Chapter 3. The international law of the sea (международное морское право)

Exercise 1. Read and translate the text, using the words below.

International law governs maritime intercourse and is a body of rules which States consider they are bound to observe in their mutual relations. Custom is the most important source of the international law of the sea and the usages of the great maritime states must therefore always exercise a weighty influence on its development.

The value of custom as a source of international law was emphasized by many authorities. Another great source of international law, whose output has been constantly increasing since the latter part of the nineteenth century, is to be found in the treaties concluded by States in which they lay down the rules having obligatory force between them.

In many treaties several States agreed that all international conflicts which could not otherwise be settled should be referred to the Permanent Court of International Justice. After the Second World War the International Court of Justice has been set up to replace the Permanent Court of International Justice, which it closely resembles. The International Court of Justice is the principal judicial organ of the United Nations.

The High Seas. When a State has a seaboard, a certain portion of the sea adjacent to its coasts is subject to its jurisdiction. The sea beyond the limits of territorial jurisdiction is called the high sea. It follows that no given State is entitled to occupy it.

Territorial Waters. The waters which are adjacent to a State’s territory are of two kinds:

1. territorial;

2. interior or national.

Territorial waters are those included within a definite maritime zone or belt adjacent to a State’s territory. Within these waters, it is generally recognized that foreign Powers may claim certain rights for their vessels and their subjects, the chief of which is the right of innocent passage.

Interior or national waters, on the other hand, consist of State’s harbours, ports and roadsteads and of its internal gulfs and bays, straits, lakes and rivers.

In these waters, apart from special conventions, foreign States cannot, as a matter of strict law, demand any rights for their vessels or subjects although for reasons based on the interests of international commerce and navigation, it may be asserted that an international custom has grown in modern times that the access of foreign vessels to these waters should not be refused except on compelling national grounds.

Bays and Gulf. Bays which penetrate deep into the land are called gulfs. It is not so easy to lay down a definite rule on the limit of territorial waters in the case of bays or gulfs. Bays not exceeding six miles across at the entrance are national waters when both sides belong to the same State. Some treaties consider the territorial belt as covering the whole bay when the distance between the two bans does not banks does not exceed ten miles.

Straits. Where the land on both of a strait belongs to the same Power, the waters are national if the width at the entrance does not exceed six miles.

The Legal Regime of Warships. Many are of the option that the right of innocent passage through territorial waters does not extend to vessels of war. No general interests are necessarily or commonly involved in the possession by a State of a right to navigate the waters of other States with its ships of war and such a privilege may may often be injurious to third States and it may sometimes be dangerous.

The Legal Regime of Merchant Ships. The jurisdiction which a State may lawfully exercise over vessels flying its flag on the high seas is a jurisdiction over the person and property of its citizens. The flag which a ship flies is the evidence of her nationality. In addition to a flag, ships must also carry papers, which provide a more efficient means of testing a ship’s nationality.

The question of the determining whether a ship carries proper papers and is entitled to the flag she is flying must be finally decided by the Courts of the flag-State. When a vessel enters a port after a crime has been committed on board, if the port is one of the State to which she belongs there is no difficulty; the Jurisdiction on the Courts can be asserted. If, on the other hand, the port is a foreign port and the accused person is retained in custody on board, the correct practice appears to be for the master of the ship to report the facts of the case to the Consul of his State, and for the local Court to refuse to exercise jurisdiction in respect of any occurrences on board the ship on the high seas.

Merchant ships which find themselves in foreign territorial waters or ports cannot provide any refuge for persons fleeing from the local authorities or for political refugees. Similarly, if a merchant vessel enters a foreign port having on board a national of the territorial State, the local authorities enjoy the power to arrest him.

When a ship is driven to take refuge in a foreign port by stress of weather, or is compelled to do so by force major or any other overruling necessity, she is not subject to the local regulations of the port with regard to any incapacity, penalty, prohibition, duties or taxes in force at that port.

Safety of Maritime Navigation. It is clear that for the safe navigation of the ocean, common action is necessary, and this was originally brought about more by each State adopting the same set or rules than by means of any international convention. Later “Rules of the road at sea” were adopted.

Salvage. The duty imposed on the master or the person in charge of a vessel is to render every possible assistance in saving life at sea. All services rendered at sea to a vessel in danger or distress are generally speaking salvage services.

The amount granted for salvage is based on the actual services rendered by the salvors, and reward is in the discretion of the Court.

Carriage of Goods and Transport of Passengers by Sea. A contract for the carriage of goods in a ship is usually described as “a contract of affreightment” and is expressed in writing in a document called a “Bill of loading”. The terms embodied in this document vary in form in the different countries and the law on the subject is somewhat confused. The carrier is responsible for the death or bodily harm to a passenger if it is the carrier’s fault or is caused by the neglect of his servant. It is obvious that International Law is bound to play an important part in the development of international communications and commerce which are essential to the general welfare and advancement of all nations.

Words to be remembered.

Mutual - обоюдный, взаимный, общий, совместный

Custom - таможня

to emphasize - придавать особое значение, подчеркивать

treaty - договор

treaty port - порт, открытый для торговли в силу международных соглашений

to refer to - относиться, отсылать, приписывать

to resemble - походить, иметь сходство

to entitle to - давать право

adjacent to - примыкающий

innocent - невиновный

roadsteads - рейд

to assert - доказывать, утверждать, защищать права, предъявлять претензии

to compel - заставлять, принуждать

bay - залив, бухта

penetrate - проникать, охватывать

exceed - превышать, переходить границы

ban - запрещение, объявление вне закона

Exercise 2. Answer the following questions.

1. What is the most important source of international law of the sea?

2. What does the international law of the sea govern?

3. Where is another great source of international law to be found?

4. What is the place of the sea which is situated after sea boarder?

5. What kinds of waters which are adjacent to a State`s territory?

6. In what waters may foreign Powers claim the right of innocent passage?

7. Give the difference between bays and gulfs.

8. What is the limit of territorial waters in the case of bay or gulfs?

9. What is the evidence of a ship nationality?

10. How is safe navigation ensured.

11. What are salvage services?

12. What do we call a contract for the carriage of goods in a ship?

13. In which cases is the carrier responsible for death or bodily harm to a passenger?

Exercise 3. Find the synonyms to these words in the text.

Manage, large, trade, dangerous, situation, safe place.

Exercise 4. Give Russian equivalents.

bound, maritime, a weighty influence, jurisdiction, vessels of war, injurious, privilege, harbour, roadstead, merchant ship.

Exercise 5. Give English equivalents.

Морские отношения, открытое море, территориальные воды, внутренние заливы, таможня, иностранные суда, мили, привилегии, национальная принадлежность судна, непогода, штраф, международные конфликты, подданные, консул, убежище, обладать полномочиями.

Exercise 6. Put the following sentences in the correct order.

1. For the carriage of goods in a ship a contract is described as usually “a contract of affreightment” and expressed in a document in writing called a “Bill of lading”.

2. Bays are called which deep penetrate into the land gulfs.

3. The principal judicial organ the International Court of Justice of the United Nations.

Exercise 7. Complete the text in the chronological order.

1. Similarly, if a merchant vessel enters a foreign port having on board a national of the territorial State, the local authorities enjoy the power to arrest him.

2. When a ship is driven to take refuge in a foreign port by stress of weather, or is compelled to do so by force major or any other overruling necessity, she is not subject to the local regulations of the port with regard to any incapacity, penalty, prohibition, duties or taxes in force at that port.

3. Merchant ships which find themselves in foreign territorial waters or ports cannot provide any refuge for persons fleeing from the local authorities or for political refugees.

4. When a vessel enters a port after a crime has been committed on board, if the port is one of the State to which she belongs there is no difficulty; the Jurisdiction on the Courts can be asserted.

5. If, on the other hand, the port is a foreign port and the accused person is retained in custody on board, the correct practice appears to be for the master of the ship to report the facts of the case to the Consul of his State, and for the local Court to refuse to exercise jurisdiction in respect of any occurrences on board the ship on the high seas.

Exercise 8. Form the degrees of the following adjectives and adverbs. Read and translate them.

Interest, high, important, easy, far, dangerous, different, foreign, bad, long.

Exercise 9. Translate the sentences from Russian into English.

1. Флаг под которым плавает судно свидетельствует о национальной принадлежности судна.

2. Суммы, выделяемые для спасения основаны на фактических услугах, оказываемыми спасателями, и награда по усмотрению суда.

3. Международное право призвано играть важную роль в развитии международных связей и торговли.

4. Море вне пределов территориальной юрисдикции называют открытым морем.

5. Таможня является наиболее важным ресурсом международного морского права.

6. Международное право — это совокупность норм, которые государства считают себя обязанными соблюдать в отношениях между собой.

7. Важным источником международного морского права являются договоры, конвенции.

8. Территориальные воды находятся под суверенитетом прибрежных государств.

9. Вопрос о том, имеет ли судно право на флаг, под которым оно плавает, решают законодательные органы государства флага.

10. Когда судно заходит в иностранный порт после того, как в открытом море было совершено преступление на борту судна, капитан обязан доложить об этом своему консулу, так как преступник подлежит юрисдикции государства, под флагом которым плавает судно.

11. Для безопасности мореплавания необходимы совместные действия.

12. Внутренние воды государства составляют часть территории прибрежных государств и находятся под их полным суверенитетом.

Exercise 10. Retell the text.

CHAPTER 4. LOGISTICS (ЛОГИСТИКА)

Exercise 1. Read and translate the text, using the words below.

Logistics is the management of the flow of goods, information and other resources in a repair cycle between the point of origin and the point of consumption in order to meet the requirements of customers. Logistics involves the integration of information, transportation, inventory, warehousing, material handling, and packaging, and occasionally security. Logistics is a channel of the supply chain which adds the value of time and place utility. Today the complexity of production logistics can be modeled, analyzed, visualized and optimized by plant simulation software.

The term logistics comes from the Greek logos (λόγος), meaning "speech, reason, ratio, rationality, language, phrase", and more specifically from the Greek word logistiki (λογιστική), meaning accounting and financial organization.

Logistics is considered to have originated in the military's need to supply themselves with arms, ammunition and rations as they moved from their base to a forward position. In ancient Greek, Roman and Byzantine empires, military officers with the title Logistics were responsible for financial and supply distribution matters.

Logistics became a business term. Business Logistics, as it is correctly called, can encompass a number of related functional areas; in its broadest sense, it can include traffic/ transportation, warehousing, import/ export operations, inventory control, purchasing, and customer service or sales order entry. In many companies, the logistics department will typically include the areas of traffic, warehousing and the import/ export operations.

The development of logistics influences on the cargo transportation. The introduction of new technologies into logistics develops this branch of transportation. There are 2 new technologies in this area: 1) «kanban», 2) «just-in-time». These systems are widely used in logistics.

The technology of these systems allows doing without unhandly and expensive storage facilities and increasing the capital turnover.

Under the influence of logistic systems «kanban» and «just-in-time» the customers of transport services prefer such criteria, as adherence to delivery in accordance with time schedules.

Today cargo-carrying logistics has great development. The automation of information flow, attending freight traffic, - is one of the most important technical parts of the logistics.

Modern trends of information management replace paper carriage documents with electronic and try simplify carriage documents of freight rates, systems of mutual settlements for transportation between senders, receivers and transportation organizations.

In developing of new technologies. It should be focused not only on the existing technical means of automation, but also take into account the future prospects for their development. The technical basis of the creating of advanced technologies and construction of transport logistics system is:

· Multiprocessor computers, minimarko PC of the fifth-generation;

· Channels;

· Wite all of PCs Officials freight stations

· In addition to the application of advanced technological base, by creating an entirely new technology.

The main object of the development of promising an entirely new technology is to automate fully the process of receiving, tracking and accounting of goods, tracking their movements at all stages of transport, including the maintenance phases of material flows of freight terminal virtually paperless. As a result of the work abolition on registration of transport documents and office records substantially is the procedure for receiving and issuing of goods simplified, there is no set of operations, including preparation of complex transportation documents, filling the book receiving the goods to the administration. And the cargo checking delivered cargo in the station technology center and commercial office, drawing up the operational report of loading and unloading; preparation decadal applications and decadal job orders for cargo loading; preparation of banking and financial documents.

Words to be remembered.

logistics - логистика

point - точка

origin – источник, начало

consumption – потребление, расход

inventory – опись, инвентарь, товары, предметы

occasionally – изредка, порой, случайно

to supply – снабжать, доставлять, возмещать

value – ценность, стоимость

utility – полезность, выгодность

simulation - симуляция

ratio – отношение, пропорция, соотношение, коэффициент

substantially – по существу, в основном

freight – фрахт, груз, стоимость перевозки

rate — норма, ставка, тариф

to be responsible for – быть ответственным за что-л.

turnover - оборот

adherence – приверженность, верность, соблюдение чего-л.

to attend – уделять внимание, заботиться, сопровождать

mutual – обоюдный, взаимный, общий

abolition – отмена, упразднение, уничтожение

Exercise 2. Practice reading the words.

Logistics, cycle, occasionally, utility, visnalized, simulation, empires, service, criteria, adherence, schedules, abolition, decadal, substantially, procedure, ratio.

Exercise 3. Translate the following words and word combinations.

Management, integration of information, material handling, transportation of goods, cargo packaging, security, can be visualized, financial organization, ammunition, a forward position, import/export operations, automation of information, future prospects, multi-processor computers, commercial office, decadal job.

Exercise 4. Say whether the statements are true or false. Correct them if necessary.

1. The development of logistics influences only on the food transportation.

2. There are 3 new technologies in logistics.

3. Modern trends of information management replace paper carriage documents with electronic.

4. The main purpose of the transport logistics is to automate the process of receiving, tracking of goods virtually paperless.

5. The logistics department will not include the areas of traffic, warehousing and the import /export operations.

6. Logistics is the management of the flow of goods.

7. Business Logistics can encompass a number of related functional areas.

Exercise 5. Find the proper Russian equivalents to the given English terms.

1. freight	1. отмена
2. value	2. соблюдение чего-либо
3. abolition	3. перевозка
4. packaging	4. выпуск товара
5. adherence	5. ценность, стоимость
6. carriage	6. фрахт
7. maintenance	7. применение
8. issuing of goods	8. поддержка, обслуживание
9. application	9. упаковка