Wavelength #38

W

Year 2010, Volume 5, Issue

38

avelength

Sovereign & Sovereignty

A leader is best when people barely know that he exists.

Less good when they obey and acclaim him. Worst when they fear and despise him.

Fail to honour people and they fail to honour you. But of a good leader, when his work is done, his aim fulfilled, they will all say: “We did this ourselves” Lao Tzu

The CENTROFIN Newsletter

Mankind now needs to acknowledge the primacy of the individual and to emphasise the importance of strengthening trans-national organisations and international law.

How can mankind, today, effectively address the challenges we are facing? From the environment, the existing gap between poor and rich, the financial crisis, to epidemics, regional wars, nuclear weapons, international terrorism, piracy, earthquakes, tsunamis, et cetera?

The current concept of sovereignty, which is widely thought to mean

national sovereignty, made significantly the twentieth century the bloodiest in human history. It has stood in the way of a better planet and has been the cause of a large number of conflicts.

The wise leaders of this abused planet indicate that the best solution are the International institutions to which governments / states -representing different social systems and historical and cultural traditions -- voluntarily delegate some of their sovereignty and work together to solve common problems faced by all mankind, under a genuine & earnest dialogue. We are in need of some Leaders; skilled and courageous, with integrity, that think and look beyond their nose.

So what is Sovereignty and for this reason Sovereign?

“It is worshiped like a god, and as little understood. It is the cause of untold strife and bloodshed.

Genocide is perpetrated in its sacred name. It is at once a source of power and power's abuse; of order and of anarchy. It can be noble and it can be shameful (Alan Cranston)”.

cont'd on pg 10

In this issue pg 4

MAIB Case pg 6

Sovereign & Sovereignty pg 8-9

Safety first! pg 10

Origin of the Ocean pg 12

Syllabus - Deck pg 12

Voyage Planning Requirements & ECDIS

Potential for big spill after oil rig sinks NEW ORLEANS - The oil rig that exploded, caught fire and then sank 36 hours later could lead to a major oil spill, officials said Thursday 22 April, and as a result a remotely operated vehicle is surveying the seas and assets ranging from aircraft to containment booms are ready to be deployed.

At a press conference, the officials also said hope was running out for 11 workers still missing after the blast Tuesday night off the coast of Louisiana.

The Coast Guard said its search

would probably continue into early Friday.

Crews searching for the workers have covered the 1,940-square-mile search area by air 12 times and by boat five times. The boats searched all night.

Carolyn Kemp said Thursday that her grandson, Roy Wyatt Kemp, 27, was among the missing. She said he would have been on the drilling platform when it exploded.

TO THE MASTER: Please circulate copies of this Bulletin to the CREW.

To reach our Seafarers

cont'd on pg 2

Gerald Herbert / AP An oil sheen from the oil rig explosion and fire off Louisiana is seen Wednesday (21 April) as crews try to put out the blaze.

The rig sank on Thursday and officials are scrambling to find out if crude is now spilling from below the sea.

Potential for big spill after oil rig sinks from pg 1

FACT SHEET: CLAIMS AND PROCEDURES FOR THE DEEPWATER HORIZON INCIDENT BP takes responsibility for responding to the Deepwater Horizon oil spill. We will clean it up. BP has established a robust process to manage claims resulting from the Deepwater Horizon incident.

BP will pay all necessary and appropriate clean-up costs.

BP is committed to pay legitimate and objectively verifiable claims for other loss and damage caused by the spill this may include claims for assessment, mitigation and clean up of spilled oil, real and property damage caused by the oil, personal injury caused by the spill, commercial losses including loss of earnings/profit and other losses as contemplated by applicable laws and regulations.

Claims Line for Deepwater Horizon Incident Claims BP has established a Claims Line for oil spill-related claims. The toll-free number for the Claims Line is 1-800-440-0858.

The line is available 24 hours a day, 7 days a week.

Personnel at the Claims Line will provide each caller with information on how to submit a claim.

Each claim will be assigned to an adjuster and the claim will be promptly investigated and evaluated.

Larger and more complex claims may require additional investigation and documentation prior to evaluation and resolution.

BP will pay resolved claims promptly.

BP FACT SHEET: CLAIMS AND PROCEDURES Revised May 2, 2010 The rig is owned by Transocean Ltd. and was under contract to BP. The 400-by-250-foot rig is roughly twice the size of a football field, according the Transocean's website.

Secretary to the International Group of P&I Club's General Advice Notice Background on BP liability of Deepwater Horizon Claims Under the Oil Pollution Act of 1990, the "responsible party," BP, is liable for the total of all removal costs (i.e., "costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to

prevent, minimize, or mitigate oil pollution from such an incident"), plus up to $75,000,000 in other damages covered damages (i.e., damages to natural resources, real or personal property, subsistence use of resources, loss of revenues, profits and earning capacity and losses to public services. In addition, BP may be additionally liable for claims arising under state law causes of action.

BP has indicated that it will not be invoking the $75 million cap on thirdparty damage claims. Instead, it has made the following statements publicly regarding payment of claims: (Follows full statement of "BP Fact Sheet: Claims & Procedures" as above) Latest update (Friday, 16 July 2010) Reuters - BP's shares rose on Friday on hopes that it has at last capped the ruptured subsea well that has been spewing oil into the Gulf of Mexico for the past three months and can now begin the clean-up.

BP finally choked off the leak on Thursday, the first time it has managed to cap the flow since the blowout on April 20 which has caused the worst offshore oil spill in U.S. history and an environmental disaster for the U.S. Gulf coast region.We all hope for positive results!!

Mankind using Earth's resources at an alarming rate AFP - Tuesday, November 24, 2009 / NAI (A NASA image shows Planet Earth in one of the most up-to-date images of the world to date.

Humanity would need five Earths to produce the resources needed if everyone lived as profligately as Americans, according to a report issued Tuesday) As it is, humanity each year uses resources equivalent to nearly one-and-a-half Earths to meet its needs, said the report by Global Footprint Network, an international think tank.

"We are demanding nature's services using resources and creating CO2 emissions at a rate 44 percent faster than what nature can

regenerate and reabsorb," the document said.

"That means it takes the Earth just under 18 months to produce the ecological services humanity needs in one year," it said.

And if humankind continues to use natural resources and produce waste at the current rate, "we will require the resources of two planets to meet our demands by the early 2030s," a gluttonous level of ecological spending that may cause major ecosystem collapse, the report said.

Global Footprint Network calculated the ecological footprint -- the amount of land and sea needed to produce the resources a population

- pg 3 A column of boiling black smoke rose hundreds of feet over the Gulf of Mexico as fireboats shot streams negligent. of water at the blaze.

As oil spills, Obama touts alternative energy President Barack Obama said Wednesday that the 'heartbreaking' oil spill in the Gulf of Mexico underscores the urgent need for alternative fuel sources to feed the U.S.'s massive energy needs. (May 26)

consumes and absorb its carbon dioxide emissions -- of more than 100 countries and of the entire globe.

The average European's footprint is half that size, but still too big to be sustainable in the long term.

The think-tank worked out how many resources the planet has, how much humans use, and who is using what.

At the other end of the scale are impoverished countries like Malawi, Haiti, Nepal or Bangladesh, where the footprints are around half a global hectare, or 1.25 acres -- often not even enough to provide for basic food, shelter and sanitation, the report said.

"One of the biggest things such a country can do to reduce its ecological footprint is to manage energy more efficiently and effectively -- for example, by investing in renewable energy and clean tech on the one hand, and resource-efficient infrastructure and compact urban development on the other," she said.

But there are relatively easy measures that can be taken to slow the rot.

Changing consumption habits can also reduce the global footprint.

"In most high-income, industrialized countries like the US and European countries, the biggest part of the ecological footprint is the carbon footprint," Nicole Freeling, a

"While people living at or below subsistence levels may need to increase their consumption to move out of poverty, more affluent people can reduce consumption and still improve their quality of life," Freeling said.

Back in 1961, the entire planet used, just over slightly, more than half of Earth's bio capacity.

Today, 80 percent of countries use more bio capacity than is available within their borders. They import resources from abroad, deplete their own stocks and fill "waste sinks," such as the atmosphere and ocean, with carbon dioxide.

The average American has an ecological footprint of nine global hectares (23 acres), or the equivalent of 17 US football fields.

spokeswoman for the Global Footprint Network, told AFP.

Crown Copyright 2006 - MAIB.gov.uk

Grounding – on a Soft Bottom Introduction A vessel was making an approach to a pilot station for the purpose of embarking a pilot to proceed upriver and berth. While embarking the pilot, the vessel ran aground.

Luckily, the seabed was soft mud and no environmental or physical damage resulted.

Narrative

The vessel, a 23,000 tonne double hull chemical/oil tanker, was carrying 16,300 tonnes of lower sulphur fuel oil. The vessel arrived at the estuary early and proceeded to anchor in a designated deep-water anchorage. The master was informed by his agent that the pilot was booked for 1315 the following day; the master made arrangements accordingly. The time of 1315 allowed a 30 minute delay factor, after which berthing would have to be postponed.

Although the master was familiar with the estuary, it had been nearly 10 months since his last visit. Previously, the vessel had always entered close to high water; this time entry took place 1 hour before low water.

The key resultant difference was that, on previous occasions the tidal stream had been setting to the south-west, whereas on this occasion it was setting north-easterly.

The distance from the anchorage to the pilot embarkation point was just over 10 miles.With the anchor aweigh at 1235, and a maximum speed of 14 knots, allowing time for acceleration and deceleration the vessel was never going to achieve the programmed ETA for the pilot of 1315. The prevailing force 6 westerly wind, and the north-east tidal stream, were both unfavourable. Pressing on at full speed, the vessel’s progress was being monitored by the local vessel traffic services (VTS).

There were no other vessels in the vicinity.

The entry course had been planned as 262 and the initial request from VTS was for the pilot ladder to be rigged on the starboard side. The prevailing wind was virtually right ahead , and the designated pilot embarkation point provided sufficient sea room to port and starboard for a vessel to alter course and provide an adequate lee. In

this case, however, the combination of ship speed and tidal stream meant that the vessel overshot the designated boarding point, and entered the channel close to a shoal area.

MAI

MAIB CASE

With the vessel now 20 minutes behind schedule, the pilot boat became aware of the high speed on approach, and called the vessel to slow down and swing to starboard to provide a lee for boarding.

Communication between the pilot launch coxswain and the vessel became confused, and this led to further delays. Throughout this process, the vessel was being set to the north of her planned track and no allowance had been made to counteract the tidal stream.

With the OOW now on deck to meet the pilot, the master was unable to effectively monitor the vessel’s position, and when asked by the pilot to turn to starboard he did so without fully appreciating the very close proximity of the shoal patch. As soon as the pilot had boarded, the master swung the vessel back to port, but by the time the helm had been put over, and the vessel started to swing back, it was already too late – the vessel had grounded.

Lying on a soft mud and shingle bottom, the consequences were not detrimental to the environment, and by using the vessel’s engines alone, she was successfully refloated 2 hours later, without sustaining damage.

The Lessons 1. Poor planning considerations caused the delay in weighing anchor, which in turn required a high speed approach to the pilot boarding area. Always allow sufficient time to properly execute the passage plan. All too often, attention to detail becomes blurred against the perceived need to regain lost time.

2. The bridge team did not appreciate the strength, direction and effect of the tidal stream. Before starting to weigh anchor, it would have been prudent to conduct a short briefing between the key members of the bridge team. This would have ensured that everyone was familiar with all aspects of the passage plan. It would also have given the master an opportunity to study the standard of chart preparations, and revise the plan if he was not content.

3. The vessel’s approach to the pilot embarkation area was being monitored by VTS. On this occasion, there was opportunity for VTS to be more proactive in their monitoring and, if necessary, advise the master of his close proximity to navigational dangers. Notwithstanding the earlier difficulties in communications, the request by the pilot vessel, for a swing to starboard to provide a lee, was inappropriate given the dangers close by. This was an excellent opportunity for both VTS and pilot to coordinate their individual responsibilities, each advising the other, and collectively both advising the vessel on the prevailing circumstances

Experts confirm asteroid wiped out the dinosaurs

WASHINGTON (AFP) - – Dinosaurs were wiped out by a huge asteroid that smashed into Earth 65 million years ago with the force of a billion atomic bombs, scientists said, hoping to lay an age-old debate to rest once and for all.

The definitive verdict came from an international panel of experts who reviewed 20 years' worth of evidence about what caused the Cretaceous-Tertiary (KT) extinction that wiped out more than half the species on the planet.

They determined it was a massive asteroid, measuring around 15 kilometres (nine miles) wide, which smashed into what is today Chicxulub in Mexico.

The event marked a pivotal point in history because it cleared the way for mammals to become the dominant species on Earth.

"The asteroid is believed to have hit Earth with a force one billion times more powerful than the atomic bomb at Hiroshima," the researchers said in a report published in the journal Science.

"It would have blasted material at high velocity into the atmosphere, triggering a chain of events that caused a global winter, wiping out much of life on Earth in a matter of days."

The panel of 41 scientists hopes their findings will lie to rest once and for all the debate about what caused the KT extinction.

Some scientists have argued that dinosaurs and species including bird-like pterosaurs and large sea reptiles were wiped out by a series of volcanic eruptions in what is now India that lasted some 1.5 million years.

The eruptions spewed enough basalt lava across the Deccan Traps in west-central India to fill the Black Sea twice and were thought to have caused a cooling of the atmosphere and acid rain on a global scale.

But the evidence gathered for the study and published in Science showed that marine and land ecosystems were destroyed rapidly in the KT extinction, leading the scientists to rule out volcanic activity as the culprit, because its effects would have whittled away at dinosaurs and other species over time.

- pg 5 -

"Despite evidence for relatively active volcanism in the Deccan Traps at the time, marine and land ecosystems showed only minor changes within the 500,000 years before the time of the KT extinction," the scientists said.

"Computer models and observational data suggest that the release of gases such as sulphur into the atmosphere after each volcanic eruption... would have had a short-lived effect on the planet and would not cause enough damage to create a rapid mass extinction of land and marine species."

The Chicxulub asteroid, on the other hand, could very well have made short shrift of dinosaurs, pterosaurs and other species, the scientists said.

The impact of the large asteroid would have "triggered large-scale fires, earthquakes measuring more than 10 on the Richter scale, and continental landslides which created tsunamis," said

Joanna Morgan, a lecturer in geophysics at Imperial College, London and coauthor of the study.The asteroid hit Earth 20 times faster than a speeding bullet and exploded into a deadly mix of hot rock and gas which would have "grilled any living creature in the immediate vicinity that couldn't find shelter," said Gareth Collins, a research fellow at Imperial College.

(Compliments BOW WAVE)

This is interesting! Learn something new everyday....

D 'Stewardesses' is the longest word typed with only the left hand.

"The final nail in the coffin for the dinosaurs happened when blasted material was ejected at high velocity into the atmosphere," shrouding the planet in darkness and causing a global winter that killed off species that "couldn't adapt to this hellish environment," added Morgan.

Another clue that the KT extinction was caused by a huge asteroid and not volcanic activity was evidence in geological records of "shocked" quartz in rock layers at KT boundary levels around the world.

D The sentence: 'The quick brown fox jumps over the

Quartz is "shocked" when it is hit very quickly by a massive force -- such as a 15-kilometer-wide asteroid travelling 20 times faster than a bullet.

The KT extinction marked the end of the 160-million-year reign of the dinosaurs and allowed mammals, and eventually humans, to become the dominant species on earth.

Vilhelm Gunnarsson / EPA The Iceland volcano Eyjafjallajokull continued to erupt on April 19, 2010 sending out a plume of ash and lightning and offering a rare glimpse at the mysterious electrical phenomenon known as a “dirty thunderstorm.�

One day the zookeeper noticed that the chimpanzee was reading two books-- the Bible and Darwin's The Origin of Species. In surprise he asked the chimp, "Why are you reading both of those books?" "Well," said the chimp, "I just wanted to know if I was my brother's keeper or my keeper's brother."

HUMOUR

D And 'lollipop' is the longest word typed with your

Some cause happiness wherever they go; others, whenever they go.."

Oscar Wilde

Monkey Reading

:)

AFP - Saturday, March 6 (Artist's rendition released by NASA shows an asteroid belt in orbit around a star. A huge asteroid that smashed into Earth with the force of a billion atomic bombs wiped out the dinosaur, scientists said, hoping to lie to rest a long-running debate over a mass extinction 65 million years ago).

"I am enclosing two tickets to the first night of my new play; bring a friend.... if you have one."

George Bernard Shaw to Winston Churchill "Cannot possibly attend first night, will attend second .... if there is one."

Winston Churchill's response

right hand.

D No word in the English language rhymes with month, orange, silver or purple.

D 'Dreamt' is the only English word that ends in the letters 'mt'.

D Our eyes are always the same size from birth, but our nose and ears never stop growing.

lazy dog' uses every letter of the alphabet.

D The words 'racecar', 'kayak' and 'level' are the

same whether they are read left to right or right to left (pallindromes).

D There are only four words in the English language which end in 'dous': tremendous, horrendous, stupendous, and hazardous.

D There are two words in the English language that have all five vowels in order: 'abstemious' and 'facetious.'

D TYPEWRITER is the longest word that can be made using the letters only on one row of the keyboard.

D A cat has 32 muscles in each ear.

D A goldfish has a memory span of three seconds.

D A 'jiffy' is an actual unit of time for 1/100th of a second.

D A shark is the only fish that can blink with both eyes.

D A snail can sleep for three years.

D Almonds are a member of the peach family.

D An ostrich's eye is bigger than its brain.

D Babies are born without kneecaps. They don't appear until the child reaches 2 to 6 years of age.

D February 1865 is the only month in recorded history not to have a full moon.

D In the last 4,000 years, no new animals have been domesticated.

D If the population of China walked past you, 8 abreast, the line would never end because of the rate of reproduction.

D Leonardo Da Vinci invented the scissors.

D Peanuts are one of the ingredients of dynamite!

D Rubber bands last longer when refrigerated.

D The average person's left hand does 56% of the typing.

D The cruise liner, QE2, moves only six inches for each gallon of diesel that it burns.

D The microwave was invented after a researcher walked by a radar tube and a chocolate bar melted in his pocket.

D The winter of 1932 was so cold that Niagara Falls froze completely solid.

D There are more chicken than people in the world.

D Winston Churchill was born in a ladies' room during a dance.

D Women blink nearly twice as much as men.

Sovereign & Sovereignty from pg 1

Sovereignty is the quality of having supreme, independent authority over a territory.

It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided. The concept has been discussed, debated and questioned throughout history, from the time of the Romans through to the present day, although it has changed in its def inition, concept, and application throughout, especially during the Age of Enlightenment.

The current notion of state sovereignty was laid down in the Treaty of Westphalia (1648), which, in relation to states, codif ied the basic principles of territorial integrity, border inviolability, and supremacy of the state (rather than the Church). A sovereign is a supreme lawmaking authority.

(Following excerpts are from Wikipaedia, the free encyclopaedia)

History Different cultures and governments have, understandably, had different ideas about sovereignty.

Classical The Roman jurist Ulpian (Latin in full Domitius Ulpianus, born in Tyre, Phoenicia died AD 228) observed that:

Z  The imperium of the people is transferred to the Emperor, Z  The Emperor is not bound by the law, Z  The Emperor's word is law.

Reformation Sovereignty re-emerged as a concept in the late 1500s, a time when civil wars had created a craving for stronger central authority, when monarchs had begun to gather power into their own hands at the expense of the nobility, and the modern nation state was emerging.

Jean Bodin, partly in reaction to the chaos of the French wars of religion; and Thomas Hobbes, partly in reaction to the English Civil War, both presented theories of sovereignty calling for strong central authority in the form of absolute monarchy. In his 1576 treatise Six livres de la république ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be:  Absolute: On this point he said that the sovereign must not be hedged in with obligations and conditions, must be able to legislate without his (or its) subjects' consent, must not be bound by the laws of his predecessors, and could not, because it is illogical, be bound by his own laws.  Perpetual: Not temporarily delegated as to a strong leader in an emergency or to a state employee such as a magistrate. He held that sovereignty must be perpetual because anyone with the power to enforce a time limit on the governing power must be above the governing power: impossible if the governing power is absolute.

Despite his commitment to absolutism, Bodin held some moderate opinions on how government should in practice be carried out. He held that although the sovereign is not obliged to, it is advisable for him, as a practical expedient, to convene a senate from whom he can obtain advice, to delegate some power to magistrates for the practical administration of the law, and to use the Estates as a means of communicating with the people.

With his doctrine that sovereignty is conferred by divine law, Bodin predefined the scope of the divine right of kings.

Age of Enlightenment

Ulpian was expressing the idea that the Emperor exercised a rather absolute form of sovereignty, although he did not use the term expressly. Ulpian's statements were known in medieval Europe, but sovereignty was not an important concept in medieval times.

Medieval monarchs were not sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy. Furthermore, both were strongly constrained by custom.

Hobbes, in Leviathan (1651) introduced an early version of the social contract (or contractarian) theory, arguing that to overcome the "nasty, brutish and short" quality of life without the cooperation of other human beings, people must join in a "commonwealth" and submit to a "Soveraigne [sic] Power" that is able to compel them to act in the common good. This expedient argument attracted many of the early proponents of sovereignty. Hobbes deduced from the definition of sovereignty that it must be:

Medieval

Absolute: because conditions could only be imposed on a sovereign if there was some outside arbitrator to determine when he had violated them, in which case the sovereign would not be the final authority.

Sovereignty existed during the Medieval Period as the de jure rights of nobility and royalty, and in the de facto right and capability of an individual to make their own choices in life.

- pg 7 (The front is a piece of Thomas Hobbes' Leviathan, depicting the Sovereign as a massive body wielding a sword and crosier and composed of many individual people) Indivisible: The sovereign is the only final authority in his territory; he does not share final authority with any other entity. Hobbes held this to be true because otherwise there would be no way of resolving a disagreement between the multiple authorities.

Hobbes' hypothesis that the ruler's sovereignty is contracted to him by the people in return for his maintaining their safety, led him to conclude that if the ruler fails to do this, the people are released from their obligation to obey him. .

The second book of Jean-Jacques Rousseau's Du Contrat Social, ou Principes du droit politique (1762) deals with sovereignty and its rights. Sovereignty, or the general will, is inalienable, for the will cannot be transmitted; it is indivisible, since it is essentially general; it is infallible and always right, determined and limited in its power by the common interest; it acts through laws. Law is the decision of the general will in regard to some object of common interest, but though the general will is always right and desires only good, its judgment is not always enlightened, and consequently does not always see wherein the common good lies; hence the necessity of the legislator.

But the legislator has, of himself, no authority; he is only a guide who drafts and proposes laws, but the people alone (that is, the sovereign or general will) have authority to make and impose them. <Jean Bodin, 16th-century engraving.

Courtesy of the Bibliothèque Nationale,Paris >Thomas Hobbes, detail of an oil painting by John Michael Wright; Courtesy of the National Portrait Gallery, London

Rousseau, in his 1763 treatise Of the Social Contract argued, "the growth of the State giving the trustees of public authority more and means to abuse their power, the more the Government has to have force to contain the people, the more force the Sovereign should have in turn in order to contain the Government," with the understanding that the Sovereign is "a collective being of wonder" resulting from "the general will" of the people, and that "what any man, whoever he may be, orders on his own, is not a law" and furthermore predicated on the assumption that the people have an unbiased means by which to ascertain the general will. Thus the legal maxim, "there is no law without a sovereign."

The 1789 French Revolution shifted the possession of sovereignty from the sovereign ruler to the nation and its people.

Definition and types

There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon.

- Lassa Oppenheim, an authority on international law

Absoluteness An important factor of sovereignty is its degree of absoluteness. A sovereign power has absolute sovereignty if it has the unlimited right to control everything and every kind of activity in its territory.

This means that it is not restricted by a constitution, by the laws of its predecessors, or by custom, and no areas of law or behaviour are reserved as being outside its control. For example, parents are not guaranteed the right to decide some matters in the upbringing of their children independently of the sovereign power; municipalities are not guaranteed freedom from its interference in some local matters, etc. Theorists have diverged over the necessity or desirability of absoluteness. Historically, it is doubtful whether a sovereign power has ever claimed complete absoluteness, let alone had the power to actually enforce it.

Exclusivity The key element of sovereignty in the legalistic sense is that of exclusivity of jurisdiction. Specifically, when a decision is made by a sovereign entity, it cannot generally be overruled by a higher authority, usually another state.

De jure and de facto De jure, or legal, sovereignty is the theoretical right to exercise exclusive control over one's subjects.

De facto, or actual, sovereignty is concerned with whether control in fact exists. It can be approached in two ways: 1.Does the governing power have sufficient strength (police, etc.) to compel its subjects to obey it? (If so, a type of de facto sovereignty called coercive sovereignty exists.)

2.Are the subjects of the governing ] power in the habit of obeying it?

It is generally held that sovereignty requires not only the legal right to exercise power, but the actual exercise of such power. That is, "No de jure sovereignty without de facto sovereignty." In other words, neither claiming/being proclaimed Sovereign, nor merely exercising the power of a Sovereign is sufficient; sovereignty requires both elements.

Internal Internal sovereignty is the relationship between a sovereign power and its own subjects. A central concern is legitimacy: by what right does a political body (or individual) exercise authority over its subjects? Possible answers include: by the divine right of kings or by social contract (popular sovereignty).

External External sovereignty concerns the relationship between a sovereign power and other states. The United Kingdom uses the following criteria when deciding under what conditions other states recognise a political entity as having sovereignty over some territory, as an example of typical criteria used by state when deciding this:

"Sovereignty." A government which exercises de facto administrative control over a country and is not subordinate to any other government in that country is a foreign sovereign state.

- (The Arantzazu Mendi, [1939] A.C. 256), Strouds Judicial Dictionary

contin'd on pg 14

Safety First !!

Message from the DPA: It is widely accepted that shipping is a live industry where many things change fast. National and international legislators move quickly (voluntarily, but also in reaction to incidents similar to the Deepwater Horizon case) and as a result new rules come into force continuously.

Major changes are coming into force every day, even as we write these few words, for example: Revised ISM / MARPOL amendments including requirements for Risk Assessment Procedures.

Volatile Organic Compound (VOC) Plans MARPOL Annex VI introducing emission restriction and control regulations (EU, ULSDO, etc) USA Vessel General Permit (VGP) rules Ballast Water Treatment Systems All of us – whether ashore or on board – must stay abreast of such developments at all times. From our side we are continuously trying to keep track of relevant information and provide you with the necessary instructions. From your side, you must continue your efforts to become familiar with such requirements and to implement these on board. Every regulation starts its life on the desk of a legislator, but ends up on board: The vessel is where these are applied and scrutinized, and this cannot happen without the involvement of the crew and leadership on part of the officers. It seems as a difficult task – especially among all your other daily routines – but it is a necessary one.

Please review carefully all information sent on board, discuss everything openly and when in doubt do not hesitate to refer back to the Head Office.

Anthony Lambros / Q&S Manager DPA I welcome your comments, suggestions or feedback on the contents of this column (Safety First!) at <q&s@centrofin.gr>.

Review of maritime accidents in European waters for 2009 Source: HELMEPA, Navigator issue nr. 60

The bulk carrier Full City aground in the Norwegian coasts surrounded by floating booms to contain oil escaped from her fuel tanks (July 2009) The European Maritime Safety Agency – EMSA published recently a report reviewing the maritime accidents that occurred in European waters in 2009.

The report covers only serious accidents in commercial vessels and fishing boats in the waters of jurisdiction of the E.U. member states as well as in Norway and Iceland. Its main conclusions are summarized, as follows:

oDuring the year, a number of 540 accidents (130 less than in 2008) were recorded, involving a total of 626 vessels. In relation to the 2007 – 2008 period, there was a 20% decrease in the number of accidents, which among other factors, EMSA attributes to the smaller maritime traffic, slow steaming and the less pressure during voyages to meet tight deadlines, due to the world economic crisis. oCollisions between ships and contacts with port infrastructure constitute 47% of the total.

One of the most serious accidents occurred in heavy fog conditions just outside the port of Nynashamn in Sweden last July, when the RoRo passenger ships, Gotland and Gotlandia II, severely collided causing injuries to a number of passengers and structural damage to the vessels.

oThe collision of the general cargo ship Nirint Pride with the container ship ΜSC Nikita in the west bound lane of a traffic separation scheme off the Hook of Holland in the Netherlands last August, caused water ingress in the engine room of the container ship, loss of several containers into the sea and her abandonment from 25 crew members when it began sinking by the stern. oGroundings accounted for 28% of the total.

177 incidents were recorded, most of them in general cargo ships, tankers and ferries.

The worst grounding was that of the 16,000 grt, unloaded bulk carrier Full City, which in a storm off southern Norway last July, sustained engine failure and drifted onto the rocky shores.

oThere were 67 fire incidents (11% of the total), with those broken out in general cargo ships to account for about 36%.

The worst incident broke out in one of the car decks of the Ro-Ro passenger ferry Vincenzo Florio when it was near Sicily in May 2009. The blaze then spread throughout the car decks of the vessel making necessary her evacuation from the 456 passengers and most of the crew.

last year was about 36% down compared to 2008. Out of the 3,296 possible oil spills, 751 were ckecked by the responsible coastal Authorities while 194 were confirmed to be actual spills. The total quantity of oil accidentally escaped at sea is estimated to be 1,500 to 2,000 tons.

oIn respect to the geographical area where the accidents occurred, around 70% happened in the North Sea and the Atlantic waters, strongly influenced on the invariably, dense maritime traffic and the prevailing weather and sea conditions in the areas. In the Mediterranean Sea, 114 vessels, significantly less than in the last two years were involved in accidents.

You can find the complete report of EMSA titled “Maritime Accident Review 2009” in the following link http://www.emsa.europa.eu/

oUnfortunately, 52 seafarers lost their lives in accidents occurring on commercial and fishing vessels.

In terms of loss of life, the worst incident happened when the 1,600 grt, general cargo ship Salla 2 capsized and sank in a storm around 135 nautical miles south of Cyprus, while she was sailing from Greece to Israel last December carrying building material. oThe

number of possible oil spills detected from the satellite system CleanSeaNet of EMSA

More than 20,500 vessels called to European ports and terminals in 2009

- pg 9 Safety Bulletin 10-02

Case Study: AB injured while using grinder for cutting a lub oil drum Vessel: Dry vessel â&#x20AC;&#x201C; applicable to all vessels Source: Company's records SAFE MOVEMENT ONBOARD Seafarers may believe that it is very simple to move about the ship, since it is an every day routine. In particular, the following points, though obvious, are all too often overlooked: ? personnel should watch out for tripping

hazards, and protrusions such as pipes, framing etc; ? the possibility of a sudden or heavy roll of

the ship should always be borne in mind; ? suitable footwear should be worn which

will protect toes against accidental stubbing and falling loads, and will afford a good hold on deck and give firm support while using ladders; extra care should be taken when using ladders whilst wearing sea boots; ? it is dangerous to swing on or vault over

An AB was instructed by the Bosun to cut some drums intended for garbage collection.

The AB equipped himself with appropriate PPE before commencing work. He used a cutting disk for completing the job. During this task the cutting disk plate broke and a piece of it wounded the arm of the AB. First aid was rendered in the ship's hospital followed by shore medical assistance and finally the AB was repatriated after few days.

The investigator interviewed the concerned persons and saw the place of accident, examined the section of cutting disc which was found lodged inside the drum. The Angle grinder was also examined as well as the drum which was being cut. However the injured AB could not be interviewed as he was already repatriated. Below are the relevant facts: DETAILS OF CUTTING TOOL: Angle grinder.

Make: Bergin , Model : PWS 1908, sr no: 000318 2000W 19A, RPM : 8000

stair rails, guard-rails or pipes; hatches etc; manholes and other deck accesses should be kept closed when not being used; guard-rails should be erected and warning signs posted when they are open; ? spillage of oil, grease, soapy water etc,

? the presence of temporary obstacles

should be indicated by appropriate warning signs; litter and loose objects, e.g. tools, should be cleared up; ? wires and ropes should be coiled and

stowed;

CONCLUSIONS: This equipment was examined for any malfunction. It was found in good working order safety guard was found in place.

CUTTING DISC: Only a small section of cutting disc was found lodged inside the drum.

There were no markings available on the disc hence it is difficult to find out the suitability of disc unless it is sent to a lab for analysis.

Vessel did not have any more disc of the same make or quality for comparison:

? lifelines should be rigged securely across

? ladders should be secured and ladder

steps kept in good condition; care should be taken when using ladders and gangways providing access to or of about the vessel, particularly when wearing gloves; emergency escape routes and watertight doors should never be obstructed.

Source: Code of Safe Working Practices for Merchant Seamen - Consolidated Edition, 2009

A) It is always advisable that such heavy duty cutting and grinding tools should only be used by persons who are trained in its use (such as Fitters, senior oilers etc). Even these experienced people get hurt many times from the grinding tools.

B) The AB in question should not have used this cutting tool as he did not have experience with it. It must be emphasized to ship staff that such jobs should be left to the people who know how to use the tools.

C) Direct and apparent reason behind the accident is not difficult to see. It is a) wrong tool to be used for the work (too heavy duty and high RPM). B) AB not being experienced enough for using this tool.

open decks in rough weather;

?means of access to fire fighting equipment,

ANALYSIS: This was a heavy duty grinding tool which was being used by AB. Speed of the rotating disc is 8000 rpm and without any means to reduce the RPM. Since it is electrically operated, maximum RPM is achieved very quickly. It is normally used to cut pipes or steel plates.

Since the sheet of drum is very thin and flexible, it is possible that cutting disc may have got stuck due to movement of sheet metal of drum. If AB's hand was not steady during the process, there is every chance for this disc to splinter because the disc is made of ground glass and resin material.

? injuries are often caused by jumping off

should be cleaned up as soon as practicable; areas made slippery by snow, ice or water should be treated with sand or some other suitable substance;

WEATHER: Vessel was at anchorage, weather was fine and good visibility. Job was being done on poop deck in an area near to shipside.

DRUM BEING CUT: It was 200 ltr lub oil drum which was being cut to remove the top in order to convert it to a Garbage container. It was a normal sheet metal drum. It was evident that almost half the circumference of drum was already cut when this incident happened.

D) The investigator boarded the vessel when the incident was already 4 days old and most of the evidence (like several sections of cutting disc , actual state of grinding machine at the time of accident etc.) was already lost.

Incident Circulated Report 2010/ICR01 was forwarded to all vessels containing relevant instructions on investigation techniques and evidence preservation.

E) Instruction for the proper use of power tools was added to the FIM.

Origin of the

The concept of our planet's origin and the occurrence of life upon it took human minds many centuries to comprehend.

Today, it remains a subject of hot scientific discussion and debate, again giving rise to new hypotheses.

Early theories of evolution were abstract and were unsupported by strict scientific facts and methods.

Now, however, scientists of different disciplines have accumulated large volumes of observed information, and they have succeeded in reconstructing the main stages of the formation of the Oceans and continents, and the occurrence of life on Planet Earth.

3. As a result of compressive forces, the newborn Sun begins to radiate light energy.

7. The Sun, a star surrounded by proto-planets, is compressed down to its modern size; its brightness is about half of what it is today.

4. On the periphery of the cloud, a gas/dust-like material also concentrates and forms local clusters.

8. The temperature of an internal part of the Sun reaches critical mass, causing a thermonuclear reaction, converting Hydrogen into Helium. The solar cloud is almost completely concentrated into several proto-planets.

ORIGIN OF THE SOLAR SYSTEM

1. According to modern theories, our solar system was formed from a cloud of rarefied gasses, consisting from random clusters of hydrogen and cosmic dust. The Sun - the centre of our future solar system did not yet exist.

5. Compression of the Sun and radiation of its energy proceeds. The number of local clusters in the solar cloud grows

9. Solar radiation becomes steady and protoplanets acquire spherical forms.

6. Another large part of the solar cloud forms separate clusters of proto-planets.

10. Our solar system now consists of the Sun, nine large planets, as well as a set of small planets (asteroids), comets, still smaller-sized bodies and cosmic dust.

2. Gravitational forces gradually caused compression of the turning cloud. The density of the substance in its centre increases and takes the form of a disk.

- pg 11 -

Ocean Our solar system is a part of the system of the Milky Way Galaxy,- and the latter is a component of the Universe - infinite in the time and space of our material world.

It is probable that such processes occurred on the Earth's surface and deep within the core of the Earth as well, between about 4 billion years ago (top drawing) to 3 billion years ago (bottom).

Our home, the Earth, is one of the smaller planets revolving around the Sun. The Sun is one of countless billions of stars existing in the Universe. Millions of galaxies are so far from us, that the light from some of these far solar systems began its way to us more than 4.5 billion years ago. Our near-Sun planetary system is probably not unique in the Universe, but the direct proof of existence of other such systems is just emerging. Only infinitesimally small, periodic movements, noticed by an astrophysicists observing stars nearest to us, give weak, indirect indications that there may be other solar systems similar to ours.

How and when were our solar system and Planet Earth formed? The first written thoughts of Man about the origins of the Universe, solar system and Planet Earth appeared during the 3rd and 2nd millennia BC. Later, observations and opinions of philosophers and scholars of Ancient Greece and Ancient Rome were written and have been translated. For many centuries, however, the teachings of divine creation of the World dominated thought, but alongside them were hypotheses, with striking similarities with modern ideas. The scientist, Heraclitus, of ancient Greece wrote 500 years BC: "The World, uniform as a whole, was not created by Gods or people, and was, is, and will eternally burn, but yet, inflammable and normally fading". The Roman philosopher, Tit Lucretius Car, in the poem "On the Nature of Things," proclaimed the idea that the Universe is infinite and in it there is a set of worlds, similar to ours. Though many theories have been introduced over many centuries, only since the middle of the 20th century has this complicated problem been investigated, on the basis of new scientific data.

By radiating heat into Space, the Earth's surface gradually cooled. The water vapours (gas) condensed, and became liquid water. Active elements and compounds, discharged from still more volcanic activity, interacted with the water, forming acids and salts.

By studying the structure of meteorites, scientists have determined their age - about 4.6 billion years old. In making a determination of an absolute age of most ancient rocks of the Earth, an analysis of the distribution of isotopes of the same chemical element over time permits us to make a reasonably accurate age-determination of our planet: 4.5 - 4.7 billion years, as is the age of the Moon and the other planets. These and many other data have gradually resulted in the acceptance of modern cosmogonic hypotheses, a huge role in the development of which was played by the Soviet scientists O. Yu. Shmidt, V.G. Fesenkov, A.P. Vinogradov and others.

Deep tectonic processes and the heterogeneous nature of the earth's crust are not uniform. Therefore, raised areas with thickened but chemically lighter crust have developed into land masses, and sunken areas with heavier crust have become the sea floor, covered by water. The availability of an atmosphere, a planetary water-cycle, and seasonal and daily changes of temperature above the surface of the sea promoted the development of processes of weathering, erosion and mass-wasting. The products of masswasting and erosion accumulated at the bottoms of basins and reservoirs, forming the layers (strata) of sedimentary rocks. A continuous cycle of formation and destruction of parts of the earth's surface occurred, causing a constant change in the morphology of the mountains, plains and seas.

Of the modern cosmogonic theories, the most significant is that of the "Big Bang" . According to this theory, the Universe existed in a kind of small volume of super-concentrated substance - "a primitive atom", some 20 billion years ago. As a result of its explosion, a gas-dust cloud was formed, and further condensation within the cloud resulted in formation of the Sun and proto-planets, about 15 billion years after the "Big Bang" - about 5 billion years ago. Another theory, that of pulsation of the Universe has also been presented, noting that the Universe has periodically reached a physical maximum size, after which it compressed into itself to the size of "primitive atom", which in turn, exploded, forming a new Universe.

Information provided by HDNO: http://www.oceansatlas.com/unatlas/about/ ContactInfoForHDNO.html

ORIGINS OF THE OCEANS AND CONTINENTS At the early stages of formation, the Earth appeared as a cold body in space, containing all of the chemical elements known in Nature. The atmosphere and hydrosphere did not yet exist; the surface of the planet was completely lifeless. But gradually, due to gravitational forces, energy released by the breakdown of radioactive elements and lunar tides deep inside the core of the Earth began to heat up. When temperatures near the core of the Earth reached that level where the melting of iron oxides and other compounds could occur, the active processes began for the formation of a nucleus and the main environment of the planet.

The general process of formation of the Earth's environment, according to a hypothesis of the Academician A.P. Vinogradov, was through zoned melting in the mantle, situated around a nucleus. Thus the dense, and heaviest sank toward the centre, increasing the size of the nucleus, and less dense and lighter elements rose to the surface, forming the lithosphere, the top-most part of which is the Earth's crust. These processes caused the onset of great volcanic activity over all areas on the surface of the Earth and produced great and extensive outpourings of basaltic lava, releasing gases and water vapour.

Gravity forces kept the gases and water vapour in the near-earth proximity, and these formed a primitive, proto-atmosphere, but deprived of oxygen.

Redistribution of mantle materials within the Earth and their rise to the surface and above caused the development of the atmosphere and hydrosphere. The duration of these processes was all throughout the geological history of the planet and is still going on today. The weight of the water on the surface and in the oceans gradually increased, having formed a World Ocean, and the modern salt structure of the seas was established many hundreds of millions of years ago. In the atmosphere, with occurrence and evolution of vegetable (plant) organisms, oxygen was released by the normal processes of plant growth and living. The oxygen accumulated, lowering the ratio of carbon dioxide to oxygen. The Earth's crust was divided into continental and oceanic areas, sharply distinguished by their structure and thickness. The crust under the oceans has a high density, with an average thickness of 5-6 km; continental (subaerial and coastal) density is lower and the average thickness of the land crust is between 30-40 km. Although the thicknesses are very different, the balance is maintained because of the densities of the crust, keeping the planet rotating smoothly on its axis. ....to be continued on next issue 39

SYLLABUS DECK - C STCW Reg - II/IOOW (Training â&#x20AC;&#x201C; Refresher Course â&#x20AC;&#x201C; Onboard a/o Ashore) (For our junior officers and ABs onboard. Please read below this brief self explanatory (refresher) check list, during your free time. Masters may use it whilst coaching their juniors.

Any queries may be addressed to your operator). Ed. Candidates should demonstrate the ability to apply the knowledge outlined in this oral examination syllabus by appropriate responses, anticipations and reactions to a range of routine, non-routine and contingency scenarios as presented in the list below, from the perspective of the OOW.

TOPIC 1 NAVIGATION 1 Plan and Conduct a Passage Including Position Determination a) passage planning with respect to the use of navigational publications including navigational charts (including ECDIS and RCDS), sailing directions, light lists, tide tables, radio navigational warnings and ships' routeing information; b) the requirements of ship routeing and mandatory reporting systems; c) IALA systems of maritime buoyage; d) electronic navigational systems - limitations and sources of error, methods of correction; e) limitations of electronic chart systems including ECDIS and RCDS navigational chart systems; f) radar and ARPA - practical use of, modes of operation, limitations, sources of error and parallel indexing; g) to use an azimuth mirror for taking bearings, including the determination of compass errors; h) to use a sextant, identify and correct errors; i) sources of meteorological information, ability to use and interpret information obtained from ship borne meteorological instruments (the instruments supplied by the Meteorological Office will be taken as standard), knowledge of characteristics of various weather systems, reporting and recording systems.

2 Maintain a Safe Navigational Watch a) a thorough knowledge of the principles of navigational watchkeeping at sea, including under pilotage, and watchkeeping at anchor and in port; b) a thorough knowledge of the content, application and intent of the International Regulations for Preventing Collisions at Sea; c) radar and ARPA - practical use of, modes of operation, limitations, sources of error, plotting and parallel indexing; d) understand the use of bridge equipment, including rate of turn indicators, course recorders, echo sounders and NAVTEX; e) knowledge of steering control systems, including automatic pilot, operational procedures and change-over from manual to automatic control and vice-versa - adjustment of controls for optimum performance; f) knowledge and application of the ICS Bridge Procedures Guide.

3 Compasses a) use, care and limitations of the magnetic and gyro compasses, and associated equipment, including automatic pilot.

4 Manoeuvre the Ship a) preparation for getting under way, duties prior to proceeding to sea, making harbour, entering a dock, berthing alongside quays, jetties, or other ships, and securing to buoys; b) use and care of mooring lines and associated equipment; c) helm orders, conning the ship, effects of propellers on the steering of a ship, effects of wind and current, stopping, going astern, turning short round, interaction and squat, manoeuvring in the vicinity of pilot vessels and other craft, embarking and disembarking a pilot; d) action in event of failure of:- bridge control, telegraph or steering; emergency steering arrangements. e) proper procedures for anchoring.

TOPIC 2 CARGO HANDLING AND STOWAGE 1 Loading and Unloading of Cargoes a) use and care of synthetic fibre and wire ropes, ascertaining of safe-working loads; b) basic knowledge of the regulations and recommendations affecting cargo handling, stowage, securing and carriage, including the IMDG Code; c) use of the hydrometer.

TOPIC 3 RESPONSE TO EMERGENCIES 1 Response to Navigational Emergencies a) initial action following: man overboard, collision, grounding, flooding or major mechanical damage, and receipt of a distress message; initial damage assessment and control, protection of the marine environment; b) precautions for the protection and safety of passengers in emergency situations; c) use of the International Aeronautical and Marine Search and Rescue (IAMSAR) Manual (Volume III), distress and emergency signals; Search And Rescue worldwide.

- pg 13 -

2 Response to Other Emergencies a) understanding of the organisational procedures for emergency parties and drills; b) knowledge of fire prevention, use and care of fire-fighting appliances, the shut-down and isolation of plant and equipment, dampers & air vents, escape and breathing apparatus, fire and safety plans; c) knowledge of classes and chemistry of fire; d) understanding of action to be taken in the event of fire including fires involving oil; e) use and care of life-saving appliances and equipment including hand held radios, EPIRBs, SARTs, immersion suits and thermal protective aids, and rocket line throwing apparatus; f) meaning of markings on survival craft and associated equipment; g) correct use of distress signals and awareness of penalties for misuse; h) launch and manage survival craft, recover rescue boats at sea; i) precautions for the protection and safety of passengers in emergencies; j) knowledge of the contents of SOLAS training manuals and maintenance logs; k) basic principles of survival; l) appreciation of action to be taken when emergencies arise in port; m) sources of medical information available.

3 Communications a) use of distress and emergency signals, International Code of Signals and the IMO Standard Marine Communication Phrases; b) emergency communications within the GMDSS regulations.

TOPIC 4 ONBOARD SHIP OPERATIONS 1 Pollution Prevention Requirements a) precautions to be taken to prevent pollution of the marine environment as required by the MARPOL conventions, including Restricted Areas and the disposal of pollutants; b) basic understanding of the SOPEP manual, Garbage Management Plan and anti-pollution equipment.

MARPOL Annex VI. Air Pollution Prevention from Ships.

NOx & SOx. 2 Seaworthiness of the Ship a) understand fundamentals of watertight integrity, and the closing of all openings including hatch covers, access hatches and watertight doors; b) preparations for heavy weather.

3 Legislative Requirements a) contents and use of Merchant Shipping Notices, Marine Guidance Notes, Marine Information Notes and Annual Summary of Admiralty Notices to Mariners; b) knowledge and application of current Merchant Shipping Health and Safety legislation, and the Code of Safe Working Practices for Merchant Seamen; c) basic knowledge of relevant IMO conventions concerning safety of life at sea, and protection of the marine environment. d) purpose and application of the International Safety Management (ISM )Code; e) purpose of Flag State and Port State Control.

Waves topped 10m in height Nigel Lowry – Lloyd's List Thursday 4 March 2010 WAVES that struck the Louis Cruises' vessel “Louis Majesty” (yesterday afternoon) in the western Mediterranean, killing two passengers, are now described as topping 10 m in height. \ “Three waves hit the vessel one after the other and actually they exceeded 10 m [33 ft] in height,” said Michael Maratheftis, spokesman for the Cyprus based cruise line.

“The second and third waves were the ones that did the damage and smashed through the windows.”

Louis said that a German passenger and a French passenger, both understood to have been men, were killed by flying glass when the impact of the waves shattered windows in the forward public area of deck five.

The toll of injured passengers rose to 14 during the evening as more turned up for treatment at the ship's medical centre.

Injuries were described as “light” and there were no fears for the lives of those hurt, although Spanish reports said one woman had suffered two broken legs. Most were said to have sustained minor cuts and bruises.

Mr Maratheftis said the crew had “definitely not” at any time been in fear for the stability of the 40,876 gt cruise ship, which was purchased for $162m by Louis as the Norwegian Dream two years ago.

After a year's charter to the NCL division of sellers Star Cruises, the ship only joined Louis' own operation last autumn and made its debut cruise for its new owners in December.

The vessel arrived safely back in Barcelona on last night and all the injured passengers were examined in hospital as a precaution, the cruise line said.

When it was slammed by the waves, the 1992-built vessel was en route from Barcelona to Genoa on the penultimate day of a 12-day cruise from Genoa and Marseilles, calling at Tangiers, Casablanca, Tenerife, , Cadiz, Cartagena and Barcelona. It was carrying 1,350 passengers, mainly Europeans, and 580 crew.

Some reports suggested that the wider region was lashed by 60 mile per hour winds when the tragedy took place.

Louis said it extended its sincere condolences to the families of the two deceased.

All the other passengers were flying home today, it said.

The company has cancelled the ship's next cruise to enable repairs to be carried out in Barcelona. It is expected that the Louis Majesty will then sail to Genoa and will resume normal operations with its following cruise, departing on March 12.

The vessel is not the first cruiseship to be hit by a freak wave and fears of a perceived increase in the occurrence of rogue waves earlier last decade triggered calls by seafarers unions, among others, to strengthen ship construction standards.

Voyage Planning Requirements & ECDIS (Training)

SOLAS V regulation 34 requires the masters of all vessels which proceed to sea to ensure that the intended voyage has been planned using the appropriate nautical charts and publications, and to ensure the guidelines issued by IMO in Annex 25 to Resolution A.893(21) are followed. Additional guidance is also provided in SOLAS V Annex 24, which should be used in conjunction with the IMO guidelines. The principles of voyage planning include: > Intended tracks and course alteration points, along with areas of danger, should be marked on the navigational charts, taking into account the margins of allowable error and minimum

under-keel clearance. > Everyone who is concerned

with the vessel should be comprehensively briefed. > The vessel's position is closely and continuously monitored, and is cross-checked using different methods; reliance on a single method of position fixing should be avoided. > The decisions of individuals are cross-checked so that errors can be detected. > R o u t e p l a n n i n g a n d monitoring are critical to the safe operation of every vessel, and it is essential that requirements of SOLAS V are met, regardless of whether ECDIS or paper charts are used.

The differences between the two media are considerable. This has been recognised by the International Chamber of Shipping (ICS) in its Bridge Procedures Guide, which states: Navigation with ECDIS is fundamentally different from

navigating with paper charts. As a consequence, the safe use of ECDIS requires the mariner to be appropriately trained and appropriate bridge procedures to be established While the information shown on a paper chart is fixed, the electronic data within ECDIS can be displayed and used in a variety of ways, which requires both careful consideration and manipulation.

This can be daunting and confusing to untrained users. In one occasion, although the vessel's deck officers were trained, and had experience, in the use of paper charts, none had been trained in the use of ECDIS. Consequently, they were ignorant of many of the system requirements and features, and operated the system in a very basic and inherently dangerous manner.

The use of ECDIS has steadily increased in recent years, and it is disturbing that the number of

accidents resulting from the incorrect use of ECDIS and ECS through poor system knowledge has also risen. ECDIS will soon replace paper charts as the primary planning and monitoring media on board most vessels, but the system can only realise its potential benefits to maritime safety if all mariners who are expected to use the equipment at sea are properly trained.

Therefore, the need for mandatory training in ECDIS is compelling.

Given the sophistication of the systems, and their differences in terms of user menus, hardware interfaces and terminology, this can only be achieved through both generic and equipment specific training. Reliance on the requirements of flag states, knowledge of paper charts, on the job training and self-tuition are not realistic or sensible options for such a vital piece of navigational equipment.

Consequently, the proposed inclusion of specific ECDIS

Shared

Sovereign & Sovereignty External sovereignty is connected with questions of international law, such as: when, if ever, is intervention by one country onto another's territory permissible?

recognize the sovereignty of a state over a territory, or refuse to do so.

Following the Thirty Years' War, a European religious conflict that embroiled much of the continent, the Peace of Westphalia in 1648 established the notion of territorial sovereignty as a doctrine of non interference in the affairs of other nations, so-called Westphalia sovereignty. This resulted as a natural extension of the principle of cuius regio, eius religio (Whose realm, his religion), leaving the Roman Catholic Church with little ability to interfere with the internal affairs of many European states.

Sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power. The Holy See was in this position between the annexation in 1870 of the Papal States by Italy and the signing of the Lateran Treaties in 1929, when it was recognised as sovereign by many (mostly Roman Catholic) states despite possessing no territory – a situation resolved when the Lateran Treaties granted the Holy See sovereignty over the Vatican City. Another case is also the International Committee of the Red Cross.

In international law, sovereignty means that a government possesses full control over its own affairs within a territorial or geographical area or limit. Determining whether a specific entity is sovereign is not an exact science, but often a matter of diplomatic dispute.

There is usually an expectation that de jure and de facto sovereignty exist at the place and time of concern, and rest in the same organization. Foreign governments

Similarly, the governments-in-exile of many European states (for instance, Norway, Netherlands or Czechoslovakia) during the Second World War were regarded as sovereign despite their territories being under foreign occupation; their governance resumed as soon as the occupation had ended. The government of Kuwait was in a similar situation vis-à-vis the Iraqi occupation of its country during 1990-1991.

Just like the office of Head of state (whether sovereignty is vested in it or not) can be vested jointly in several persons within a state, the sovereign jurisdiction over a single political territory can be shared jointly by two or more consenting powers, notably in the forms of a condominium or of (as still in Andorra) a co-principality.

Nation-states Nations, claiming the right of selfdetermination, often establish sovereign states for themselves, thus creating nationstates. An aspiring nation-state must have sovereignty recognised by other nationstates in order to become one.

In federal systems of government, sovereignty also refers to powers which a state government possesses independently of the national government. Whether state sovereignty is superior to the sovereignty of the national government or vice versa determines whether the country is considered a federation (such as the United States) or a confederation (such as the Iroquois Confederacy). Controversy over states' rights ultimately contributed to the start of the American Civil War.

Acquisition A number of methods of acquisition of sovereignty are presently or have historically been recognised by international law as lawful methods by which a state may acquire sovereignty over territory.

Justifications There exist vastly differing views on the moral basis of sovereignty. A fundamental polarity

M

CE There is a number of accidents in recent years in which the use or misuse of ECDIS or ECS has been identified as a contributing factor.

! In August 2004, a cross

channel ferry grounded after the helm was put the wrong way as the vessel approached a port entrance. This mistake was not noticed by the bridge team and, although an ECDIS was in use, no warning was given to indicate that the vessel was approaching shallow water because the watch vector or predicted movement warning area had not been correctly enabled.

! In 2006, a ro-ro ferry ran aground after the safety contour in her ECDIS was set at 30m. This caused the chart display to be shaded blue,

is between theories that assert that sovereignty is vested directly in the sovereign by divine right or natural right, and theories that assert it is vested in the people. In the latter case there is a further division into those that assert that the people transfer their sovereignty to the sovereign (Hobbes), and those that assert that the people retain their sovereignty (Rousseau).

Democracy is based on the concept of popular sovereignty. Representative democracies permit (against Rousseau's thought) a transfer of the exercise of sovereignty from the people to the parliament or the government. Parliamentary sovereignty refers to a representative democracy where the Parliament is, ultimately, the source of sovereignty, and not the executive power.  The republican form of government acknowledges that the sovereign power is founded in the people, individually, not in the collective or whole body of free citizens, as in a democratic form. Thus no majority can deprive a minority of their sovereign rights and powers.

which severely impeded the bridge team's ability to see that the vessel was outside the navigable channel.

! In January 2008, a ro-ro

passenger ferry hit a submerged wreck and severely damaged her propellers. Although the vessel's primary means of navigation was paper charts, her deck officers relied on the vessel's ECS, despite not having been trained in its use.

The wreck was not shown on the ECS display due to the settings applied to the system at the time.

! Contributory factors to the

grounding of a container ship in UK waters early in 2008 included the lack of training in the use of the vessel's electronic chart system. This resulted in the use of inappropriate settings with regard to depth contours, and chart and depth alarms.

Absolute monarchies are typically based on belief in the divine right of kings.

C.

The framework of an ECDIS course, titled “Model Training Course on the Operational Use of ECDIS” (Model Course 1.27) was published by the IMO in 2000, and provides detailed guidance on content, the facilities required, basic entry level qualifications, certification, and simulator exercises. Many ECDIS training courses based on the IMO model course are run by maritime training colleges and other educational organisations around the world. The course is designed for 40 hours of instruction (1 week), and successful completion is dependent on attendance.

Although tests and evaluations are suggested, there is no requirement for attendees to pass an examination.

Related Accidents (Compliments MAIB)

AGEMENT I N AN

IN

competences within the STCW Code is a very positive step, which merits strong support and early adoption by IMO.

- pg 15-

NTROF

QUOTATIONS ! It is dangerous to be sincere

unless you are also stupid. ! A great secret of success is

to go through life as a man who never gets used up. ! It is possible to fail in many

ways...while to succeed is possible only in one way. ! He has never been known to

use a word that might send a reader to the dictionary.

William Faulkner (about Ernest Hemingway) ! He has no enemies, but is

intensely disliked by his friends ! Success is the ability to go

from one failure to another with no loss of enthusiasm.

Relation to rule of law Another topic is whether the law is held to be sovereign, that is, whether it is above political or other interference. Sovereign law constitutes a true state of law, meaning the letter of the law (if constitutionally correct) is applicable and enforceable, even when against the political will of the nation, as long as not formally changed following the constitutional procedure. Strictly speaking, any deviation from this principle constitutes a revolution or a coup d'état, regardless of the intentions.

Sovereign as a title In some cases, the title sovereign is not just a generic term, but an actual (part of the) formal style of a Head of state.

The creation of nuclear weapons and their proliferation into many hands is the most ominous fact that remains from the twentieth century.

“We have invoked death on a scale rivalling the power of the Creator” observed General Lee Butler.

On their first appearance on earth the humans' sovereignty was absolute. They were truly free nomads cultivating the soil. They then slowly gravitated together in villages, towns, cities with their leaders and rulers.

This original sovereignty in a state of nature slowly vanished through the thousand of years. “The myth that human beings have been killing each other most of the time for as long as they existed – that it is our nature and if you scratch the veneer of civilisation you get a Rwanda – is fundamentally mistaken” by anthropologist Professor William Ury of Harvard University.

Professor Louis Henkin of Columbia University describes “that – regardless of whether a nation is a democracy or something else – the essential characteristics and indicia of a sovereign state today include principally: “independence, equality, autonomy, 'personhood', territorial authority, integrity and inviolability, impermeability and 'privacy'”. Ed.

! He had delusions of

adequacy. ! I didn't attend the funeral,

but I sent a nice letter saying I approved of it ! He has all the virtues I

dislike and none of the vices I admire. ! Thank you for sending me a

copy of your book; I'll waste no time reading it ! Equal opportunity means

everyone will have a fair chance at being incompetent. ! He is a self-made man and

worships his creator ! Many of life's failures are

people who did not realize how close they were to success when they gave up. ! It is not enough to succeed.

Others must fail. ! There is nothing worse than

aggressive stupidity.

Leading for Safety Crown Copyright - www.mcga.gov.uk

Confidence and Authority

2 Lead the team by example Leading the team by example is the combination of two things: being seen to be practicing what you preach, and pulling your weight as a key part of the team.

Why is it important?

It is well-known that people are less likely to follow any rule or practice if you do not follow it yourself – this is especially true for safety rules.

Traditionally, Masters may have regarded themselves more as authorities to be obeyed rather than team players. However, with increasing safety requirements and fluid labour markets, sometimes with high crew turnover, it is increasingly important to use leadership styles that demonstrate shared safety values through actions, not just words.

“They must themselves

follow the rules; they cannot expect others to follow if they do not do this themselves”

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CENTRO-NEWS

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The Articles written and the Views expressed in this bulletin do not necessarily reflect those of CENTROFIN and/or its members.

Queries to: wavelength@centrofin.gr Disclaimer. The contents provided herewith are for general information purposes only; not intended to replace or otherwise contradict the detailed instructions/procedures issued by the owners/managers, flag etc.

Editor: Cmdr Nicholas A. ILIOPOULOS - Master Mariner - Human Resources Tel. +30.6944.941 333. Email: ilioship@yahoo.com.sg Comments. This editor welcomes readers' responses to all articles & Editorials.

Design-Production: www.paradox.com.gr Tel.+30.210.6560 574

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