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    News Notes No. 1
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 News Notes No. 6
 
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.

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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.

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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.

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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.

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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

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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.

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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].

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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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