Diseño de hardware de prototipo de incubación.

separation schemes,"in particular, tankers,nuclear-powe­ red ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes".

According to article 52 of the convention ships of all states enjoy the right of innocent passage through archipie1agio waters.

UNLOS and Prevention of Pollution.

The Law of the Sea Convention 1982, provides a gene­ ral legal framework within which to adress operational pollution but leaves the specifics to "generally accepted international rules and standards for the prevention, reduction and control of pollution from vessels". This refers especially to the discharge standards and the contruction and equipment requirements of MARP0L".C2)

Article 218 of the convention allows a state where a ship is in port to investigate and proceed against that ship for discharge violations which have occured outside the territorial sea or the exclusive economic zone of any state,on request by the coastal states who suffered the damage or by the flag State.

must notify other states if pollution from a maritime casualty is likely to affect them. Similarly,the ship's masters should be obliged to notify if they are involved in or become aware of such pollution.

Article 199 of t h e . convention provides that there should be co-operation between states in eliminating the effects of pollution and preventing or minimizing the damage. States shall jointly develop and promote con­ tingency plans for responding to pollution incidents.

It is suggested to analyse the Law of the Sea Conven­ tion 1982 and to decide whether or not ratify it accord­ ing to the econom.ic interests of Nicaragua.

Reference Notes:

1. Establishment/Administration of Maritime Affairs in Developing Countries .Volume I by Professor P.S. Van- chiswar,1984,revised in 1987.

CtHARTEIR COrvICL-LJSXOfM

R E E : C O M M E E : M D < > = S k T ' X O M S _

Before 1979, there was viot an appropriate maritime administration in Nicaragua. Different Institutions were in charge of various functions and there was no

satisfactory communication between them. The legal framework was based on old Spanish legislation.

With the triumph of the Revolution in 1979 there was a special interest for creating a specialised institution, which could look after all matters relating to the maritime field. Therefore and in March 1980,the

Directorate of Water Transport was created which has developed some laws and subsidiary regulations that have abolished some maritime in'stitutions contained in Book III of Nicaragua's Commercial Code based on old Spanish legislation.

Nowadays,the m a m maritime institutions contained in Book III of Nicaragua's Commercial Code are still in force;due'to this fact and the fact that Nicaragua until February 1988 only had ratified the SOLAS 60,the author can say that Nicaragua's maritime legislation is outdated.

Due to economical problems the country has suffered from,the Directorate of Water Transport has not been able to retain certain qualified personnel and this has i^ssulted in a serious obstacle for the Directorate of Water Transport in developing the main activities regarding maritime field.

Another important obstacle which the Drrectorate of Water Transport faces is its non-participation in the main events of IMO,UNCTAD and other specialised agencies of the United Nations in charge of mairitime matters whxch would allow the Directorate of Water Transport to participate directly in the development of the main international regulations.

Another basic problem as regards matters pertaining to the maritime administration is the acute shortage of marine officers with the needed qualifications and experience,and the lack of training facilities for mx^rine officers and seamen.

In short there is an incipient mcjritime administration with functions not well defined,facing the problems already mentioned which ■ must be solved as soon as possible due to the important impact that the maritime transport has over the foreign trade of the country.

In order to solve the problems actually faced by the maritime administration the following is recommended:

1, It is necessary as a matter of urgency to draft and to put into force a Maritime Code which contains pub­ lic regulations relating to maritime transport. This code must establish the functions of the maritime administration.

2. Maritime transport due to its international

characteristic is regulated by international conventions,so it is very important that Nicaragua ratifies the international convention the author

In order to develop a proper maritime infrastructure it is necessary that the highest authorities give the necessary importance that shipping,ports and other complementary activities of maritime transport deserve.

The Ministry in charge of ma.ritime activities must as soon as possible draft a maritime policy and submit it to the consideration at the top-most level of the government after obtaining the concurrence or dissent in writing from all the ministries concerned» In the f ormulatiovi of the maritime pol icy, competent- officials from the different institutions in charge of shipping,ports and other complementary activities must assist the Ministry in charge of maritime activities.

It is vital for the development of the Directorate of Water Transport to participate in the meetings of IMO. Nowadays,the main meetings of IMO are attended by personnel of the Nicaragua's Embassy in London. However, due to the multiply activities that the per­ sonnel of the Embassy must attend,they are not able to follow in a proper manner the technical matters developed by IMO. Due to the serious economical prob­ lems the country is facing, it is not possible to attend the meetings of IMO with the necessary person­ nel, but the author considers that at this stage it is necessary to delegate that responsibility to a quali­ fied, officer of the Directorate of Water Transport. It is recommended that the officer be a graduate from World Maritime University because of the general recommended in chapter III of this tht’sis-