ПЕТИНА ВИЧЕВА. ПРОБЛЕМИ НА ВЕРБАЛНАТА КОМУНИКАЦИЯ В ТЪРГОВСКОТО КОРАБОПЛАВАНЕ / PETINA VICHEVA. PROBLEMS OF VERBAL COMMUNICATION IN MERCHANT SHIPPING.

This book review presents Petina Vicheva’s monograph titled Problems of Verbal Communication in Merchant Shipping. The subject of the study is Maritime English and Standard Marine Communication Phrases (SMCP) in particular. The emphasis is on the use of SMCP in maritime radio communication. The objective of the monograph is to describe and analyse problematic situations that arise in verbal communication carried out over the radio at sea. The main conclusions are drawn at the end of the study. As SMCP is even more actively used by multinational crews, the monograph aims at providing linguistic strategies for effective maritime com-munication, thus contributing significantly to the safety of shipping.

Limitation of liability for maritime claims in civil law of the People's Republic of China

This article reviews the relevant issue of civil law regulation in the sphere of freight transportation. China is seeking for new safe routes for freight transportation to the European market, including sea routes, giving preference to the Northern Silk Road. The subject of this research is the comprehension of individual provisions of the Chinese legislation that are specific to both Russian and international law. The object of this research is the determination of peculiarities of the law of the sea, namely the question of limitation of liability for maritime claims in civil law of the People's Republic of China. Special attention is given to the aspect of harmonization of the norms of the Civil Code of the People's Republic of China and the Merchant Shipping Code the Russian Federation in this issue. The acquired results demonstrate the shared interest of the two countries lies in the routes of the Northern Sea Road, which actualizes the problem of harmonization of legislation. The government of the Russian Federation and the People’s Republic of China declare the need for harmonization of legal norms that regulate merchant shipping. Leaning on one of the normative fragments related to joint maritime operations along the routes of the Northern Silk Road, the author concludes that further development of cooperation and expansion of the list of bilateral issues of normative legal regulation in this sphere requires a collective plan aimed at harmonization of legislation based on the Treaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation.

Impact of COVID-19 on the freedom of the merchant ship’s access to foreign ports

Nowadays, merchant shipping is facing a new challenge in the context of COVID-19. The ships at sea may find themselves in need of immediate medical assistance relating to the crewmembers and/or passengers due to COVID-19. Besides, there is a problem with the change of ship crews in due time and their repatriation. Under international custom, coastal States keep their ports open for merchant shipping but may require the ship’s master to take appropriate action to prevent a threat of danger. In cases of failure or urgency, the coastal State can exercise its authority in taking responsive action appropriate to the threat. The article analyzes the main issue - how reasonable are the actions of states that close their ports to foreign vessels in the light of COVID-19. In this paper, the practice of foreign and Russian ports in the context of the COVID-19 is assessed.

INTEGRATION PROCESSES CHARACTERISTICS IN THE GLOBAL TRADE SHIPPING SYSTEM

Topicality. The shipping policy macroeconomic level takes the central place in the management system of merchant shipping and investment activity according to the development efficiency criteria. The economy is characterized by the building-up of integration processes at the current stage. Increasing production internationalization and globalization leads to the internationalization and globalization of transport and logistics systems and distribution networks. These processes activate the intensity and increase the international freight traffic volume. At the same time, globalization has dramatically changed the volume and model of freight traffic and increased the requirements for both international and local transport systems. Aim and tasks. The central task of the investigations is the choice of a criteria-based assessment system of economic and investment decisions. The study is aimed at clarifying the regularities of the merchant shipping individual segments functioning and at developing recommendations for solving urgent current and future projects for the national shipping potential development. Research results. The transport system efficiency is the economy development important factor. The main transport potential feature is the need of high level of regulation by country. This is due to the fact that: the development of transit potential is a capital-intensive process, and requires long-term investments; it has the monopolistic nature of the elements of the transport system; it needs for a special functional and legal regime of work; it is the reason of environmental problems because of increasing volumes and traffic intensity; it is especially important for national security. Macroeconomic goals to ensure the export transport services development, to use transit potential more efficiently, to increase the consumer transport competitiveness on the transport services international market could be actualized by the integration technology strategy implementation. Conclusion. The implementation of transport potential according to the integration criteria is an important factor of the modern economic development of the country, as, first of all, it is growth of employment, business activity, investments and tax revenues, on the other hand, it assists in integrating the Ukrainian economy into the European and world economic systems. The making economic decisions theory in the maritime transport system in the shipping market globalization context should be taken into account during the urgent economic problems solution.

Legal Regulation of Merchant Shipping (Review of the textbook “The Law of the Sea and International Maritime Business”)

The law of the sea is central to the modern international system and has a significant impact on the global economy. Its study is undoubtedly necessary for the education of highly qualified lawyers in the field of international law due to the fact that the safety of sea transport corridors plays a significant role in the development of international trade relations. Freedom of navigation practice in the post-industrial economy depends on the quality of the institutions of public maritime law and the efficiency of the execution of maritime contracts. Authors of the textbook made efforts to master the provisions of public maritime law in their relationship with the practices of merchant shipping, which is certainly interesting and useful due to the importance of maritime trade for achieving the sustainable development goals.

Assessment of Potential Negative Impact of the System of Factors on the Ship's Operational Condition During Transportation of Oversized and Heavy Cargoes

The potential risks to vessels and crew in merchant shipping stem from human error, vulnerability to environmental influences, failure of shipboard systems and equipment. In case of transportation of heavy and oversized cargo, the preceding list can be expanded to include potential hazards directly associated with the cargo. This study identified a system of potential negative events in the transportation of oversized and heavy cargo under the influence of multiple factors. Negative events are divided into two categories: those occurring during loading/unloading and those occurring during transportation. The consequences of these negative events for cargo and operational condition of the ship are also identified. Six basic options for the operational condition of the vessel in the transportation process of oversized and heavy cargo have been determined. The conceptual model of the combination of factors affecting the operational condition of the vessel during the transportation of oversized and heavy cargo is formulated, and the chain of formation of the probability of negative events during the transportation of oversized and heavy cargo is identified and mathematically described. A basic pattern of relationship between various negative events occurring during transportation of oversized and heavy cargoes and ship's operational conditions is established. The obtained results allow the probability of possible negative events and change of ship's condition due to such influences during the transportation of the cargo category concerned to be estimated in practice, taking into account the specifics of a particular port, vessel and shipping line.

Commercial activity of the Russian shipping company “Caucasus and Mercury” in Persia in the context of public-private partnership in the second half of the 19th — early 20th centuries

The article analyzes the activities of the joint-stock shipping company «Caucasus and Mercury» in the Persian market, reveals its place in trade and economic operations in the Caspian region as a whole. The authors aim to find out the degree of effectiveness of public-private cooperation in the development of a separate transport company, «Caucasus and Mercury», as well as the nature of the impact of this partnership on the development of commercial shipping in the Caspian Sea. The authors analyzed the processes that took place in Russian government and private business circles in the field of merchant shipping in the Caspian Sea.

International Legal Measures to Ensure the Safety of Navigation

INTRODUCTION. The development of public relations in the field of international trade transportation presupposes new conditions for their safety. This work represents a failure of an attempt to conduct such a study and a comprehensive understanding of the problems existing in this area, as well as the search for ways to solve them by international legal mechanisms. In parallel, certain organizational and legal measures were proposed, and the problems of certain aspects of merchant shipping were also raised.MATERIALS AND METHODS. For the preparation of this work, the normative legal acts, both domestic and international, were considered, the positions of scientists – representatives of different states. A comparison of legal norms and practice of their application was carried out on the basis of available information materials. Within the framework of this work, methods of analysis, comparative legal method, deduction were also used. On this basis, the modeling of ways of possible optimization of the activities of subjects of international law, specializing in security issues, was carried out.RESEARCH RESULTS. In essence, the content of the article is the main part devoted to the problems of ensuring the safety of maritime transportation, introductory and concluding parts. The latter reflects the main conclusion devoted to the formulation of the question of the possibility of combining the efforts of various actors to ensure the integrated safety of merchant shipping, which can be combined in a single international legal document. At the same time, it is not at all necessary to place special emphasis on mandatory law enforcement and other punitive measures. Economic and reputational mechanisms are quite applicable, stimulating the activities of states to create all the necessary conditions for safe navigation in the relevant waters.DISCUSSION AND CONCLUSIONS. The application of this proposal in practice can potentially have an organizational and legal impact on the policies of various states and individual subjects of commercial activity in terms of ensuring maximum protection of the widest range of subjects of sea trade.

Article Towards Developing Domestic Maritime Legislation through Sub-regional Economic Integration: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code

The regulation of the shipping industry is deeply rooted in treaties or agreements – whether bilateral, multilateral or universal. A multilateral treaty may result in the creation of a formal sub-regional economic integration organization, and there are many such organizations in Africa, of which CEMAC is one. These organizations seek economic integration and development through objectives such as the harmonization of transport sector regulations and tend to develop legal instruments that heavily impact the legislative framework of their member states as a result. The impact of the CEMAC Merchant Shipping Code on Cameroon’s maritime legislation can be seen from what Cameroon has achieved in terms of the modernization of its maritime legislation and the provision of solutions to the challenges inherent in its dual legal system. Furthermore, the CEMAC Shipping Code regime must also be perceived as a component of Cameroon’s overall effort geared towards meeting international maritime legislative implementation and enforcement standards. However, the challenges confronting the country at these various levels are huge and questions arise as to the adequacy of the CEMAC Shipping Code regime in addressing them. This paper thus sets out to make an appraisal of the CEMAC Shipping Code regime in its perceived role as vehicle for developing Cameroon’s maritime legislation and addressing the related challenges inherent in the country’s dual legal system. The methodology adopted is doctrinal in approach and involves a content analysis of primary and secondary data. The paper concludes with a proposed strategic framework for maritime legislative development and some practical suggestions directed at the government of Cameroon, but which should equally be useful to governments elsewhere.