外文翻譯---國(guó)際海運(yùn)業(yè)國(guó)際產(chǎn)業(yè)的國(guó)際規(guī)則

1、<p><b>　　管理學(xué)院</b></p><p><b>　　外 文 翻 譯</b></p><p>　　專 業(yè)： 國(guó)際經(jīng)濟(jì)與貿(mào)易 </p><p>　　班級(jí)學(xué)號(hào)： 國(guó)貿(mào)073-14 </p><p>　　學(xué)生姓名：

2、 </p><p>　　指導(dǎo)教師： </p><p>　　INTERNATIONAL SHIPPING:GLOBAL REGULATION FOR A GLOBAL INDUSTRY</p><p>　　Source:[1]Krishna Prasad,Changing Role of

3、Ship-Brokers,Journal of Information Technology,2004</p><p>　　[2]European Community,Overview of the International Commercial Shipbuilding Industry,First Marine International Limited.2003 </p><p>

4、　　[3]ICS,IMO,International shipping:Global Regulation For a Global Industry,International Chamber of Shipping,2007</p><p>　　Conclusions from Modal Workshop 4</p><p>　　at the 2009 International T

5、ransport Forum</p><p>　　Statement by the International Chamber of Shipping (ICS) and the</p><p>　　International Maritime Organization (IMO)</p><p>　　The following statement reflects

6、 the discussion during Modal Workshop 4,</p><p>　　International Shipping: Global Regulation for a Global Industry, which took place at the 2009 International Transport Forum in Leipzig, Germany, on 27 May 20

7、09.</p><p>　　Following several years of incredibly buoyant shipping markets, for many trades the best in living memory, much of the international shipping industry has fallen prey to the worldwide economic d

8、ownturn. Shipping is inherently the servant of the economy, so the contraction in trade, following the beginning of the ‘credit crunch’ in late 2008, has translated into a dramatic and abrupt reduction in demand for ship

9、ping.</p><p>　　Initially worst hurt were the containership trades. By the spring of 2009 some</p><p>　　10% of the fleet was already laid up, much of it too modern and expensive to go to recyclin

10、g yards. However, the dry bulk trades have also been severely</p><p>　　affected, particularly by the reduction in demand for raw materials from China,</p><p>　　with spot market freight rates for

11、 some bulk carriers being a fraction of the peak prices achieved in 2008. By April 2009, rates for crude, product and chemical tankers had also fallen very sharply. In general most shipping markets present a rather bleak

12、 picture.</p><p>　　A major concern of ICS national shipowners’ associations therefore is to</p><p>　　discourage governments from responding to the crisis with protectionist</p><p>　

13、　measures, which will only damage world trade further. More particularly,</p><p>　　governments must avoid measures that restrict fair and open access to shipping markets. Although most shipping today enjoys

14、relatively liberalised trading conditions compared to the days of national cargo reservation in the 1980s,shipping is unusual in that it is one of the few major industries not yet covered by a global multilateral trade a

15、greement. However, the prospect of a new agreement under the auspices of the World Trade Organization (WTO) looks increasingly uncertain. The industry must </p><p>　　those using safety and security as a pret

16、ext.</p><p>　　The shipping industry does not expect special treatment, or the billions of dollars of support being granted by some governments to the likes of the banking and automobile industries. However,

17、to operate competitively and efficiently in very difficult circumstances, shipping requires the maintenance of a regulatory ‘level playing field’, and continuation of the certainty now provided by the tonnage tax regimes

18、 that apply to shipowners in many countries.</p><p>　　Shipping is notoriously volatile, and its more experienced practitioners are familiar with the cyclical boom and bust nature of maritime freight rates.Ho

19、wever, the contraction resulting from the general global downturn could well be exacerbated by the large number of new buildings due to come into service during the next few years, notwithstanding efforts by many shipown

20、ers to cancel or renegotiate contracts. Many of these ships were ordered at high prices at the top of the market.</p><p>　　In the face of this two-way pressure, there is likely to be a considerable increase

21、in the number of older vessels that will be sent for dismantling and recycling. In view of the adoption, in May 2009, of a new IMO Convention to address concerns about working and environmental conditions in ship recycli

22、ng yards, the need for governments to identify facilities that are acceptable for use will become all the more pressing.</p><p>　　As the IMO Secretary-General has forcefully identified, financial pressures o

23、n the industry must not be allowed to result in any reduction in standards. Much has been achieved in the last 20 years with regard to safety and environmental performance, and no one is suggesting a moratorium on new re

24、gulations that genuinely improve safety, which is always the industry’s overriding priority. However, governments need to understand that any immediate regulatory and policy decisions they take must avoi</p><p

25、>　　Notwithstanding the current gloom and doom, the longer term outlook for the industry remains very good. The world’s population continues to expand, and emerging economies will continue to increase their requirement

26、s for the goods and raw materials that shipping transports so safely and efficiently. In the longer term, provided the politicians make sensible decisions, the fact that shipping is the most fuel efficient and carbon fri

27、endly form of commercial transport should work in favour of an eve</p><p>　　It is to be hoped that Ministers at the International Transport Forum will</p><p>　　deliver a strong statement in supp

28、ort of the maintenance of open shipping</p><p>　　markets, and, more generally, promote an early conclusion of the WTO</p><p>　　negotiations for a new global trade agreement.</p><p>

29、　　China has seen order intake rise steadily over the past five years, achieving a share of 13% by 2002. This has been in line with the plans of central government to develop the industry, with major investment in recent

30、years. However, in terms of market share the industry is still well behind the two leaders in Japan and South Korea. Chinese builders focus in particular on tankers and bulk carriers to gain volume but participate in mos

31、t market sectors apart from the LNG market. China expects to a</p><p>　　The EU industry has seen order intake fall significantly in recent years, in particular due to a downturn in the ordering of cruise shi

32、ps and loss of share of the container market. Market share in the EU industry is now down to 7%. EU shipyards have lost almost all share of the bulk carrier sector and most of the tanker sector. Container ship market sha

33、re, the last volume sector in which EU yards have a foothold, has also fallen over the past five years. Increasing reliance has been placed on th</p><p>　　In effect the industry in the EU has had to retrench

34、 into a small number of market niches in recen years, predominantly small ships, passenger ships and specialised ships. The cruise market maintained some volume up to 2001 but with a sharp fall in order intake in that se

35、ctor the industry as a whole has seen order intake and market share plummet.</p><p>　　Japan has seen a steady order intake in recent years, with the market lead alternating with South Korea according to shif

36、ts in market and economic conditions. Japan had a very strong market lead in 2002. Japanese shipbuilding’s main product is bulk carriers for the home market, making up almost 40% of all orders taken in 2002. Oil and chem

37、ical tankers and gas carriers also make up a significant portion of the industry’s business. Japanese shipbuilding has lost a considerable share of the contain</p><p>　　South Korea experienced a significant

38、peak of order intake in 2000 and a relatively steady level in other years. South Korean shipyards took over 50% of the container ship market in 2002, over 40% of the oil tanker market and significant shares of the gas an

39、d chemical tanker markets. The industry has tried to exit the bulk carrier sector because of low value, although it has been forced to take orders recently to maintain production volume.</p><p>　　South Korea

40、n builders have been trying to pursue a strategy to address the higher value sectors to maximise profitability, in particular the market for LNG carriers. The scope to do this is limited in relation to the volume of work

41、 needed to keep the industry in South Korea busy. The product focus tables included in appendix 3 to this report indicate that whilst there was a significant intake of LNG carriers in 2001, ordinarily this sector makes u

42、p less than 10% of the total order intake into So</p><p>　　Shipbrokers are intermediaries between the two parties to a contract, whether they are Shipowners and Charterers or buyers and sellers. They may act

43、 for one principal and occasionally as the sole broker between the two contracting parties.They will be involved in most aspects of a contract, including circulation of tonnage and business to potential clients, negotiat

44、ing the main terms of the fixture or sale, finalising the details of the contract and following the contract through to its conclusi</p><p>　　Ship brokering, as a profession, has been in vogue since the earl

45、y days of commercial shipping. Initially the owner of the ship was also the trader – or in other words, the trader was the owner of the ship. He bought goods in one place, carried the goods in his ship to another place a

46、nd sold it there. As the trade evolved, the trading activity and the shipping activity were separated; the ship owner merely carried cargo from the trader or various traders in one location to another location and h</

47、p><p>　　The modern day shipping market comprises of, on one side, ship-owners with varying fleet sizes and operators, who though do not own ships but never the less control the commercial operations of ships an

48、d on the other side,charterers of varying sizes who control different cargoes – large and small lots; the ship-broker as an intermediary between the owners and the Charterers. The primary role of the shipbroker remain

49、s to be‘finding ships for cargoes and cargoes for ships’ but modern day commun</p><p>　　This Paper looks at the role of the shipbrokers in the past, the impact of technology in the profession of ship brokeri

50、ng and the changing role of shipbrokers. The dry-cargo market is taken for analysis as it is the least standardized shipping market – and perhaps one of the most complicated in terms of practices and commercial operation

51、s.</p><p>　　This Paper looks at the role of the shipbrokers in the past, the impact of technology in the profession of ship brokering and the changing role of shipbrokers. The dry-cargo market is taken for a

52、nalysis as it is the least standardized shipping market – and perhaps one of the most complicated in terms of practices and commercial operations.</p><p>　　SHIPBROKING</p><p>　　Shipping is an in

53、ternational business. A person dealing with ship-chartering has to work with the conditions prevailing day by day in the international freight market. A large number of customs and rules of the trade have been establishe

54、d through the years all over the world. These rules and ethics are scrupulously followed by the practitioners worldwide else it is not possible to do business worth millions of dollars with parties across the world at sh

55、ort notice.</p><p>　　Chartering work is essentially a form of exchange of information. It is a business where the right information at the right moment is essential to be successful. Everyone involved in cha

56、rtering acts, to a large extent, as a collector, judge and distributor of information. Ship broking can be seen as an information network; a network of people as well as technology that facilitates information exchanges.

57、 A great deal of the flow of information consists of details on fixtures all over the world. "</p><p>　　The parties involved in a chartering deal are, on the one hand, someone who owns, controls or oper

58、ates a ship (as an owner, time chartered owner or disponent owner).We shall call him Owner for simplicity. On the other hand, there are persons who require some cargo to be carried by sea transport between two destinatio

59、ns. Normally (but not always) he is the cargo owner. Let us call him charterer. Charterer can act as an owner when he controls the tonnage. There can be various aspects as roles get </p><p>　　Ship-brokers no

60、rmally specialize in a specific segment of the market; be it dry cargo, chemical, passenger vessels, RORO vessels etc. The various market segments have their own peculiarities and the market behavior is also varied – for

61、cing the practitioners to adopt specializations.</p><p>　　Ship-broking, particularly that of a competitive broker is an opportunity based business. As and when opportunities for new business crop up, the bro

62、ker has to be on his toes to help conclude the deal. The importance of time is all the more important these days when certain segments of the market see highly volatile fluctuations.</p><p>　　The charterers

63、value the brokers’ information, knowledge, skills for negotiation as well as his perception of the market. As in other businesses, value added services generate goodwill and brokers who offer such services stand out amon

64、g other ordinary ones.</p><p>　　Chartering Methodology</p><p>　　The chartering methodology is in the process of transformation as a result of the revolutionizing changes brought in by digital co

65、mmunication and computing power. </p><p>　　Instead of a short list of close contacts, every broker now has hundreds of contacts. Each and every business is flashed to these contacts many times – sometimes mo

66、re than once a day. This is in contrast to the olden days when, due the high cost of telex communication, businesses were given only to a few contacts.</p><p>　　Even after commencement of the negotiation, it

67、 is not uncommon for owners (or Charterers) to look at other businesses. They may leave a negotiation half way through and choose to work another business. In the past, once the owner (or charterer) chose a particular bu

68、siness and started negotiations they tried to conclude it. Only if the chosen business fails do they go for another. One could say that the negotiations are no longer focused.</p><p>　　The primary function o

69、f a shipbroker representing a ship-owner is to find</p><p>　　employment for the ships under the control of his principal (the ship-owner or shipoperator).In the case of a ship broker representing a cargo int

70、erest, the ship-brokers role is to find suitable ships for the cargo which his principal (the charterer) wants to transport. This function requires an in depth knowledge of ship and cargoes, information about Ports, meth

71、ods of loading and discharging of various cargoes, weather patterns,demand and supply of ships and so forth.</p><p>　　With the advent of digital communication and powerful computing techniques</p><

72、;p>　　ship- brokers’ network has grown far and wide. Each ship broker gets cargo and ship position from a hundred sources or so – over a thousand emails a day. Each broker circulates his prospective businesses – ships

73、looking for cargoes or cargoes looking for suitable ships- to his contacts. Some of these are re-circulated again and again.</p><p>　　Managing the vast number of email messages received by a ship broker ever

74、yday is a challenge in itself. It may appear that simple solutions like filters, ‘rules’ etc can be used to minimize the inflow of messages. But this may not an easy task considering the fact that almost every message wi

75、th cargo and ship information is a source of information for the shipbroker. It shows the state of the market in terms of demand and supply of ship. Activating filters often sends many of the wanted messages</p>&

76、lt;p>　　In the olden times the shipbroker had rather limited reach. Each broker had a few contacts with whom he had interacted regularly using telex as the primary mode ofcommunication. Telex being expensive and less u

77、ser friendly (relatively), the interaction was limited to bare essentials. Telephone, the other communication method available those days was prohibitively expensive and unreliable when used for long distance contacts. ‘

78、Urgent’ and ‘Lightning’ calls were not connected for hours and hours. </p><p>　　As said earlier, shipbrokers track the market activity closely. It is this information that is used by many owners and Chartere

79、rs to formulate their business strategies.</p><p>　　Large ship brokering houses have set up elaborate research outfits. These research units constantly collect data on a wide range of parameters and analyze

80、them. Analytical reports are given to their clients and associates on a regular basis. The Baltic Exchange and some leading ship brokers publishes information on fixtures (contracts) concluded. They also publish indices

81、on various segments of the market.</p><p>　　The broker is also expected to advise on the possible trends of rates or availability of cargoes or ships etc. For example, if demand for iron ore increases, the s

82、hips available for carriage of grain may drop and so much so, the grain freight rates may shoot up. Is it better to go in for long term time charter or prefer spot market for our requirement of space for next 12 months?

83、An experienced broker can give sound advise in such matters.</p><p>　　Disputes are unavoidable in any business deal – particularly when it is carried out across different cultures and under conditions which

84、are dynamic and unpredictable. Although every contract provides a dispute resolution mechanism, the parties to the contract look forward to the intermediaries to anticipate potential dispute areas and take corrective act

85、ions. They also look forward to the ship-broker to help resolve any disputes that may come up in spite of the precautions. Ship-brokers, having</p><p>　　The process of chartering starts with the pre fixture

86、analysis when the trader/charterer gives the basic details of the business to his broker (or in – house shipping department) who estimates the achievable freight rate. The broker, in addition to giving the freight rate a

87、lso advises the trader about important parameters affecting the particular business. Using this information, the trader concludes the sale deed and asks the shipping department or the broker to fix the ship.</p>&

88、lt;p>　　The freight market is not a uniform one; it consists of various part markets that are not dependent on each other. The demand and supply and the market behavior of each of these segments are not necessarily int

89、er related. Individual segments behave in their own way. It is not uncommon to see one segment riding the crest of a market boom when another one will be reeling under depressive pressures.</p><p>　　The info

90、rmation and data required for analyzing the market trends for each segment is as different as the various segments in the industry. In addition to supply and demand, the state of the market also depends on economic situa

91、tion, price of oil, war,strikes, weather and climatic factors, good or bad harvest, governmental policies, and so on and so forth. The hands-on broker need to have his data base spread over a wide variety of parameters t

92、o give meaningful information to his clients.</p><p>　　Owning and operating a commercial ship in international and domestic trades is a complicated process that requires extensive experience and a large amou

93、nt of capital (which limits entry by people unfamiliar to the business). You can't just buy a ship and sail off for a few months and then resell the ship to launder your money. Shipping is a highly cyclical business

94、with volatile vessel values. Ship operation is very expensive – it costs $5-10,000 minimum per day to operate a ship and if someone </p><p>　　Offshore companies have been set up for decades with sophisticate

95、d structures that even financial institutions have trouble identifying who is the true ship owner - let alone the S&P broker who has no financial data available regarding a single purpose ship owning company.</p&g

96、t;<p>　　In the regular course of his business the S+P broker knows the market and what ships are or may become available for sale and who may be interested in purchasing them. The S+P broker provides sales candida

97、tes (i.e. a ship) to a buyer, arranges the inspection of the vessel, communicates the negotiations between the buyer / seller leading to an agreement, prepares the sales contract and coordinates the transaction until the