中国船员涉外人身伤亡救济模式研究

近年来多发的船员涉外人身伤亡案件体现了船员权益保护问题的紧迫性。船员涉外人身伤亡主要分为地点涉外和主体涉外两种,均可以船员国籍和船舶国籍为连接点适用中国法。目前我国调整船员劳动和劳务关系的条文散见于多部法律法规和司法解释,本文以最新船员法规、劳动法规、社会保险法规和2006海事劳工公约为依据,清理诸法头绪,结合海员外派制度,分析得出中国船员涉外人身伤亡主要有工伤保险、保赔保险、商业保险及损害赔偿诉讼四种救济模式,并详细研究各种模式的利弊。     

Women seafarers in Taiwan: survivors during the evolution of the special shipping relationship between China and Taiwan

The first Taiwan women seafarer appeared on a container ship as a training deck officer in 1998, but so far only a handful of Taiwan shipping companies are willing to provide female navigational students with on-board internship opportunities. Therefore, this study attempts to explore the career development of women seafarers in Taiwan. The author has adopted the qualitative research approach, conducted in-depth interviews with women seafarers and representatives of shipping companies, and sailed on an LPG carrier for 14 days to conduct on-site observations. This study discovers that, in the seesaw battle between occupational gender-equality awareness and the shipping market mechanism, the dominant power remains in the hands of employers who demonstrate gender bias towards women seafarers. A noteworthy finding in this study is that the political forces, which include the evolution of the special shipping relationship across the Taiwan Strait as well as the domestic regulations limiting the employment of foreign seafarers, have had a non-negligible positive impact on the seafaring career prospects of Taiwanese women.     

论研究船舶污染事故中船员犯罪问题的意义

海洋环境污染已成为国际社会广泛关注的问题.基于海洋对于人类的重要性和海洋环境污染的严重程度,国际社会意识到要为海洋建立一种法律秩序,以便利国际交通和促进海洋的和平用途,海洋资源的公平而有效的利用,海洋生物资源的养护以及研究、保护和保全海洋环境. 这种法律秩序体系庞大,涉及到海洋开发、利用和保护的方方面面.海洋环境污染事故发生后有关行为人犯罪及刑事责任的问题,也当然被包含在这个法律秩序当中.分析研究船舶污染事故中船员犯罪问题的重要意义.     

Global governance of training standards in an outsourced labor force: The training double bind in seafarer license and certification assessments

The shipping industry is among the most globalized of all industries and is characterized by complex modular supply chains, including a largely outsourced labor force of “just‐in‐time” casualized workers from developing countries and the transitional East European states. Despite long‐standing efforts by international bodies to standardize and regulate the education and training of seafarers, variations in practices and standards persist. Employers exercise contradictory influences on education and training providers, on the one hand demanding the urgent provision of more recruits (encouraging corner‐cutting), and on the other complaining about the poor quality of recruits received (urging crackdowns on poor quality providers and more rigorous examinations) – the training double bind. This paper reflects on these issues through the study of the problematic use of computerized assessments in seafarer examinations, drawing upon findings from a study involving research in six different case study countries providing maritime labor and interviews with stakeholders.