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

In an effort to find solutions to manage and secure maritime security, the United Nations, International Maritime Organization IMO, regional international organizations and countries hav

AND TRAINING

HANOI LAW UNIVERSITY

LƯƠNG THỊ KIM DUNG

MARITIME SECUTITY FOR

SHIPS S AND SEAPORTSS UNDER INTERNATIONAL LAW AND THE

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

1 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

2 Research purposes and tasks

The purpose of the thesis is to clarify theoreticalissues of maritime securityfor ships and seaports, analyze the current situation of law and practice of international and Vietnam laws

onmaritime security for ships and seaportsandproposing a

strengtheningVietnam'smaritime security

3 Research subject and research scope of the thesis

The object of the thesis ismaritime securityfor ships and seaports in the modern international law.The thesis only studies some of the main threats ofmaritime security.The East Sea area is focused on research

4 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

5 New contributions of the thesis

The thesis is the first and comprehensive scientific research project onmaritime securityfor ships and seaports in the perspective of international law in Vietnam.The thesisdeepensthe theoretical system ofmaritime securityfor ships and seaports,generalizing the content and nature ofmaritime securityfor 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

6 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.

7 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 thesisis divided into four chapters

CHAPTER 1 OVERVIEW OF OVERSEAS AND DOMESTIC

RESEARCH TO THE THESIS 1.1 Overseas research related to the thesis

Thereare manyoverseasresearch projects onmaritime security for ships and seaportsrelatedMaritime securityconcepts international law onmaritime security, threats tomaritime security, measures to enhancemaritime security, practical implementation of international law onmaritime securityin some countries.Through the analysis process,PhD studentshave pointed out the possible values inherited from our forebears, as well as issues that the PhD studentneed studyfurther

1.2 The research in Vietnam relates to the topic

Referring to the research works in Vietnam, thePhD studentcan draw conclusions about maritime securityfor ships and seaports which has not received muchresearch 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 comprehensivemaritime securityfor ships and seaports in international law and Vietnam law as well as proposing solutions and recommendations for ensuringmaritime securityfor 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 onmaritime securityfor ships and seaports, pointing out the shortcomings of Vietnam law onmaritime security andcreating a scientific basis for the author to continue researching.However, there are still many unresolved issues such as the needto build aunified definition ofmaritime securityfor ships and seaports,notfullystudyingVietnam laws onmaritime security

as well as proposing solutions and recommendations to ensure the enhancementof maritime securityfor ships and seaports in Vietnam

On the basis of selective inheritance of research results that domestic and foreign scholarshave achieved, the thesis should continueto study the following issues:(1)furtherclarifying thesystem theory of maritime securityfor 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 securityfor ships and seaports On the basis of analysis, the research shows the shortcomings that exist in the legaland real systems and executionto build synchronized, feasible proposals and proposals to ensure maritime securityfor ships and seaports in Vietnam

Research hypothesis of the thesis

The first hypothesis:In thecontext of global integration and commercialization, many risks onmaritime securityfor ships and seaports have been created

Second hypothesis :The international law onmaritime securityfor ships and seaports is an effective tool and international cooperation

is an inevitable trendfor countries to prevent and respond to security hazards

The third hypothesis : The current situation of Vietnam law

onmaritime securityfor ships and seaports is inadequate, there are

many shortcomings in practical implementation, requiring policy and system of synchronized solutions to ensureVietnam's maritime securityagainst the threat of seaports security in the new situation.

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 onmaritime securityfor ships and seaports that Vietnam has signed or participated in and needs to

be completed to become an effective tool in enhancingmaritime securityfor ships and seaports?

Approach of the thesis: includingsystematicapproach, interdisciplinary approach, historical approach,comparative approach

Conclusion of Chapter 1

Researching overview of research workswith regard

toMaritime security for ships s and seaportss at domestic and abroad,

the authorhasprovided a comprehensive and in sightful view on issues related to the thesis topic.Through the research, the author found that although there are manyresearch projects on maritime security,there is not yet any work, especially at the doctoral thesis level approaching this issue fully.Recognizing that, thePhD 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 2 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 definitionsof 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 non-traditional 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 withthe 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 inVietnam 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: consideringmaritime security for ships and seaports is a part ofmaritime 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 securityfor ships and seaports

The second view: consideringmaritime security for ships and seaports isthe 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 securityfor 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 ensuremaritime securityfor ships and seaports are national and international institutions

- The definitionof maritime securityfor ships and seaports clearly identifies the protection objects ofmaritime security,which are ships and seaports

- The legal basis ofmaritime securityfor ships and seaports is the provisions of the international legal system and national laws

- Threats threateningmaritime securityfor 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 securityrecognizes the existence of a new term in international relations on the basis of existing concepts and constituent elements.

-Maritime securityfor 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 securityfor ships and seaports affirms the role of international organizations, especially the United Nationsand IMO

-Maritime securityfor 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, thePhD studentclarifies the relation ships betweenmaritime security and maritimesafety.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,maritimesafetymainlyrefers to accidents,incidents and prevent environmental pollutionwhereasthemaritime security mentions security risksfor ships and seaports.

PhD students also clarify the dependency relation ships between maritime security and national security, maritime security is

a part of the overall national security strategy, reflecting the national security strategy The benefits of maritime security become a core benefit and a goal pursued by national security policy.However,maritime securityalso has the opposite effect on national security

Conclusion of Chapter 2

In chapter 2, the author has focused on clarifying theoretical issues aboutmaritime securityfor ships and seaports through the definition of ships , seaports,security and maritime securityfor ships and seaports withbasic characteristics,analyzing the role

ofmaritime securityfor ships and seaports in international relations, identifying and assessing the impacts ofmaritime securitythreats on ships and seaports, researchmaritime securityin relation to maritime safety and national security to see the significance and importance of policy and law making as well

asimprove efficiencyLaw enforcementin strengtheningmaritime securityfor ships and seaports

CHAPTER 3 INTERNATIONAL ON MARITIME SECURITY

FOR SHIPS AND SEAPORTS 3.1 The formation and development of regulations on Maritime security for ships s and seaportss in modern international law This section deals with the formation and development of regulations on Maritime security for ships s and seaportss through

periods for ships s and seaportss through periods from 1600 and earlier, from 1600 to 1850, from 1850 to 1945, from 1945 to 1991 and from 1991 to present

3.2 International law on preventing and responding to maritime security threats for ships and seaports

3.2.1 Territorial Disputes

3.2.1.1 International law on territorial disputes

The content of this section analyzes the provisions

ofUNCLOSasan international legal document to curb and managemaritime securitythreats, maintaining order at sea

3.2.1.2 Practical implementation of international law on territorial disputes among countries on the East Sea

The PhD studentassesses the implementation of UNCLOS as a result of management tools, disputecontrol abide bymost countries. However, in practice, a number of provisions in UNCLOS were not properly understood, typically China deliberately explained and misused the provisions of UNCLOS related to the regime of islands and pants, the island, the archipelago, the shoals, the rocky beaches

in service of unreasonable sovereignty claims on the East Sea.The Philippines sued China and the arbitral tribunal's decision was also mentioned.The rejection of China's 9-dotted line, clearly explains uniformly the definitions of islands, rocks and shoals at the time of sinking as well as the legal status of entities given in the Arbitration Ruling will be Meaning for all countries including Vietnam have a way to unify UNCLOS, thereby applying the Convention as a legal basis for protecting their legitimate rights and interests in the East Sea

3.2.2 Pirates / armed robbery on boats

3.2.2.1 International law on combating piracy/armed robbery on boats

This section will analyze the regulations on combating piracy recognized in UNCLOS, Regional Cooperation Agreements and extremely useful guidelines of the IMO

3.2.2.2 Practical implementation of international law on combating piracy / armed robbery on boats

In this section, the PhD studentrefers to the process of legalizinginternational law provisions intonational laws through the

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 studentevaluated the process of implementing SUA Convention in a number of countries, analyzing the inadequacies in the implementation of SUA Convention throughUScase law.Two

or more countries have the right to prosecute and adjudicate a terrorist crime Infact, SUA Convention 1988does not bring much effectbecause it only focuses on prosecuting offenderswithout providing the abilityto actforce 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 provisionsonthe prevention of illegal transportation of drugs by sea recorded in UNCLOS, the UnitedNations 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