An ninh hàng hải đối với tàu biển, cảng biển trong pháp luật tt tiếng anh

27 32 0
  • Loading ...
1/27 trang

Thông tin tài liệu

Ngày đăng: 28/05/2019, 05:52

MINISTRY OF EDUCATION MINISTRY OFJUSTICE AND TRAINING HANOI LAW UNIVERSITY LƯƠNG THỊ KIM DUNG MARITIME SECUTITY FOR SHIPS S AND SEAPORTSS UNDER INTERNATIONAL LAW AND THE PRATICE IN VIETNAM Major: International Law Code: 38 01 08 SUMMARY OF DOCTORAL THESIS IN LAW HÀNỘI–2019 The thesis was completed at: HANOI LAW UNIVERSITY Scientific Supervisor: Assoc.Prof Dr Dinh Ngoc Vuong Reviewer 1: Assoc.Prof.Dr Hoang Phuoc Hiep Reviewer 2: Assoc.Prof.Dr Doan Nang Reviewer 3: Assoc.Prof.Dr Nguyen Trung Tin The thesis will be defended at the marking committeeof Hanoi Law University at the time of hour month year The thesis can be found at: 1) National Library 2) Library of Hanoi Law University INTRODUCTION The urgency of the topic Contributing an important role to international trade with more than 90% of goods transported by sea, the more the maritime industry develops, the more ships and seaports security is threatened by many threats In an effort to find solutions to manage and secure maritime security, the United Nations, International Maritime Organization (IMO), regional international organizations and countries have drafted and issued a lot of legal documents on maritime security for ships and seaports which provide the basis for member states to internalize and enforce them in the national legal system Recognizing the role of maritime security assurance for ships and seaports in the development of the maritime industry, Vietnam has soon ratified and joined international conventions on maritime security and legalizes regulations into national laws Researching and finding out international laws and practices in Vietnam on maritime security for ships and seaports is extremely important and urgent for Vietnam since maritime security for Vietnamese ships and seaports is currently threatened by many threats Meanwhile, the national legal system on maritime security for ships and ports is inadequate with many shortcomings in practical implementation and needs a system of effective solutions to enhance maritime security In response to such urgent demands, the PhD student boldly selected the topic : “Maritime security for ships and seaports under international law and the practice in Vietnam” as my research topic Research purposes and tasks The purpose of the thesis is to clarify theoretical issues of maritime security for ships and seaports, analyze the current situation of law and practice of international and Vietnam laws on maritime security for ships and seaports and proposing a number of solutions to contribute to strengthening Vietnam's maritime security Research subject and research scope of the thesis The object of the thesis is maritime security for ships and seaports in the modern international law The thesis only studies some of the main threats of maritime security The East Sea area is focused on research Research Methodology The thesis is done on the basis of the methodology of dialectical materialism and historical materialism, using a combination of research methods such as analysis, comparison, synthesis, statistics, comparison to clarify the problem New contributions of the thesis The thesis is the first and comprehensive scientific research project on maritime security for ships and seaports in the perspective of international law in Vietnam The thesis deepens the theoretical system of maritime security for ships and seaports, generalizing the content and nature of maritime security for ships and seaports in a legal perspective to create international cooperation framework The thesis also analyzes and evaluates scientifically and comprehensively on the reality of international law as well as the practice of implementing international laws in some countries so that lessons can be learned for Vietnam The thesis also has profound explanations of Vietnamese practices on maritime security, pointing out the inadequacies to propose a feasible system of solutions for strengthening maritime security for ships and seaports in Vietnam The theoretical and practical significance of the thesis The study will be valuable for policy makers, legislative agencies, state agencies, for shipsping companies, ports, for scholars and students of the Maritime Law Structure of the thesis In addition to the introduction, conclusion, the works of the author previously published and the list of references and appendices, the content of the thesis is divided into four chapters CHAPTER OVERVIEW OF OVERSEAS AND DOMESTIC RESEARCH TO THE THESIS 1.1 Overseas research related to the thesis There are many overseas research projects on maritime security for ships and seaports related Maritime security concepts international law on maritime security, threats to maritime security, measures to enhance maritime security, practical implementation of international law on maritime security in some countries Through the analysis process, PhD students have pointed out the possible values inherited from our forebears, as well as issues that the PhD studentneed study further 1.2 The research in Vietnam relates to the topic Referring to the research works in Vietnam, the PhD student can draw conclusions about maritime security for ships and seaports which has not received much research interest of Vietnamese scholars The works only stop at the approach of each small aspect of the problem There is no work at all, especially at the level of doctoral thesis in research law with comprehensive maritime security for ships and seaports in international law and Vietnam law as well as proposing solutions and recommendations for ensuring maritime security for ships and seaports in Vietnam 1.3 Evaluating the results of research projects related to the thesis topic and the issues that need further research The research has mentioned some theoretical issues and international law on maritime security for ships and seaports, pointing out the shortcomings of Vietnam law on maritime security and creating a scientific basis for the author to continue researching However, there are still many unresolved issues such as the need to build a unified definition of maritime security for ships and seaports, not fully studying Vietnam laws on maritime security as well as proposing solutions and recommendations to ensure the enhancement of maritime security for ships and seaports in Vietnam On the basis of selective inheritance of research results that domestic and foreign scholars have achieved, the thesis should continue to study the following issues: (1) further clarifying the system theory of maritime security for ships and seaports, (2) studying international legal systems and enforcing international law on maritime security for ships and seaports in some countries, (3) studying the issue of Vietnam law on maritime security for ships and seaports On the basis of analysis, the research shows the shortcomings that exist in the legal and real systems and execution to build synchronized, feasible proposals and proposals to ensure maritime security for ships and seaports in Vietnam Research hypothesis of the thesis The first hypothesis: In the context of global integration and commercialization, many risks on maritime security for ships and seaports have been created Second hypothesis : The international law on maritime security for ships and seaports is an effective tool and international cooperation is an inevitable trend for countries to prevent and respond to security hazards The third hypothesis : The current situation of Vietnam law on maritime security for ships and seaports is inadequate, there are many shortcomings in practical implementation, requiring policy and system of synchronized solutions to ensure Vietnam's maritime security against the threat of seaports security in the new situation Research questions - What is the concept, role and identification of maritime security threats for ships and seaports? - What is the relation ships between maritime security and maritime safety, maritime security and national security? - Why does international law on maritime security for ships and seaports stipulate relatively adequate rights and obligations of countries and related entities in cooperation, prevention and response to security risks but not effective in securing ships and port security in practice? - Has the Vietnamese legal system has been fully and in accordance with international treaties on maritime security for ships and seaports that Vietnam has signed or participated in and needs to be completed to become an effective tool in enhancing maritime security for ships and seaports? Approach of the thesis: including systematic approach, interdisciplinary approach, historical approach, comparative approach Conclusion of Chapter Researching overview of research works with regard to Maritime security for ships s and seaportss at domestic and abroad, the author has provided a comprehensive and in sightful view on issues related to the thesis topic Through the research, the author found that although there are many research projects on maritime security, there is not yet any work, especially at the doctoral thesis level approaching this issue fully Recognizing that, the PhD student has clearly defined the purpose and research task It is the thesis that will continue to focus on clarifying theoretical issues about maritime security for ships and seaports, international laws and Vietnam's practices on maritime security for ships and seaports Therefore, both comprehensive and comprehensive solutions are proposed to enhance maritime security for ships and seaports in Vietnam CHAPTER THEORETICAL ISSUES ON MARITIME SECURITY FOR SHIPS AND SEAPORTS 2.1 The concept and role of maritime security for ships and seaports in international relations 2.1.1 Definition a Definition of security Though there are a lot of different definitions of security, there is a similarity in security which is not threat and danger Security is an important content in international relations In the beginning, traditional security considered the country to be the object of security After that, security is expanded with a new way of nontraditional security b Definition of maritime security for ships and seaports - Ship : The thesis refers to the concept of ship in the provisions of international law and the laws of some countries and in the research of scholars Of course, in accordance with the scope of the research, the author agrees with the definition of the ship given in the Vietnam Maritime Code 2015, because this definition is consistent with the definition of ships in many the international conventions, clearly demonstrating the floating, mobile, and maritime activities for commercial purposes - which are the basic characteristics of ship - Seaport: The definition of seaport is accessible in international law and some countries In accordance with with the scope of the study of the subject, the author agrees with the definition of seaport prescribed in Vietnam Maritime Code 2015, because this definition outlines the key features of the seaports and is quite similar to the way of understanding seaports in international law as well as national laws - Definition of maritime security for ships and seaports The first view: considering maritime security for ships and seaports is a part of maritime security With this view, depending on the approach such as traditional security, non-traditional security, a "positive" approach, the "negative" approach or a combination of both gives different definitions of maritime security for ships and seaports The second view: considering maritime security for ships and seaports is the maritime security This way is well-known in countries’ maritime security strategy Although there are a number ofviews and different explanations, basically in this Thesis, maritime security for ships and seaports is understood as "a combination of preventive and response measures in international law and national law to protect the system of ships and seaports against threats threatening the international sea transportation” 2.1.2 Features of maritime security for ships and seaports - Subjects to ensure maritime security for ships and seaports are national and international institutions - The definition of maritime security for ships and seaports clearly identifies the protection objects of maritime security, which are ships and seaports - The legal basis of maritime security for ships and seaports is the provisions of the international legal system and national laws - Threats threatening maritime security for ships and seaports are diverse, transnational and require all areas of cooperation among countries to prevent and respond to hazards 2.2.3 The role of maritime security for ships and seaports in international relations - Maritime security recognizes the existence of a new term in international relations on the basis of existing concepts and constituent elements - Maritime security for ships and seaports contributes to forming the overall viewpoint in the awareness and actions of countries as well as the international community on global issues - Maritime security for ships and seaports affirms the role of international organizations, especially the United Nations and IMO - Maritime security for ships and seaports plays an important role in promoting global trade growth through international ships ping operations 2.2 Identifying maritime security threats for ships and seaports In this section, the PhD student focuses on identifying the main security threats including sovereignty disputes and sovereignty rights among nations, maritime terrorism, armed piracy / robbery, trafficking drugs by sea, the stowaway Corresponding to each threats, the Ph.D student introduces the definition of threat, assesses the effects of each of these threats on Maritime security for ships s and seaportss through specific scientific evidence Therefor, this helps legislators, policy makers have effective solutions and strategies for preventing and responding to each threat 2.3 Maritime security for ships and seaports in relation to maritime safety and national security In this section, the PhD student clarifies the relation ships between maritime security and maritime safety Two concepts have a close relation ships and are often associated with a legal regime because they share common goals and reinforce each other However, maritime safety mainly refers to accidents, incidents and prevent environmental pollution whereas the maritime security mentions security risks for ships and seaports 11 promulgation of the law of piracy prevention and criminalization of piracy Practical implementation of the right to pursue piracy and to fulfill the obligation of national cooperation in combating piracy is mentioned through the implementation of joint initiatives, joint campaigns and patrols across the sea among country, contributing to repel pirates, especially Somalia and Southeast Asia 3.2.3 Maritime terrorism 3.2.3.1 International law on fighting against maritime terrorism This section focuses on the analysis of the 1988 SUA Convention and the 2005 Protocol concerning the issue of establishing national jurisdiction in the trials of terrorism, criminal extradition and international cooperation obligations of countries 3.2.3.2 Practical implementation of international law on the fight against maritime terrorism The PhD student evaluated the process of implementing SUA Convention in a number of countries, analyzing the inadequacies in the implementation of SUA Convention through US case law Two or more countries have the right to prosecute and adjudicate a terrorist crime In fact, SUA Convention 1988 does not bring much effect because it only focuses on prosecuting offenders without providing the ability to act force to suppress crime 3.2.4 Illegal transportation of drugs by sea 3.2.4.1 International law on the prevention of illegal transportation of drugs by sea This section analyzes the legal provisions on the prevention of illegal transportation of drugs by sea recorded in UNCLOS, the United Nations Convention on Drug Substances in 1961, the Vienna Convention on the Prevention of Trafficking in Illicit Drugs and Psychotropic Substances in 1988 and IMO guidelines 3.2.4.2 Practical implementation of international law on the prevention of illegal transportation of drugs by sea 12 The effectiveness of international cooperation in the fight against illegal transportation of drugs by sea depends on the actual ability of law enforcement in each country ThePhD students also mentioned some difficulties in practical implementation of drug prevention laws of many countries such as lack of investment in equipment for finding and detecting drugs, Law enforcement officers have not yet specialized in training, especially in the field of intelligence, collecting and analyzing information, monitoring and delivery activities that control, investigate and collect evidence to allow the authorities to make judgments of subjects in drug crime organizations, many countries have not yet established a single unit for law enforcement to fight drug prevention 3.2.5 Stowaway 3.2.5.1 International law to prevent and handle stowaway This section analyzes the provisions of the FAL Convention 1965 and guidelines of IMO on the obligation to prevent evaders, procedures for handling evacuations and procedures for evacuating stowaways 3.2.5.2 Practical implementation of international law to prevent and handle stowaway This content mentions the reality of ships evaders, the practice of internalizing the international law provisions into national laws The PhD student also mention the consequences of the fact that the Captain does not comply with the instructions in stowaway in practice through a number of specific cases from which the need to comply with the directions was seen, the guidance of the FAL Convention 1965 and the IMO Resolution in dealing with ships refugees 3.3 International law on measure to enhance maritime security for ships and seaports 13 3.3.1 International law on measures to enhance security of ships and seaports In this section, the PhD student focuses on the content of the ISPS Code on specific security measures which need to be implemented for ships and ports in order to respond to security threats 3.3.2 Practical implementation of international law on measures to enhance security of ships and seaports The content of this section is to analyze the process of implementing the ISPS Code in a number of member countries, including the United States, Japan, Australia and Malaysia, addressing the shortcomings of the implementation of the ISPS Code practically implemented as: - ISPS Code is not interested in ensuring supply chain security - Implementation results depend on the human resources and financial resources of each country - Failure to provide requirements for security checks should make a difference in security check procedures when ships enter seaportss of the countries In addition, the ISPS Code requires that cargo ships maintain the same level of security as passenger ships of the same size, which are not really suitable in practical implementation Although there are some shortcomings in practical implementation, the ISPS Code is evaluated an international legal document with measures to strengthen special security to ensure maritime security for ships and seaports against security threats 3.4 International institutions ensuring maritime security for ships and seaports In this section, the PhD student has clarified the role of global international organizations (UN , IMO , World Customs Organization) and regional institutions (European Union, Organization of American States, African Union, Association of 14 Southeast Asian Nations and other organizations in maritime security Conclusion of Chapter In this chapter, the PhD students have clarified the process of formation and development of regimes ensuring maritime security for ships and seaports in international law, the reality of international law and practical implementation in a number of countries The content of this chapter valuable premise connection with Chapter 4-Practice in Vietnam because it will provide a basis for evaluating processes into domestic law the Convention, an international treaty on maritime security which Vietnam participates in, assessing the compatibility and conformity between Vietnam law and international law Practical implementation of international law in some countries is also valuable for Vietnam in proposing solutions to enhance maritime security for ships and seaports in Vietnam CHAPTER PRACTICEON MARITIME SECURITY FOR SHIPS AND SEAPORTS IN VIENAM 4.1 Vietnam law on preventing and responding to maritime security threats for ships and seaports 4.1.1 Territorial Disputes 4.1.1.1 Vietnam law on the issue of territorial disputes among countries in the East Sea This section will focus on analyzing the content of the National Border Law and the Law of the Sea of Vietnam to see that it is an important legal tool to help Vietnam ensure maritime transport security as well as Vietnam's rights and legal interests in the East Sea 4.1.1.2 Practical implementation of Vietnam law on territorial disputes between countries in the East Sea In addition to assessing the compatibility and appropriateness of Vietnam law in the internalization of the provisions of UNCLOS , 15 the content of the section also refers to the implementation of the law on sovereignty, sovereign rights and Vietnam's jurisdiction on islands and seas expressed specifically in the following areas: - Vietnam has increased and strengthened national defense and security, well protected the title of sovereignty over the Paracel Islands; managed and firmly protected 21 islands and yards with 33 points stationed in Truong Sa archipelago, well protected the exclusive economic zone and continental shelf of 200 nautical miles through the maintenance of the system and operation of 15 houses DK rig on the exclusive economic zone, the continental shelf of Vietnam - Law enforcement forces on the sea clearly show the role of managing and protecting Vietnam's waters - Persistently, resolutely fight against violations of Vietnam's sovereignty over sea and islands, affirming Vietnam's sovereignty over the archipelagos of Paracel Island and Spratly Island, sovereignty over internal waters and territorial waters sovereignty and jurisdiction over Vietnam's exclusive economic zone and continental shelf 4.1.2 Pirates / armed robbery for boats 4.1.2.1 Vietnam law on combating piracy / armed robbery on boats This section analyzes the content of Article 302 on charges of piracy - a crime firstly recorded in the Criminal Code 2015, with a reference to the provisions of UNCLOS and the Recaap Agreement the suitability and compatibility of measures inVietnam 4.1.2.2 Practical implementation of Vietnam law on combating piracy / armed robbery against boats In this section, the PhD student refers to the situation of piracy/armed robbery against Vietnamese vessels in other countries' waters or on international waters, assessing the role of the coastal police force In combating piracy / armed robbery to minimize the threat of piracy happening in Vietnamese waters In addition, 16 the PhD student also mentioned the practical implementation of international cooperation obligations recognized in UNCLOS in the fight against piracy of the functional forces of Vietnam, practical evaluation of implementation of rules to prosecute criminals according to the Criminal law 4.1.3 Maritime terrorism 4.1.3.1 Vietnam law on fighting against maritime terrorism Carrying out the obligation to internalize the International Convention on Terrorism including the SUA Convention, Vietnam has promulgated the Law on Terrorism Prevention and criminalization of counts of terrorism into Vietnam's Criminal Code be carried out by the graduate student to analyze specific content Through the analysis process, it can be seen that some of Vietnam's regulations are not compatible with the provisions of international law, making it difficult for functional agencies in international cooperation to fight against this threat 4.1.3.2 Practical implementation of Vietnam law on fighting maritime terrorism For maritime terrorism, this is determined to be a potential security threat by the fact so far, not a single maritime terrorist threat to ships and port security However, every year the Maritime Department still cooperates with the Port Authority, Border Guard, Coast Guard, Police Force, Police for Fire Protection, seaports enterprises and related parties to organize rehearsals Maritime terrorism to raise awareness about security as well as the ability to coordinate and respond to security incidents 4.1.4 Illegal transportation of drugs by sea 4.1.4.1 Vietnam law on the prevention of illegal transportation of drugs by sea This section deals with Vietnam's accession to the Convention on Drugs and the process of Vietnam's legalization through the enactment of the Law on Drug Prevention and Criminalization in the 17 Criminal Code The content of Article 250 of the Criminal Code 2015 on illegal transportation of drugs is focused on the basis of comparison with the old Criminal Code 4.1.4.2 Practical implementation of Vietnam law on the prevention of illegal transportation of drugs by sea The content of the section deals with the illegal transport of drugs by sea in Vietnam, difficulties of functional forces in detecting, arresting and handling criminals illegally transport drugs by sea in Vietnam In addition, the PhD student also mentioned the process of implementing the meaning of international cooperation recognized in international drug conventions that Vietnam is a member through practical cooperation between Vietnam and the Organization, anticrime and drug use by the United Nations (UNODC), with the Mekong sub-region countries and border countries like Myanmar, Laos, Cambodia, Thailand and China 4.1.5 Stowaway 4.1.5.1 Vietnam law to prevent and handle stowaway This section focuses on analyzing the contents of Decree No 77/2017 / ND-CP regulating the management, security and order protection at port border gates and the provisions of the Maritime Code on stowaway 4.1.5.2 Practical implementation of Vietnam law to prevent and handle stowaway In this section, the fellows have an assessment of compatibility in the provisions of Vietnam law with the provisions of the FAL Convention 1965 that Vietnam is a member In fact, the ships refugees are not the main threat to the security of Vietnam ships and seaports because authorities detect very few cases of people escaping by ships to or from Vietnam seaports Success in preventing the dangers of escorts must includes the great contribution of the Borderlands security 18 4.2 Vietnam law on measures to enhance the security of ships and seaports 4.2.1 Vietnam law on measures to enhance security of ships and seaports The PhD students mentions the process of joining and legalizing ISPS Code into Vietnam by analyzing the regulations of Vietnam Maritime Code 2015 on ships security and seaports and maritime security information The content of Decree No 170/2016 / ND-CP stipulates the announcement, reception, processing and transmission of maritime security information is also mentioned for assessing the compatibility and compliance law of Vietnam with the contents of ISPS Code 4.2.2 Practical implementation of Vietnam law on measures to enhance security of ships and seaports In the context of this section, besides assessing the advantages that implementation of the provisions of the ISPS Code provides, the PhD student also points out some limitations in practical implementation such as maritime security information connectivity, organization and management of maritime security , management of seaports security, training of maritime security personnel, financial investment for security operations The pointing out the shortcomings in this implementation practice will serve as a basis for suggestions and recommendations for complete solutions in the following part of the thesis 4.3 Perspectives on orientations and solutions to improve Viet Nam law on strengthening assurance maritime security for ships and seaports 4.3.1 Viewpoints of the Party and State of Vietnam on strengthening assurance maritime security for ships and seaports Although it has not yet developed and issued a separate policy on maritime security, in the documents of the Party congress as well as the practice of foreign affairs of Vietnam, the Party and the State's 19 guidelines on maritime security are shown, specifically: (1) Ensuring maritime security associated with the protection of maritime security and sovereignty, protect national maritime transport security; (2) Ensuring maritime security contributes to implementing the goal of making Vietnam a strong sea country and enriching from the sea ; (3) Enhancing international cooperation and implement international commitments on maritime security for ships and seaports 4.3.2 Proposing solutions to enhance maritime security for ships and seaports in Vietnam 4.3.2.1 Solution to develop national maritime security strategy for ships and seaports Overall, the National Maritime Security Strategy must generalize the situation of maritime security, the law on maritime security, the views and orientations for strengthening maritime security, build a system of solutions and supervise the process of implementing the law on maritime security In detail, the National Strategy on Maritime Security must: (1) demonstrate a comprehensive vision of maritime security , identify the benefits and important roles of maritime security for Vietnam (2) Identify Vietnam maritime security threats; (3) Show the goal and action plan through a system of solutions to ensure Vietnam's maritime security 4.3.2.2 Solutions to build and complete legal documents On the basis of pointing out the shortcomings of the current situation of Vietnam law, the PhD student mentions some following perfect solutions: Firstly: construction research and issue : (1) Government Decree on maritime security; (2) Decree of the Government on the regimes, policies on salaries and allowances for maritime security forces ; (3) Prime Minister's Decision on the Central and Regional Coordination Regulationsin Maritime Security Assurance (4) Circular of the Ministry of Transport on port security personnel 20 training program, company security personnel and ships security officers (5) the Ministry of Finance's circular on collecting maritime security fees; (6) Regulations on the functions and duties of port enterprises; (7) Promulgating the Regulation on coordination of related agencies in ensuring security for ships and seaports; (8) Security plan for anchorage areas for cargo handling and return of pilots in seaports waters; (9) Amending and supplementing the Government's Decree on sanctioning administrative violations in the field of maritime security; Secondly, Completing the law on piracy, such as : (1) issuing legal documents to guide how to understand the terms: "sea", "place not under the jurisdiction of any country", "maritime means"; (2) issuing legal documents to guide the delimitation of investigating, prosecuting and adjudicating jurisdiction over piracy Thirdly, Completing the law on terrorism (1) Need to criminalize some acts of recruiting, training and harboring terrorists (2) to abandon terrorism to fight the people's government (3) Add the purpose of terrorism to Article 299 in accordance with international law; (4) Specific guidance should be given to the case of appropriation of ships , then handled in accordance with Article 299 of the Criminal Code on charges of terrorism or Article 221 of the Criminal Code regarding crimes of appropriating aircraft and ships 4.2.3.3 Solutions to improve the capacity of agencies to ensure the enforcement of maritime security laws for ships and seaports Renovating the organization of maritime security management in the direction of assigning the function of unified state management of maritime security to Vietnam Maritime Administration to overcome the inadequacies when assigned to both the Maritime Bureau and the Department Register now Strengthening the coordination of activities between the functional forces in ensuring maritime security as well as site 21 equipment and facilities in order to improve operational efficiency to ensure enforcement Strengthening the security training for the management officials of the Maritime Bureau, Maritime Security Information Center and Maritime Port Authorities 4.2.3.4 Solution of managing and controlling disputes over sovereignty and sovereignty rights, ensuring maritime transport security, ensuring freedom of navigation on the South China Sea Vietnam needs to consult with ASEAN countries in order to soon complete the draft and adopt the Code of Conduct in the South China Sea (COC), with Philippines , and consult with Japan to have experience in the East Sea dispute between China and Vietnam; ask regional countries to establish the regional maritime security control center 4.2.3.5 Solution to strengthen ships security - Strengthening security equipment for ships - Enhancing the training of security interns for officers and crew on board - Enhancing security when ships are in the port by strengthening the check- up on ships , increasing security for cargo handling, providing storage for ships , handling consignment to timely detect, eliminating security threats 4.2.3.6 Solution to strengthen seaports security - Investing in infrastructure and equipment to ensure seaports security - Building the program of training for seaports security officers and staff - Improving the quality of exercises and security practices at seaports 4.2.3.7 Solution to strengthen international cooperation in guarantee maritime security Cooperation in connecting, sharing maritime security information, 22 training, coaching, intern ships , joint patrol cooperation, joint exercises at sea Conclusion of Chapter In this chapter, the PhD student has analyzed the current situation of law and practical implementation of Vietnam law on maritime security for ships and seaports, thereby assessing the relevance and compatibility with regulations in the international maritime security conventions that Vietnam is a member, and pointed out the shortcomings, existing in the practical implementation so that they can orient and propose scientific solutions and feasibility with the desire to be positive suggestions for policy makers, legislators, ships ping companies, port operators in enhancing maritime security for ships and seaports in Vietnam CONCLUSIONS AND RECOMMENDATIONS Conclusion Maritime security for ships and seaports plays an important role in international maritime transport as well as the development of each nation whether there is a sea or not However, maritime security is being threatened by many threats A regime with the process of formation and development in international law ensures maritime security to become responsibility and cooperation of nations In the process of research on maritime security for ships and seaports in the international and practical laws of Vietnam, the PhD student has clarified and enriched the theoretical system of maritime security and conceptual analysis, basic characteristics of maritime security for ships and seaports, identification and assessment of the impacts of maritime security threats on ships and seaports, analysis of regulations of international and Vietnamese legal systems on maritime security The PhD student also clarify the close relation ships between maritime security as an important part of national security, the role of maritime security to see the meaning and 23 necessity in developing policies, laws and law enforcement to ensure maritime security for ships and seaports By analyzing the current status of the law and the implementation of the law on maritime security for ships and seaports, the PhD student has also pointed out the shortcomings, on that basis the PhD student proposes a system of scientific and feasible solutions to enhance maritime security assurance for ships and seaports in Vietnam Recommendations On the basis of the research results of the thesis, the graduate student would like to propose some following contents: (1) Proposing to the Party Central Committee to soon build and issue a national strategy on maritime security; (2) Proposing to the Government to soon build, issue, amend and improve legal documents on maritime security ; (3) Proposing to the Ministry of Transport to consider and consolidate the organizational structure in the direction of assigning the Maritime Department to be the only focal agency in maritime security management ; (4) Proposing to the Ministry of Finance to promulgate regulations on collection of maritime security feesto create a stable budget for investment in maritime security for ships and seaports in Vietnam ; (5) Proposing to port authority to establish an independent security management room with safety management department; (6) Proposing to seaports enterprises and ships ping companies to improve security capacity security for ships and seaports; (7) Proposing to facilities assigned to train company security personnel, port security personnel, ships security officers to agree on training programs and teachers course, lecture, not only theory but also practice; (8) Proposing to Vietnam Maritime University to supplement theoretical and legal knowledge related to ships security and seaports in training programs and teaching for the maritime law major 24 LIST OF ANNOUNCED RESEARCH WORKS RELATED TO THE THESIS’ THEME Luong Thi Kim Dung (2015), “Threat of piracy in Southeast Asia and the solutions to enhence Vietnam maritime secutity ” Journal of Marine Science and technology, No 41, p 7276 Luong Thi Kim Dung (2016) “International Law on maritime security”, Lexicography & Encyclopedia, No 3, p 66-70 Luong Thi Kim Dung (2016) “International law against ilicit drug traficking by sea”, Journal of Education and Society, No Special, (June), p.12-15 Luong Thi Kim Dung (2016), “International matitime security law on counter drug traficking at sea”, The International Conference on Marine Science and Technology, (October), p.38-44 Nguyen Thanh Le, Luong Thi Kim Dung, (2017), “Enhancing the capacity of Vietnam Coast Guard in law enforcement on Combating Piracy and Armed Robbery against ships ", Journal of Vietnam Coast Guard, No 3(21) , p 54-57 Nguyen Kim Phuong, Luong Thi Kim Dung, Nguyen Thanh Trung (2017) “Some recommendations to prevent piracy for ships in Southeast Asia”, Journal of Marine Science and technology, No 51, p 9-13 Luong Thi Kim Dung (2018), “Enforce measures to ensure maritime secutity of Australia and experience of Vietnam” Journal of Marine Science and technology, No.54, p 85-90 Luong Thi Kim Dung, Nguyen Thanh Le, Nguyen Manh Cuong (2018) “Building of Vietnam's National Maritime Security Strategy”, The International Conference on New developments of the International Law of the Sea- Regard International and Vietnam, (November), p 41-48 25 ... between Vietnam and the Organization, anticrime and drug use by the United Nations (UNODC), with the Mekong sub-region countries and border countries like Myanmar, Laos, Cambodia, Thailand and China... over sea and islands, affirming Vietnam's sovereignty over the archipelagos of Paracel Island and Spratly Island, sovereignty over internal waters and territorial waters sovereignty and jurisdiction... for ships and seaports; (8) Security plan for anchorage areas for cargo handling and return of pilots in seaports waters; (9) Amending and supplementing the Government's Decree on sanctioning
- Xem thêm -

Xem thêm: An ninh hàng hải đối với tàu biển, cảng biển trong pháp luật tt tiếng anh , An ninh hàng hải đối với tàu biển, cảng biển trong pháp luật tt tiếng anh

Gợi ý tài liệu liên quan cho bạn