronically present tensions with its EU neighbour and NATO ally. The growing chasm away from democracy internally reflected in the waters of the Eastern Mediterranean, especially in light of the recent gas discoveries and elections on both sides, destabilizing the region majorly. Through Discourse Analysis (DA), the EU response to these orally-inflamed Greek-Turkish tensions regarding their overlapping EEZ claims in this specific geopolitical context is examined, taking into account the ideational, identity, and normative factors that are largely at play. In this way, an exploration is made concluding that EU collective identity and its mechanisms are perceiving themselves as threatened, based on the extent and potency of their reaction in terms of political rhetoric and institutional documents delineating the parameters of its collective identity and shaping EU foreign policy so far toward Turkey’s EEZ denial in the Eastern Mediterranean, in the time frame January 2019- February 2023.

In the context of an international carriage of goods by sea contract, the consignees and endorsees are the two important categories of the parties whom their rights and liabilities have not been legislated for in any international carriage of goods by sea convention until the adoption of the Rotterdam Rules. The truth is that, in contrast to the rights and the correlative liabilities and obligations of the shippers and carriers, the rights and liabilities of the consignees and endorsees have always been dealt with by the domestic and national laws. However, the Rotterdam Rules, with the goals of promoting legal certainty, improving the efficiency of international carriage of goods and harmonization and modernization of the carriage rules, for the first time at an international level, have attempted to regulate the provisions governing the rights and liabilities of the latter parties. Thus, the application of the Rotterdam Rules, in case they gain the force of law, will be broader than any other international maritime convention. Therefore, this has compelled the necessity of carrying out a profound and detailed critical analysis of the new, and somewhat innovative, regulations, since the impact of the application of the Convention on the existing carriage of goods by sea rules, both nationally and internationally will be crucially significant. The UK as one of the major actors of the maritime industry has a long-established set of rules particularly in the field of rights and liabilities of the parties, both in the common law and statutory senses, governing the carriage of goods by sea affairs for centuries. This thesis aims to evaluate the relevant provisions of the Rotterdam Rules by way of comparison with their corresponding rules of the English law in order to find out whether these new sets of regulations can establish a reliable source of reference for the consignees and endorsees who wish to ascertain their rights and become aware of their obligations and liabilities. In other words, the main objective of this study is to examine whether the Rotterdam Rules clearly define and specify the rights and liabilities of the consignees and endorsees to a contract of carriage of goods by sea. Further, it is going to investigate whether the Convention succeed in achieving its goals with respect to the rights and liabilities of these parties. Also, ratification of the Rotterdam Rules is believed to have a significant impact on the English maritime law and therefore, the question whether it is reasonable for the UK to ratify the Convention will be answered in this research. It is suggested that the findings of this thesis in addition to the solutions proposed to solve the difficulties, ambiguity and complexity of the existing rules, will be of assist to the UK authorities as well as the legislative bodies in other jurisdictions in order to obtain a more effective decision on the adoption of the Rotterdam Rules. This study ends with illustrating an alarming vision of the future of maritime law which will be largely affected by the evolution of smart technologies in the shipping industry.