《涉海法律英語翻譯/涉海英語翻譯系列教材》緊跟時代步伐,結(jié)合涉海院校海洋特色,參考近年各類法律英語及法律翻譯教材內(nèi)容,本著普及涉海法律知識、增強海洋意識和培養(yǎng)應(yīng)用實踐技能的宗旨,著重培養(yǎng)學(xué)生應(yīng)用英語翻譯能力,兼顧語法能力、交際能力與篇章能力全面發(fā)展,力圖更新翻譯專業(yè)和法律專業(yè)教學(xué)內(nèi)容和人才培養(yǎng)模式,實現(xiàn)英語、翻譯和法律三個專業(yè)知識結(jié)構(gòu)相結(jié)合的教學(xué)機制。
《涉海法律英語翻譯/涉海英語翻譯系列教材》著眼于翻譯碩士和法律碩士兩個專業(yè)學(xué)位的教學(xué),編排體例上既考慮到翻譯學(xué)的學(xué)科要求,又尊重涉海法律的學(xué)科特點,涵括海洋法、國際海事法、涉海國際商法和海商法4個法律領(lǐng)域,每個領(lǐng)域包含5個專題,共計20個教學(xué)單元。
《涉海法律英語翻譯/涉海英語翻譯系列教材》共計20個教學(xué)單元,符合1個教學(xué)學(xué)期20周、每周2課時的教學(xué)安排,每一講5個模塊的內(nèi)容編排適合課堂教學(xué)節(jié)奏。
《涉海法律英語翻譯/涉海英語翻譯系列教材》面向高等院校翻譯碩士和法律碩士,兼顧英語專業(yè)、翻譯專業(yè)、法律專業(yè)本科高年級學(xué)生。對于有意報考翻譯碩士專業(yè)、英語教育、法律碩士或相關(guān)專業(yè)或研究方向的本科生及相關(guān)從業(yè)者,《涉海法律英語翻譯/涉海英語翻譯系列教材》也不失為得力的參考書。
一 海洋法
第一講 聯(lián)合國海洋法公約之海洋區(qū)域和島嶼糾紛
第二講 專屬經(jīng)濟區(qū)
第三講 大陸架
第四講 海洋資源制度
第五講 爭端解決機制
二 國際海事法
第一講 國際海事組織法
第二講 船舶碰撞
第三講 海難救助
第四講 共同海損
第五講 海事賠償
三 涉海國際商法
第一講 跨國公司
第二講 貨物買賣
第三講 知識產(chǎn)權(quán)
第四講 融資
第五講 國際商事仲裁
……
四 海商法
附 錄
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.