《涉海法律英语翻译/涉海英语翻译系列教材》紧跟时代步伐,结合涉海院校海洋特色,参考近年各类法律英语及法律翻译教材内容,本着普及涉海法律知识、增强海洋意识和培养应用实践技能的宗旨,着重培养学生应用英语翻译能力,兼顾语法能力、交际能力与篇章能力全面发展,力图更新翻译专业和法律专业教学内容和人才培养模式,实现英语、翻译和法律三个专业知识结构相结合的教学机制。
《涉海法律英语翻译/涉海英语翻译系列教材》着眼于翻译硕士和法律硕士两个专业学位的教学,编排体例上既考虑到翻译学的学科要求,又尊重涉海法律的学科特点,涵括海洋法、国际海事法、涉海国际商法和海商法4个法律领域,每个领域包含5个专题,共计20个教学单元。
《涉海法律英语翻译/涉海英语翻译系列教材》共计20个教学单元,符合1个教学学期20周、每周2课时的教学安排,每一讲5个模块的内容编排适合课堂教学节奏。
《涉海法律英语翻译/涉海英语翻译系列教材》面向高等院校翻译硕士和法律硕士,兼顾英语专业、翻译专业、法律专业本科高年级学生。对于有意报考翻译硕士专业、英语教育、法律硕士或相关专业或研究方向的本科生及相关从业者,《涉海法律英语翻译/涉海英语翻译系列教材》也不失为得力的参考书。
一 海洋法
第一讲 联合国海洋法公约之海洋区域和岛屿纠纷
第二讲 专属经济区
第三讲 大陆架
第四讲 海洋资源制度
第五讲 争端解决机制
二 国际海事法
第一讲 国际海事组织法
第二讲 船舶碰撞
第三讲 海难救助
第四讲 共同海损
第五讲 海事赔偿
三 涉海国际商法
第一讲 跨国公司
第二讲 货物买卖
第三讲 知识产权
第四讲 融资
第五讲 国际商事仲裁
……
四 海商法
附 录
Part XV of the Convention lays down a comprehensive system for the settlement of disputes that might arise with respect to the interpretation and application of the Convention. It requires States Parties to settle their disputes concerning the interpretation or application of the Convention by peaceful means indicated in the Charter of the United Nations. However, if parties to a dispute fail to reach a settlement by peaceful means of their own choice, they are obliged to resort to the compulsory dispute settlement procedures entailing binding decisions, subject to limitations and exceptions contained in the Convention.
The mechanism established by the Convention provides for four alternative means for the settlement of disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal constituted in accordance with Annex vn to the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII to the Convention.
A State Party is free to choose one or more of these means by a written declaration to be made under article 287 of the Convention and deposited with the Secretary-General of the United Nations (declarations made by States Parties under article 287) .
If the parties to a dispute have not accepted the same settlement procedure, the dispute may be submitted only to arbitration in accordance with Annex vn, unless the parties otherwise agree.
The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizaLions and natural or legal persons) .
The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. To date, ten multilateral agreements have been concluded which confer jurisdiction on the Tribunal (relevant provisions of these agreements) .
Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crews under article 292 of the Convention and to provisional measures pending the constitution of an arbitral tribunal under article 290, paragraph 5, ofthe Convention.
The Seabed Disputes Chamber is competent to give advisory opinions on legal questions arising within the scope of the activities of the International Seabed Authority. The Tribunal may also give advisory opinions in certain cases under international agreements related to the purposes ofthe Convention.
Disputes before the Tribunal are instituted either by written application or by notification of a special agreement. The procedure to be followed for the conduct of cases submitted to the Tribunal is defined in its Statute and Rules. Chambers
1)Seabed Disputes Chamber and Ad Hoc Chambers ofthe Seabed Disputes Chamber
The Seabed Disputes Chamber is established in accordance with Part XI, section 5, of the Convention and article 14 of the Statute. The Chamber has jurisdiction in disputes with respect to activities in the International Seabed Area.
The Chamber is composed of 11 judges. A quorum of seven members is required to constitute the Chamber. Members of the Chamber are selected by the members of the Tribunal every three years and may be selected for a second term. The selection process ensures the representation of the principal legal systems of the world and equitable geographical distribution. The Chamber elects its President from among its members
(Statute, article 35) .
Any party to a dispute over which the Seabed Disputes Chamber has jurisdiction may request the Seabed Disputes Chamber to form an ad hoc chamber. An ad hoc chamber is composed of three members of the Seabed Disputes Chamber. The composition of the ad hoc chamber is determined by the Seabed Disputes Chamber with the approval of the parties to the dispute. Members of the ad hocchamber may not be in the service of, or nationals of, any ofthe parties (Convention, articles 187 and 188; Statute, article 36) .
2) SpeciaIChambers
(a) Chamber of Summary ProcedureIn accordance with article 15, paragraphs 3 and 4 of the Statute, the Chamber of Summary Procedure may hear and determine a case by summary procedure if the parties so request. In addition, the Chamber may prescribe provisional measures if the Tribunal is not in session or a sufficient number of members is not available to constitute a quorum.The Chamber of Summary Procedure, constituted annually, is composed of five members and two altemates, as provided for by the Statute. The President and the Vice-President of the Tribunal are members ex officio of the Chamber; the President of the Tribunal serves as President of the Chamber.
(b) Chamber for Fisheries Disputes
The Chamber for Fisheries Disputes, established in accordance with article 15, paragraph 1, of the Statute, is available to deal with disputes concerning the conservation and management of marine living resources, which parties may
agree to submit to it. The Chamber consists of nine members.