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News Notes No. 6 |
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Marineliens.com
sends our e-newsletter each month to approximately 3,80,000
marine industry professionals.
October Newsletter
Customer
Testimonial
Trade Shows
Please visit us at the following upcoming
Trade Shows:
| Unites
States |
| Date |
Show |
Location |
Booth |
| Oct.
27-30 |
Marina
& Boatyard Conf |
Radisson
-Ft.Lauderdale, Fl |
19 |
| Oct.
31-11/4 |
Ft.Lauderdale
Boat Show |
Ft.
Lauderdale Convention Ctr, Fl. |
3027 |
| Nov.
6-7 |
IBEX-U
Seattle |
Bell
Harbor Confer. Ctr. Seattle, Wa |
35 |
| Nov.
14-16 |
Fish
Expo/Workboat |
Washington
Ste. Conv.Ctr. Seattle, Wa |
2325
|
| Dec.
4- 6 |
Workboat
New Orleans |
Ernest
N Memorial Conv Ctr. New Orleans |
2202 |
| Europe |
| Date |
Show |
Location |
Booth |
| Nov.
19-21 |
METS / Amsterdam |
RAI
Convention Ctr. Amsterdam |
11.268 |
Others will be announced as wait lists allow and applications
are approved.
The International Workboat Show
The Essential
Boatbuilding Education, Sourcing & Communications Event
Comes to YOU! Seattle, Washington - November 6-7, 2002
This show is a must for professional boat builders,
designers, repairers, surveyors, and boatyard & marina
operators. For more information about the seminar series,
or to register for a FREE exhibit hall pass go to: www.ibexshow.com
This event is for the TRADE ONLY. Only marine industry
professionals admitted.
Fish Expo Workboat Northwest
Ship to Shore Industry Access
December 4-6, 2002
Ernest N. Morial Convention Center
Halls A, B, and C
New Orleans, Louisiana USA
The On Shore Show For Offshore Success.
Attendance at the International WorkBoat Show should
be a part of your plan to secure your success. You stay
competitive, sharpen your skills and connect with your
industry. This show is the largest and most recognized
of its kind, and it offers you one-on-one contact with
the top commercial marine suppliers, manufacturers,
distributors, product designers and creators. This is
a must-attend event -Register to attend today. To register,
visit our website registration page at www.workboatshow.com
or call 800-454-3007.
The Commercial Shows IBEX
The West Coast Commercial Marine Marketplace
Washington State Convention & Trade Center
Seattle, Washington USA
November 14-16, 2002
The right choice. The right time. The right show.
Don't miss the largest gathering of professionals from
every sector of the commercial marine industry on the
West Coast. If you're a fisherman, vessel operator,
seafood processor, boat builder, educator or government
official involved in the commercial marine industry,
this show is the right place for you. Experience the
latest products, technology and equipment and learn
about industry trends and new regulations - all in one
convenient place. Pre-register for FREE admission to
the show. To register online visit www.fishexposeattle.com
or call 1-800-454-3005.
Passive
vs Aggressive approach to collecting overdue maritime
debt - An Analysis - Part 1 of 3
As we look at the methods used in collecting
of outstanding maritime debt we need to compare the
various methods and use that which is appropriate
for the situation. Many, will use all three methods
at various time depending on the circumstances and
the client.
The oldest method and that which is used by us all
is the Dunning Method. The Dunning Method suggests
that the monthly invoice be sent to the client as
a reminder that the invoice remains unpaid. The Dunning
continues month after month and continues on for years
until it is obvious that the debtor does not plan
to pay. We call this the Begging Method. The contractor
begs for the monies owed. He has done the work but
as the "peacemaker" fears conflict with his customer.
He fears the customer will be alienated and not return.
Sound familiar? Of course it does, we have all used
this method and for the same reason. Less than 5%
of outstanding invoices respond to the Begging Method
once the receivable has gone beyond 90 days.
(Next month we will look at the more aggressive method)
Staff
Legal history of Indonesian Archipelago - Part 2
By Pandji R. Hadinoto, Attorney at Law, Jakarta, Indonesia
The term of Indonesia, historically is compounded by
Indo (Latin word for India or Hindus) and Nesia (= nesos,
a Greek word for island);
Before 1820, this Indonesian Archipelago was expressed
as India beyond the Gangges or Ultra Gangetic India
and further East India;
Archipelago (English) or Arcipelagus (Italia) is compounded
by "arci" means important and "pelagus" means ocean.
This term of Arcipelagus was used at the first time
in the Agreement between Republic of Venezia and King
Micael Palaeologus, 1268. In this agreement, Arcipelagus
is "aigaius-pelagus" (Greek word, Aigaion-pelagos or
Aigaia Sea). Further, Archipelago means a body of water
with islands within) and now known as "islands world";
John Crawfurd, a scientist from Edinburg, used "Indian
Archipelago" to express "Dvipantara" in his book, History
of the Indian Archipelago, 1820. This term was reinforced
further in Notice of the Indian Archipelago and Adjacent
Countries by J. H. Moore, Singapore, 1837, and in The
Indian Archipelago, Its History and Present State by
Horace St. John, London, 1853. A. R. Wallace preferred
to use Malayan Archipelago in 1869 and DR Prichard,
a French scientist, used Malaysian Archipelago in his
Physical History of Mankind. The other French scientists
use "Oceania et Malasia";
George Samuel Windsor Earl, a jurist born in London,
is known as the pioneer of using Indu-nesians or Malayu-nesians
to express the inhabitants of the "Indian Archipelago"
or "Malayan Archipelago" as written in The Journal of
Indien Archipelago and Eastern Asia, 1850;
James Richardson Logan, a jurist born in Scotland, is
known as the inventor of Indonesia when writing The
Ethnology of the Indian Archipelago : Embracing enquiries
into the Continental relations of the Indo Pacific Islanders,
1850, which expressed "The name Indian Archipelago is
too long to admit of being used in an adjective or in
an ethnographical form. Mr Earl suggests the ethnographical
term Indu-nesians but rejects it in favour of Melayu-nesians.
For reasons which will be obvious on reading a subsequent
note, I prefer the purely geographical term Indonesia,
which is merely a shorter synonym of Indian Islands
or the Indian Archipelago. We thus get Indonesian for
Indian Archipelagian or Archipelagic, and Indonesians
for Indian Archipelagians or Indian Islanders,..."
Multatuli used Insulinde in his book Max Havelar, 1859,
compounded by "inseln" means islands and "indie" from
Indus = India. There were also Malay Archipelago or
Le Grand Archipel Malais or Nusantara Malayu Raya (Nusantara
Raya) that extended to use;
Prof Adolf Bastian, University of Berlin, popularized
the name of Indonesia through his book Indonesien oder
die Inseln des Malayichen Archipels, 1884-1894;
The first political party named as Indische Partij in
1913 which then renamed as Partai Insulinde referred
to Max Havelar;
University of Leiden then developed division of Indology
in 1922, organized by Prof Cornelis van Vollenhoven;
His valuable contribution is recoqnized todate when
describing the Indonesian Customary Law into 19 subsystems
of indigenous legal environmental as written in his
Het Adatrecht van Nederlandsch Indie (1901-1931);
Indische Vereeniging in the Netherland then renamed
as Indonesische Vereeniging or Perhimpoenan Indonesia
(one of the founder was DR Moh Hatta, who later the
first vice president of Republic of Indonesia); Partai
Nasional Indonesia (National Party of Indonesia) in
Bandoeng, founded in 1927 by DR Ir Soekarno, who later
the first president of Republic of Indonesia;
Soempah Pemoeda (Declaration on Oath by Young Generations)
confessed one father-land, one nation and one language
of Indonesia (Jakarta, 1928);
Gabungan Partai Indonesia abbreviated as GAPI (Union
of Indonesian Parties) was formed in 1939;
The Independence of Republic of Indonesia was proclaimed
in 1945.
The perspective of nationality itself, recoqnized since
the imperium state of SRIWIJAYA (7th C to 14th C), imporium
state of MAJAPAHIT (14th C to 15th C), Aliance of Great
Nusantara by states of SAMUDERA PASAI, DEMAK and TERNATE
in 15th C prior to the state of the Republic of Indonesia
today.
The Indonesian's Sea Territory firstly governed by "Territoriale
Zee En Maritime Kringen Ordonantie of year 1939" which
determined 3 miles distance from the coast of each islands,
and measuring a jurisdiction area of 2 millions sqkm.
The Declaration of Djuanda (former Prime Minister of
the Republic of Indonesia) stated that the Indonesian
Geography is an Archipelago State of united islands
and seas as one jurisdiction area. This declaration
then continued by a Legislative Act no. 4/Prp, 1960
concerning the Jurisdiction of Indonesian Sea, and measuring
a jurisdiction area of 5 millions sqkm where occupies
60% of the total jurisdiction area of the Republic of
Indonesia. Therefore, Indonesia is really a Maritime
State and the only unique one in the world.
Internationally, the above national policy was discussed
in the Conference of Sea Law by the United Nations in
1958, in 1960 then in 1982 where the Principle of Archipelago
State is accepted as such and stating it in the UNCLOS'82
(United Nations Convention on the Law of the Sea).
The Indonesian Legislative Act no. 17, 1985 is issued
to ratify that UNCLOS'82.
Further, the Indonesian People General Assembly Decree
No.IV/MPR/1978 governs the National Outlook named as
Wawasan Nusantara as the basic pattern and platform
of the National Development, later the Decree No.II/MPR/1993
governs Wawasan Nusantara as the legal certainty of
the people of Indonesia. Nusantara means also today
as the Crossroad of Asia.
Use several tools to find liens
says lawyer
A web-based system to search for maritime
liens is a good concept says admiralty attorney Thomas
A. Russell of Russell & Associates in Newport Beach,
CA. It is one of several tools a diligent buyer or
lender should consider in investigating the possibility
of maritime liens against a vessel. Maritime liens
are typically secret and unrecorded. They can come
ahead of the interests of boat buyers and marine lenders.
Anyone buying or financing a boat should take precautions
to ensure there are no liens on a vessel before making
an investment. Russell, who heads the Maritime Law
Association's Recreational Boating Committee, suggests
three primary ways to double-check on liens:
-- The first line of defense against liens is to know
the history of the boat. This is usually learned through
the owners and operators of the vessel. If they are
in difficult circumstances, liens may exist for unpaid
goods and services supplied to the boat.
-- The second line of defense is to check public records.
Maritime liens do not need to be recorded, but a notice
of claim of lien may be filed with the Coast Guard
for some federally documented vessels. Still, there
is no governmental record a boat buyer or marine lender
can rely upon to completely rule out maritime liens.
-- Insurance may be a defense. Hull and machinery
insurance, and protection and indemnity coverage,
may offer protection from some types of maritime liens.
In addition, a few insurance companies now offer boat
title insurance.
A web-based service allows maritime lien claimants
to give notice of their claims on the Internet and
merely indicates that someone decided at one time
to state a claim publicly. Those who use such a service
should bear in mind that recorded claims of maritime
liens may or may not be valid, Russell points out.
Knowing that, boat buyers and marine lenders should
not rely solely upon any one service in exercising
diligence to rule out maritime liens against a vessel.
In larger transactions, the opinion of competent legal
counsel should be obtained.
For more information, contact Russell at 562/495-6000;
[email protected].
Importance of success stressed
as diplomatic conference gets underway
International Conference on the revision
of the Athens Convention Relating to the Carriage
of Passengers and their Luggage by Sea, 1974: 21 October
to 1 November 2002 IMO Secretary-General William O'Neil
stressed the crucial importance of a successful outcome
to the Diplomatic Conference meeting this week and
next at IMO to amend the liability regime relating
to damage suffered by passengers on international
voyages.In his opening remarks to the Conference,
which has been convened to consider the adoption of
a protocol to amend the Athens Convention Relating
to the Carriage of Passengers and their Luggage by
Sea, 1974, Mr O'Neil said today that the successful
adoption of the protocol would ensure that all those
likely to be affected by a shipping incident will
receive prompt and adequate compensation based on
internationally accepted criteria.
Dr Ra Jong-Yil told the Conference that there was
an understanding in the international maritime community
that this is the right time to amend the Athens Convention,
and stressed that the Conference faced a heavy responsibility
in ensuring that its work resulted in a positive outcome.
The Convention has been in force since 1987. At present,
28 States are party to it.
International Maritime Organization(IMO)
will consider proposed amendments to expand the scope
and effectiveness
of regulations concerning the prosecution and extradition
of those engaged in the perpetration of unlawful acts
at sea during the 85th session of the Organization's
Legal Committee.
The Committee will review the text of draft proposed
amendments to the 1988 Convention for the Suppression
of Unlawful Acts(SUA) Against the Safety of Maritime
Navigation (SUA Convention) and its related Protocol
for the Suppression of Unlawful Acts against the Safety
of Fixed Platforms Located on the Continental Shelf,
1988.
The review of the SUA Convention and its related Protocol
followed the unanimous adoption in November 2001 by
the IMO Assembly of resolution A.924(22) calling for
a review of measures and procedures to prevent acts
of terrorism which threaten the security of passengers
and crews and the safety of ships. The Main Purpose
Of The Sua Convention And Its Related Protocol Is
To Ensure That Appropriate Action Is Taken Against
Persons Committing Unlawful Acts Against Ships. In
the present Convention, these acts include the seizure
of ships by force; acts of violence against persons
on board ships; and the placing of devices on board
a ship which are likely to destroy or damage it. The
proposed amendments would significantly broaden the
range of offences and make it more relevant to modern
conditions.
The Convention obliges Contracting Governments either
to extradite or prosecute alleged offenders thereby
ensuring that those responsible for perpetrating acts
of violence against or on board ships, will be brought
to justice, wherever in the world they seek to hide.
The SUA Convention has been ratified by 73 States,
representing 75.4 per cent of world merchant shipping
tonnage and the SUA Protocol has been ratified by
66 States, representing 75.1 per cent of world merchant
shipping tonnage.
Wreck Removal
The Committee is expected to consider the text of
the draft wreck removal convention (WRC), with a view
to making a recommendation to the IMO Assembly as
to the holding of a diplomatic conference to adopt
it.
The WRC is intended to provide international rules
on the rights and obligations of States and ship owners
in dealing with wrecks and drifting or sunken cargo
which may pose a hazard to navigation and/or pose
a threat to the marine environment. The draft Convention
currently being considered by the Legal Committee
is intended to clarify rights and obligations regarding
the identification, reporting, locating and removal
of hazardous wrecks, in particular those found beyond
territorial waters.
The current session is expected to address some fundamental
issues such as the definitions of "wreck" and "hazard",
the "convention area", the "State whose interests
are most directly threatened by the wreck" and issues
concerning liability, compensation and financial security.
The Committee will also receive an oral report of
the fourth session of the Joint IMO/ILO Ad Hoc Expert
Working Group on Liability and Compensation regarding
Claims for Death, Personal Injury and Abandonment
of Seafarers, which developed proposed questionnaires
to be distributed in order to monitor implementation
of previous Assembly resolutions and guidelines on
these issues. Sewage Rules For Ships To Enter Into
Force Following Breakthrough Ratification Regulations
for the prevention of pollution by sewage from ships
are set to enter into force in September 2003 following
the ratification by Norway of Annex IV of MARPOL 73/78
Convention on marine pollution. Norway's ratification
means the entry-into-force criteria for the Annex,
set at 15 States whose combined merchant fleets constitute
not less than 50 per cent of the world's merchant
fleet by tonnage, have now been met.
MARPOL Article 15(2), Annex IV will now enter into
force on 27 September 2003. The Annex sets out in
detail how sewage should be treated or held aboard
ship and the circumstances in which discharge into
the sea may be allowed. It requires Parties to the
Convention to provide adequate reception facilities
for sewage and contains a model International Sewage
Pollution Prevention Certificate to be issued by national
shipping administrations to ships under their jurisdiction.
The Annex will apply to ships engaged in international
voyages. On entry into force it will have immediate
effect on all new ships of 400 gross tonnage and above
and new ships of less than 400 gross tonnage which
are certified to carry more than 15 persons. It will
apply to existing ships of 400 gross tonnage and above
and of less than 400 gross tonnage and above but certified
to carry more than 15 persons five years after the
date of entry into force.
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