1,720,961 research outputs found
Controlling PM by proxy? International regulation of sulphur and PM emissions from shipping
No full textShips are major contributors to global emissions of air pollutants, with their health and environmental effects being of particular concern in port cities and heavily populated coastal areas adjacent to major shipping lanes. This paper outlines the international regulations tackling two such ship pollutants, being sulphur dioxide (SOx) and particulate matter (PM). In order to understand the current regulatory strategy, it reviews the health and environmental impact of these emissions. The paper then addresses the 2020 sulphur cap on marine fuel imposed by MARPOL and its potential efficacy in reducing the health and environmental effects of shipping emissions. Examples of differing regional and national regulation of sulphur and PM are presented and discussed. The paper questions whether the current international regulatory framework directed at reducing sulphur emissions from ships is an appropriate means to reduce PM emissions
Marine insurance and piracy
No full textA duscussion of how marine policies apply to claims for loss by pirac
The maritime labour convention 2006: The seafarer and the fisher
Full text linkThe perils of working at sea have been recognised for hundreds of years. Seafarers and fishers spend their working lives at risk of serious injury or death. The Seafarers International Research Centre found that workplace fatalities are 11 times more likely for seafarers than workers ashore. Aside from the physical dangers, the isolated workplace leaves seafarers and fishers vulnerable to severe exploitation and abuse. Without seafarers sailing the ships that carry 90% of ‘everything’, the world’s economy would grind to a halt. Yet, to most of us, they remain invisible.
This paper considers the particular issues confronting seafarers and fishers through the prism of the Maritime Labour Convention 2006 (MLC) and the Work in Fishing Convention 2007 (WIFC). The Conventions share many similarities and are intended to complement each other in order to improve the living and working conditions of those who work at sea. The MLC has been enthusiastically welcomed and adopted by 67 countries representing 80% of the world’s gross tonnage of ships, yet the WIFC has been almost completely ignored.
The paper finds that the MLC is useful and making a real difference. It argues that the legal protection of fishers globally is, in contrast, virtually non-existent. The fishing industry is plagued by criminality and thousands of fishers are trapped in forced labour but the international community remains silent. As the MLC is an effective and useful convention it ought to be extended to include fishers within its scope. However that will do little to alleviate the conditions of those enslaved fishers who can only hope for a concerted global response to combat slavery at sea
Yellowcake Road: The legal regime for the road transport of uranium oxide in Western Australia
Full text linkUranium is a contentious and emotive commodity. Attitudes towards uranium and the nuclear fuel cycle have, overall, been negative. Distrust of the nuclear industry and misunderstandings about the level of risk posed by the transport of uranium oxide (also known as yellowcake) has influenced a policy ban prohibiting uranium exports from Western Australian ports. Western Australia has a nascent uranium industry, with four major projects at various stages of government approval. When these mines commence production, producers will be forced to truck the uranium oxide by road to either Port Adelaide or Port Darwin for export.
This thesis analyses the issues facing Western Australian producers as a consequence of the export ban. The current regulatory regime exposes Western Australian producers to three governments, five regulatory agencies, and at least seven different approvals and permits. The radiation protection schemes in each jurisdiction varies, so a consignment of uranium oxide is subject to different requirements between the Northern Territory, South Australia and Western Australia. Further, different versions of the Code for the Safe Transport of Radioactive Material operate around Australia, compounding legislative discrepancies.
This thesis considers that the current regime is overly complex, overlapping and out-of-date with international best practice, and considers broad reforms to harmonise the legislation governing the transport of uranium oxide. It argues that multiple regulators and different legislative requirements impose significant financial burdens and compliance costs on Western Australian producers. These differences also threaten the integrity of the overall goal of radiation protection to protect the health and safety of people from the harmful effects of ionising radiation. Further, Australia’s inability to remain up-to-date with international developments affects contractual relationships with overseas uranium consumers and may induce shipment denials
You're a crook, Captain Hook: Criminal liability for maritime disasters causing death in Australian territorial waters
Full text linkThe world is seeing more maritime disasters every year, in a variety of jurisdictions around the world. Many of these disasters cause a large number of deaths. As a result of those deaths, there is often pressure on the relevant authorities to prosecute the parties responsible. The master of the vessel may be the most obvious party to charge, but there may have been other parties responsible for the operation and management of the vessel whose negligent or reckless conduct contributed to the vessel’s demise. Despite the contributions of other parties, the master of a vessel may become a scapegoat, and, as a result, bear the brunt of any prosecution. There are several reasons why the master may receive the most blame in these situations. One of those may be that the law in force within the relevant jurisdiction does not provide particular criminal charges that apply to parties other than the master. This paper asks whether Australian law encourages prosecuting bodies to scapegoat the master of a vessel and whether this is demonstrative of the wider problem of seafarer criminalisation worldwide.
Criminal law will be fit for its intended purpose if it provides prosecuting authorities with the means to prosecute those truly responsible for damage caused, and to prosecute those parties in an appropriate manner. In 2012, the Australian government spearheaded sweeping changes to domestic maritime law. Those changes brought several new criminal charges relevant to maritime disasters causing death, and amended previous charges. This paper looks to the law in Australia applicable to maritime disasters causing death and asks whether the laws are fit for their intended purpose. The research conducted is doctrinal, focussing particularly on the Navigation Act 2012 (Cth), the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth), and the Crimes at Sea Act 2000 (Cth)
The assessment of disputes about legal costs: A comparative analysis of the Western Australian and New South Wales regimes
Full text linkAll Australian jurisdictions provide mechanisms for assessing legal costs. Costs assessment is carried out in two circumstances. Clients who are dissatisfied with what their own lawyers have charged can have those charges assessed. When a court orders that a losing litigant pay the legal costs of the winning litigant those costs too can be assessed. Australian costs assessment mechanisms have been inherited from England, and the traditional model of costs assessment is an adversarial process operated by the courts. Western Australia has a costs assessment scheme that follows that traditional model. In contrast New South Wales abandoned the traditional model in 1994, adopting an administrative costs assessment scheme operating separately from the courts with practicing lawyers acting as costs assessors and paid as sub contractors to determine costs disputes.
This thesis explores the costs assessment schemes of both jurisdictions. The traditional judicial process still used in Western Australia and the 'reformed' administrative process that has been introduced in New South Wales are examined separately and in some detail. In particular, the thesis considers the various factors that led to the 1994 Reforms in New South Wales and investigates whether the Reforms have produced the results that were expected of them. The thesis then provides quantitative data from both jurisdictions and evaluates the performance of each against the other in the context of a range of different factors including the rates of return on disputed bills and the time each system takes to determine disputes.
As a result of the analysis, the thesis agrees with the New South Wales Reforms that the judicial process, where adversarial contest is used to determine the truth about the parties‘ claims, is not well suited to disputes that are centred in the reasonableness of legal fees. For that and a range of other reasons the thesis concludes that the administrative model of costs assessment as adopted in New South Wales is better able to serve the interests of the various stakeholders. Nonetheless, the thesis notes that the stakeholders in the New South Wales costs assessment scheme consider it deficient and that a recent and thorough review of the scheme has made recommendations that, if adopted, will make profound changes to the way that legal costs are assessed in that state
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
- …
